New York Assembly Bill A06221 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6221--A 2023-2024 Regular Sessions  IN ASSEMBLY April 3, 2023 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Health -- 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 ensuring that the state implements certain federal conflict of interest requirements in a manner that ensures limited disruption of certain services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph d of subdivision 6-a of section 366 of the social 2 services law, as amended by chapter 627 of the laws of 2004, is amended 3 to read as follows: 4 d. (i) The commissioner of health shall contract with not-for-profit 5 agencies around the state that have experience with providing community 6 based services to individuals with disabilities, hereinafter referred to 7 as regional resource development specialists, who shall be responsible 8 for initial contact with the prospective waiver participant, for assur- 9 ing the waiver candidates have choice in selecting a service coordinator 10 and other providers, and for assessing applicants including decisions 11 for eligibility for participation in the waiver, which contain the 12 original service plan and all subsequent revised service plans. 13 Regional resource development specialists shall be responsible for 14 approving service plans and the department of health shall provide tech- 15 nical assistance and oversight. 16 (ii) Prior to taking any step to implement the requirements of subpar- 17 agraph (vi) of paragraph (1) of subsection (c) of section 441.301 of 18 title 42 of the code of federal regulations as such provisions relate to 19 the nursing home transition and diversion waiver program authorized 20 under section 1915(c) of the federal social security act, the commis- 21 sioner of the department of health shall: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10489-02-3 
 A. 6221--A 2 1 (1) Survey all participating waiver providers, including voluntary 2 providers, to identify levels of preparedness to implement such require- 3 ments; and 4 (2) Report by January first, two thousand twenty-four, to the governor 5 and the chairs of the assembly and senate committees on health on the 6 ability of the provider system to continue to meet the requirements of 7 this paragraph related to consumer choice for service coordination. 8 (iii) All final plans for the transition and conversion of services 9 related to federal conflict of interest activities shall be suspended 10 pending the review and approval of the recommendations contained within 11 the report required under clause two of subparagraph (ii) of this para- 12 graph. 13 § 2. Section 2743 of the public health law is amended by adding a new 14 subdivision 4 to read as follows: 15 4. (a) Prior to taking any step to implement the requirements of 16 subparagraph (vi) of paragraph (1) of subsection (c) of section 441.301 17 of title 42 of the code of federal regulations as such provisions relate 18 to the traumatic brain injury waiver program authorized under section 19 1915(c) of the federal social security act, the commissioner shall: 20 (i) Survey all participating waiver providers, including voluntary 21 providers, to identify levels of preparedness to implement such require- 22 ments; and 23 (ii) Report by January first, two thousand twenty-four, to the gover- 24 nor and the chairs of the assembly and senate committees on health on 25 the ability of the provider system to continue to ensure consumer choice 26 for service coordination. 27 (b) All final plans for the transition and conversion of services 28 related to federal conflict of interest activities shall be suspended 29 pending the review and approval of the recommendations contained within 30 the report required under subparagraph (ii) of paragraph (a) of this 31 subdivision. 32 § 3. This act shall take effect immediately.