Bill Text: NY S04848 | 2017-2018 | General Assembly | Introduced

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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 (Republican 1-0)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO HEALTH [S04848 Detail]

Download: New_York-2017-S04848-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4848
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 3, 2017
                                       ___________
        Introduced  by  Sen.  HANNON -- 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.
                                                                   LBD10365-01-7
        S. 4848                             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  eighteen  and  shall  include  the
    15  distribution  of  monies  by plan and provider of the funds set forth in
    16  this subdivision.
    17    § 2. This act shall take effect immediately.