Bill Text: NY S07543 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to payment for contingency management programs that provide an incentive structure as a service for the treatment of a substance use disorder.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S07543 Detail]
Download: New_York-2021-S07543-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7543 2021-2022 Regular Sessions IN SENATE November 24, 2021 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the social services law and the workers' compensation law, in relation to payment for contingency management programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The social services law is amended by adding a new section 2 367-w to read as follows: 3 § 367-w. Payment for contingency management programs. 1. For the 4 purpose of this section, "contingency management program" means a 5 substance use disorder treatment service that provides an incentive 6 structure, including scaling rewards for continued evidence of specified 7 behaviors or adherence to treatment goals, that rewards participants for 8 specified behaviors, provided the receipt of any incentive or reward 9 pursuant to such a program shall not be considered income for purposes 10 of eligibility for public benefits or other public assistance to the 11 extent allowed by law. 12 2. The commissioner may authorize the payment of medical assistance 13 funds for contingency management programs. The commissioner shall, in 14 consultation with the AIDS Institute and the office of addiction 15 services and supports: 16 a. Issue guidance on the use of contingency management programs for 17 beneficiaries who access substance use disorder services under the 18 medical assistance program; 19 b. Establish limits on the number and value of incentives available to 20 beneficiaries who receive services pursuant to a contingency management 21 program; and 22 c. Determine maximum allowable rates for contingency management 23 programs based upon the medical assistance program fee-for-service 24 outpatient rates for the same or similar services, or any other data 25 deemed reliable and relevant by the commissioner. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13441-03-1S. 7543 2 1 3. Subdivision two of this section shall be effective if, and as long 2 as, federal financial participation is available for medical assistance 3 expenditures made pursuant to it. 4 4. For the purposes of implementing this section, the commissioner 5 shall seek any necessary federal approvals, including approvals of any 6 state plan amendment or federal waivers, by the federal centers for 7 medicare and Medicaid services no later than December thirty-first, two 8 thousand twenty-two. 9 § 2. Subdivision 2 of section 366-d of the social services law is 10 amended by adding a new paragraph (e) to read as follows: 11 (e) this subdivision shall not apply to contingency management 12 programs operated pursuant to section three hundred sixty-seven-w of 13 this title. 14 § 3. Paragraph (g) of subdivision 2 of section 13-d of the workers' 15 compensation law, as amended by section 2 of part CC of chapter 55 of 16 the laws of 2019, is amended to read as follows: 17 (g) has directly or indirectly requested, received or participated in 18 the division, transference, assignment, rebating, splitting or refunding 19 of a fee for, or has directly or indirectly requested, received or prof- 20 ited by means of a credit or other valuable consideration as a commis- 21 sion, discount or gratuity in connection with the furnishing of medical 22 or surgical care, an independent medical examination, diagnosis or 23 treatment or service, including X-ray examination and treatment, or for 24 or in connection with the sale, rental, supplying or furnishing of clin- 25 ical laboratory services or supplies, X-ray laboratory services or 26 supplies, inhalation therapy service or equipment, ambulance service, 27 hospital or medical supplies, physiotherapy or other therapeutic service 28 or equipment, artificial limbs, teeth or eyes, orthopedic or surgical 29 appliances or supplies, optical appliances, supplies or equipment, 30 devices for aid of hearing, drugs, medication or medical supplies, or 31 any other goods, services or supplies prescribed for medical diagnosis, 32 care or treatment, under this chapter; except that reasonable payment, 33 not exceeding the technical component fee permitted in the medical fee 34 schedule, established under this chapter for X-ray examinations, diagno- 35 sis or treatment, may be made by a provider duly authorized as a roent- 36 genologist to any hospital furnishing facilities and equipment for such 37 examination, diagnosis or treatment, provided such hospital does not 38 also submit a charge for the same services. Nothing contained in this 39 paragraph shall prohibit such providers who practice as partners, in 40 groups or as a professional corporation or as a university faculty prac- 41 tice corporation from pooling fees and moneys received, either by the 42 partnership, professional corporation, university faculty practice 43 corporation or group by the individual members thereof, for professional 44 services furnished by any individual professional member, or employee of 45 such partnership, corporation or group, nor shall the professionals 46 constituting the partnerships, corporations, or groups be prohibited 47 from sharing, dividing or apportioning the fees and moneys received by 48 them or by the partnership, corporation or group in accordance with a 49 partnership or other agreement. This paragraph shall not apply to 50 contingency management programs operated pursuant to section three 51 hundred sixty-seven-w of the social services law. 52 § 4. This act shall take effect immediately.
