Bill Text: NY A08011 | 2017-2018 | General Assembly | Amended


Bill Title: Provides that increased rates of payment for behavioral health services shall be deemed to be effective on the date of the law, rule or regulation under which the change or increase is required.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2018-03-26 - REFERRED TO HEALTH [A08011 Detail]

Download: New_York-2017-A08011-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         8011--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 25, 2017
                                       ___________
        Introduced by M. of A. GOTTFRIED, SEPULVEDA -- read once and referred to
          the  Committee  on Health -- reported and referred to the Committee on
          Ways  and  Means  --  committee  discharged,  bill  amended,   ordered
          reprinted as amended and recommitted to said committee
        AN  ACT  to  amend the social services law and the public health law, in
          relation to payments for behavioral health services
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 18 of section 364-j of the social services law
     2  is amended by adding a new paragraph (e) to read as follows:
     3    (e) Increased rates, terms or scope of payment for  behavioral  health
     4  services  under  this  title,  where  payment  is made by a managed care
     5  provider under this section, as a result of a rate,  coverage  or  other
     6  change  made  pursuant  to a law, regulation, rule or official guidance,
     7  shall be deemed in effect on the same date that such change  would  have
     8  taken effect if payment were made other than by the managed care provid-
     9  er. Where payment is not made as of the effective date, the managed care
    10  provider  shall  make  retroactive  payments  to the appropriate service
    11  providers.
    12    § 2. Subdivision 7 of section 4403-f  of  the  public  health  law  is
    13  amended by adding a new paragraph (i) to read as follows:
    14    (i)  Increased  rates, terms or scope of payment for behavioral health
    15  services under this section, where payment is made by  an  entity  under
    16  this  section,  as  a  result  of  a rate, coverage or other change made
    17  pursuant to a law, regulation,  rule  or  official  guidance,  shall  be
    18  deemed  in  effect  on  the  same date that such change would have taken
    19  effect if payment were made other than by the entity. Where  payment  is
    20  not  made  as  of  the effective date, the entity shall make retroactive
    21  payments to the appropriate service providers.
    22    § 3. This act shall take effect immediately; provided,  however,  that
    23  the  amendments  to section 364-j of the social services law and section
    24  4403-f of the public health law made by sections one  and  two  of  this
    25  act,  respectively,  shall  not  affect  the repeal of such sections and
    26  shall be deemed repealed therewith.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11787-04-7
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