Bill Text: NY S04971 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires managed long term care programs to distribute money received from the state for medicaid patients using a reasonable methodology, including for training and retention of non-supervisory home care service workers and personnel who provide direct care.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S04971 Detail]
Download: New_York-2019-S04971-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4971 2019-2020 Regular Sessions IN SENATE April 3, 2019 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to the distribution of moneys received by managed long term care programs from the state for medicaid patients 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 10 of section 3614 of the 2 public health law, as amended by section 5 of part C of chapter 109 of 3 the laws of 2006, is amended and a new paragraph (e) is added to read as 4 follows: 5 (b) Programs which have their rates adjusted pursuant to this subdivi- 6 sion shall use such funds solely for the purposes of recruitment, train- 7 ing and retention of non-supervisory home care services workers or other 8 personnel with direct patient care responsibility. Such purpose shall 9 include the recruitment, training and retention of non-supervisory home 10 care services workers or any worker with direct patient care responsi- 11 bility employed in licensed home care services agencies under contract 12 with such agencies. Such agencies are prohibited from using such fund 13 for any other purpose. For purposes of the long term home health care 14 program, such payment shall be treated as supplemental payments and not 15 effect any current cost cap requirement. For purposes of the managed 16 long term care program, plans shall distribute such funds in their 17 entirety using a reasonable methodology. Such payments shall be supple- 18 mental to reimbursement rates, and plans shall provide written notifica- 19 tion to each contracted agency indicating the amount of funds disbursed 20 for the purpose of recruitment, training and retention of non-superviso- 21 ry home care services workers or any personnel with direct patient care 22 responsibility. Each such agency shall submit, at a time and in a manner 23 determined by the commissioner, a written certification attesting that 24 such funds will be used solely for the purpose of recruitment, training EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11031-01-9S. 4971 2 1 and retention of non-supervisory home health aides or any personnel with 2 direct patient care responsibility. When submitting attestations to the 3 department, managed long term care plans shall include the methodology 4 utilized in the disbursement of funds. The commissioner is authorized to 5 audit each such agency or program to ensure compliance with the written 6 certification required by this subdivision and shall recoup any funds 7 determined to have been used for purposes other than recruitment and 8 retention of non-supervisory home health aides or other personnel with 9 direct patient care responsibility. Such recoupment shall be in addition 10 to any other penalties provided by law. 11 (e) The department shall provide a report to the chairs of the senate 12 finance committee, assembly ways and means committee, and senate health 13 and assembly health committees. Such report shall be submitted on or 14 before January first, two thousand twenty and shall include the distrib- 15 ution of monies by plan and provider of the funds set forth in this 16 subdivision. 17 § 2. This act shall take effect immediately.
