Bill Text: NY A06720 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the requirements fiscal intermediaries shall meet before contracting with the state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A06720 Detail]

Download: New_York-2021-A06720-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6720

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 26, 2021
                                       ___________

        Introduced  by  M.  of  A. D. ROSENTHAL -- read once and referred to the
          Committee on Health

        AN ACT to amend the social services law, in relation to the requirements
          fiscal intermediaries shall meet before contracting with the state

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (b) of subdivision 4-a of section 365-f of the
     2  social services law, as amended by section 4 of part G of chapter 57  of
     3  the laws of 2019, is amended to read as follows:
     4    (b)  Notwithstanding any inconsistent provision of section one hundred
     5  sixty-three of the state finance law, or section one  hundred  forty-two
     6  of  the  economic  development  law  the  commissioner  shall enter into
     7  contracts under this subdivision with eligible contractors [that  submit
     8  an offer for a contract, provided, however, that] as follows:
     9    (i)  [the department shall post on its website] with a fiscal interme-
    10  diary that was selected by the  commissioner  as  part  of  request  for
    11  offers  #20039  -  New York State Fiscal Intermediaries for the Consumer
    12  Directed Personal Assistance Program; and
    13    (ii) with the following fiscal intermediaries, if such fiscal interme-
    14  diaries have responded to the request for offers #20039:
    15    (A) [a description of the proposed services to be provided pursuant to
    16  contracts in accordance with this subdivision] to  minimize  disruption,
    17  with (1) the five fiscal intermediaries that serve the most consumers in
    18  the state of New York department of health rate region one; (2) the five
    19  fiscal  intermediaries that serve the most consumers in the state of New
    20  York department of health rate region two, three and four; and  (3)  the
    21  top  ten  fiscal  intermediaries not included in item one or two of this
    22  clause that, together with its  affiliates,  serve  the  most  consumers
    23  statewide; provided, however, that in each case the commissioner may, in
    24  his  or  her discretion, elect not to offer a contract to an entity that
    25  scored in the bottom fiftieth percentile of applicants;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10495-02-1
        A. 6720                             2

     1    (B) [that the selection of contractors  shall  be  based  on  criteria
     2  reasonably  related to the contractors' ability to provide fiscal inter-
     3  mediary services including but not limited to: ability to  appropriately
     4  serve  individuals participating in the program, geographic distribution
     5  that  would  ensure  access in rural and underserved areas, demonstrated
     6  cultural and language competencies specific to the population of consum-
     7  ers and those of the available  workforce,  ability  to  provide  timely
     8  consumer  assistance,  experience serving individuals with disabilities,
     9  the availability of consumer peer support, and  demonstrated  compliance
    10  with  all  applicable  federal and state laws and regulations, including
    11  but not limited to those relating to wages and labor] to ensure consumer
    12  choice, with an additional ten fiscal intermediaries that have  substan-
    13  tial  experience  and  knowledge  with  the  consumer  directed personal
    14  assistance program and home care services,  including  providing  fiscal
    15  intermediaries services prior to two thousand twelve;
    16    (C)  [the  manner  by  which  prospective  contractors  may  seek such
    17  selection, which may include submission by electronic  means]  to  serve
    18  special  populations,  with  (1) an additional ten fiscal intermediaries
    19  that have experience serving disabled or other high needs populations or
    20  cultural competence in serving certain racial  and  ethnic  populations;
    21  and  (2) with ten fiscal intermediaries that are not-for-profit entities
    22  or minority or women-owned businesses or  entities,  particularly  those
    23  serving  populations  that are in traditionally underserved communities;
    24  and
    25    (D) to ensure geographic diversity, with up to ten  additional  fiscal
    26  intermediaries  to ensure there is at least one lead fiscal intermediary
    27  headquartered in each county with a population of over two hundred thou-
    28  sand
    29    [(ii) all reasonable and responsive  offers  that  are  received  from
    30  prospective  contractors  in  timely  fashion  shall  be reviewed by the
    31  commissioner;
    32    (iii) the commissioner shall award such contracts to  the  contractors
    33  that  best  meet the criteria for selection and are best suited to serve
    34  the purposes of this section and the needs of consumers;
    35    (iv) all entities providing fiscal intermediary services on or  before
    36  April first, two thousand nineteen, shall submit an offer for a contract
    37  under  this  section  within sixty days after the commissioner publishes
    38  the initial offer on the department's website. Such  entities  shall  be
    39  deemed  authorized to provide such services unless: (A) the entity fails
    40  to submit an offer for a contract under this section  within  the  sixty
    41  days;  or  (B)  the  entity's offer for a contract under this section is
    42  denied;
    43    (v) all decisions made and approaches taken pursuant to this paragraph
    44  shall be documented in a procurement record as defined  in  section  one
    45  hundred sixty-three of the state finance law; and
    46    (vi)  the  commissioner  is  authorized to reoffer contracts under the
    47  same terms of this subdivision, if determined necessary by  the  commis-
    48  sioner].
    49    §  2.  This  act  shall take effect immediately and shall be deemed to
    50  have been in full force and effect on and after January 1, 2021.