S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6037

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2013
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Health

AN ACT to amend the mental hygiene law, in relation to the provision  of
  care  and services to persons with developmental or physical disabili-
  ties and to directing the commissioner of  developmental  disabilities
  to conduct a demonstration program to identify ways to more efficient-
  ly provide such care

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The mental hygiene law is amended by adding a  new  section
13.40 to read as follows:
S 13.40 MEDICAID REIMBURSEMENT; DEMONSTRATION PROGRAM.
  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW OR REGULATION TO THE
CONTRARY, ANY QUALIFIED PROVIDER SHALL BE AUTHORIZED TO PROVIDE CARE AND
SERVICES, AND TO  RECEIVE  MEDICAID  REIMBURSEMENT  FOR  SUCH  CARE  AND
SERVICES,  TO  PERSONS  WITH  DEVELOPMENTAL  OR  PHYSICAL  DISABILITIES,
INCLUDING:
  (1) PERSONS WITH DEVELOPMENTAL OR PHYSICAL  DISABILITIES  WHO  RECEIVE
HOME  AND  COMMUNITY-BASED  SERVICES  OR  CARE-AT-HOME  SERVICES THROUGH
EXISTING WAIVERS UNDER SECTION 1915(C) OF THE  FEDERAL  SOCIAL  SECURITY
ACT OR WHO HAVE CHARACTERISTICS AND NEEDS SIMILAR TO SUCH PERSONS; AND
  (2) PERSONS RECEIVING SERVICES PROVIDED BY AN INTERMEDIATE CARE FACIL-
ITY  FOR  THE  MENTALLY  RETARDED  OR WHO HAVE CHARACTERISTICS AND NEEDS
SIMILAR TO SUCH PERSONS; PROVIDED SUCH QUALIFIED  PROVIDER  APPLIES  FOR
AND  OBTAINS  THE  REQUISITE CERTIFICATION AND APPROVAL FROM THE COMMIS-
SIONER TO PROVIDE SUCH CARE AND SERVICES.
  (B) THE COMMISSIONER SHALL CONDUCT A DEMONSTRATION PROGRAM WITH ONE OR
MORE QUALIFIED FOR-PROFIT PROVIDERS THAT PROVIDE CARE  AND  SERVICES  TO
PERSONS WITH DEVELOPMENTAL OR PHYSICAL DISABILITIES IN ORDER TO IDENTIFY
WAYS TO MORE EFFECTIVELY, EFFICIENTLY AND ECONOMICALLY PROVIDE SUCH CARE
AND  SERVICES  TO  PERSONS  WITH DEVELOPMENTAL OR PHYSICAL DISABILITIES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09518-01-3
              

A. 6037                             2

PROVIDED SUCH QUALIFIED PROVIDER APPLIES FOR AND OBTAINS  THE  REQUISITE
CERTIFICATION  AND  APPROVAL  FROM THE COMMISSIONER TO PROVIDE SUCH CARE
AND SERVICES. THE COMMISSIONER SHALL SELECT A PROVIDER OR PROVIDERS WITH
DEMONSTRATED EXPERIENCE AND EXPERTISE IN:
  (1) PROVIDING SUCH CARE AND SERVICES; AND
  (2)  PARTNERING  WITH  STATES TO IMPROVE THE DELIVERY OF SUCH CARE AND
SERVICES.
  THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION,  CONDUCT  SUCH
DEMONSTRATION  PROGRAM  AS PART OF A PILOT PROGRAM IN ACCORDANCE WITH AN
APPLICATION MADE UNDER SECTION 1115  OR  SECTION  1915  OF  THE  FEDERAL
SOCIAL  SECURITY  ACT.  THE  COMMISSIONER  SHALL  ANNUALLY REPORT TO THE
GOVERNOR AND LEGISLATURE ON THE OPERATION OF THE  DEMONSTRATION  PROGRAM
AND  ITS  EFFECTIVENESS  IN  IDENTIFYING WAYS TO MORE EFFECTIVELY, EFFI-
CIENTLY AND ECONOMICALLY PROVIDE  CARE  AND  SERVICES  TO  PERSONS  WITH
DEVELOPMENTAL OR PHYSICAL DISABILITIES.
  S 2. This act shall take effect immediately.