Bill Text: NY S08361 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides for insurance reimbursement for expenses related to the provision of personal protective equipment (PPE) for direct care workers, care recipients and an emergency inventory of a ninety-day supply of PPE.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Engrossed - Dead) 2020-07-22 - referred to health [S08361 Detail]

Download: New_York-2019-S08361-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8361

                    IN SENATE

                                      May 19, 2020
                                       ___________

        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  payments  for
          personal  protective  equipment for home and community based long term
          care services

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

     1    Section  1.  The  public health law is amended by adding a new section
     2  3614-f to read as follows:
     3    § 3614-f. Payments for personal  protective  equipment  for  home  and
     4  community based long term care services. The payment of claims submitted
     5  under contracts or agreements with insurers under the medical assistance
     6  program  for  home  and community based long term care services provided
     7  under this article or by fiscal  intermediaries  operating  pursuant  to
     8  section  three  hundred  sixty-five-f  of  the social services law shall
     9  include reimbursement for expenses related to the provision of  personal
    10  protective  equipment (PPE) for direct care workers, care recipients and
    11  an emergency inventory of a ninety-day supply of PPE. Such reimbursement
    12  shall be clearly identified as an addition to base rates of payments and
    13  in an amount that supplements any current contracts  or  agreements  and
    14  shall  not  use  such  funds  to supplant payments for existing services
    15  under the Medicaid program. Determination of a standardized  amount  for
    16  PPE  will be adjusted annually and will take into consideration clinical
    17  best practices for PPE use  and  current  and  projected  public  health
    18  considerations  that could result in increased need for PPE supplies. In
    19  the event of a declaration of a state  of  emergency,  rate  adjustments
    20  shall  be  reviewed and implemented within thirty days to accommodate an
    21  immediate need for increased supplies of PPE. Provided that  no  portion
    22  of  the  dollars  spent  or  to be spent to satisfy the need for PPE for
    23  workers under this section shall be retained or used for another  manner
    24  by the home and community based long term care provider or fiscal inter-
    25  mediary  in receipt of the funding and further that insurers and provid-
    26  ers shall report compliance with this section to  the  department  as  a
    27  component of standardized cost reports required by the department.
    28    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16400-01-0