Provides that recoupments and reductions of medical assistance payments for home care services shall not be subject to interest.
TITLE OF BILL: An act to amend the public health law, in relation to medical assistance recoupments and reductions for home care services and providing for the repeal of such provisions upon expiration thereof
PURPOSE: To alleviate the burdensome fiscal impacts of the recent Medicaid recoupment rate policy of the Department of Health on home care agencies and consumer directed personal assistance programs.
SUMMARY OF PROVISIONS:
Section one adds a new Public Health Law § 3621 providing that on and after April 1, 2009, any recoupments or reductions in medical assistance payments for licensed home care services agencies, certified home health agencies (CHHAs) and consumer directed personal assistance programs (COPAPs) shall not be subject to interest.
Section two provides that this act shall take effect immediately and shall expire and be deemed repealed on March 31, 2015.
JUSTIFICATION: Multi-year delays in Medicaid rate change approval and related overpayments have resulted in Personal Care providers, CHHAs and CDPAPs being subject to the massive recoupment of funds within a condensed period of time with punitive interest penalties. This results in severe cash flow issues and will have a direct impact on the home care workforce and patients. Payment accuracy is critical to maintaining the integrity of the Medicaid system, but burdensome recoupment practices create new obstacles for an industry already facing severe financial challenges. Elimination of interest charges related to the current Medicaid recoupment policy are necessary to mitigate the negative impact of the State's most recent rate adjustments on the home care system.
LEGISLATIVE HISTORY: 2012: S.6493-B
FISCAL IMPLICATIONS: No net fiscal impact as this legislation will not reduce the amounts recouped.
EFFECTIVE DATE: Immediately and shall expire and be deemed repealed on March 31, 2015.
STATE OF NEW YORK ________________________________________________________________________ 3902 2013-2014 Regular Sessions IN SENATE February 26, 2013 ___________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 medical assistance recoupments and reductions for home care services and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 3621 to read as follows: S 3621. MEDICAL ASSISTANCE RECOUPMENTS AND REDUCTIONS. NOTWITHSTAND- ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ON AND AFTER APRIL FIRST, TWO THOUSAND NINE, ANY RECOUPMENTS OR REDUCTIONS IN MEDICAL ASSISTANCE PAYMENTS FOR LICENSED HOME CARE SERVICES AGENCIES AND CERTI- FIED HOME HEALTH AGENCIES LICENSED PURSUANT TO THIS ARTICLE OR FISCAL INTERMEDIARIES OPERATING PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW SHALL NOT BE SUBJECT TO INTEREST OR INTEREST PENALTIES. S 2. This act shall take effect immediately and shall expire and be deemed repealed March 31, 2015.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09298-01-3