Bill S7400B-2013

Relates to oversight of developmental disability care organizations and coordinate services

Relates to oversight of developmental disability care organizations and coordinate services.

Details

Actions

  • Jun 20, 2014: SUBSTITUTED BY A9766A
  • Jun 20, 2014: ORDERED TO THIRD READING CAL.1697
  • Jun 20, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 10, 2014: PRINT NUMBER 7400B
  • Jun 10, 2014: AMEND (T) AND RECOMMIT TO HEALTH
  • Jun 3, 2014: PRINT NUMBER 7400A
  • Jun 3, 2014: AMEND AND RECOMMIT TO HEALTH
  • May 14, 2014: REFERRED TO HEALTH

Meetings

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Memo

BILL NUMBER:S7400B

TITLE OF BILL: An act to amend the public health law, in relation to services for individuals with developmental disabilities

PURPOSE: To ensure that New York State's public policy of providing supports and services for individuals with developmental disabilities, such as residential, day and employment services, will continue to be by either public or nonprofit entities with experience providing those services under the Office for People With Developmental Disabilities (OPWDD)

JUSTIFICATION: New York State has a long history of providing supports and services (such as residential, day and employment services) to individuals with developmental disabilities through partnerships between state and voluntary providers of service. With the transition to managed care, it is important that New York State continues to ensure that the State's public policy of providing residential, day, employment and other supports and services for individuals with developmental disabilities continue to be by either public or nonprofit entities with experience providing those services under OPWDD. This proposal will ensure "state-wideness" as required by CMS and will ensure that no matter what type of managed care entity an individual with developmental disabilities is enrolled in, the provider of their OPWDD services will continue to be either public or nonprofit.

As originally envisioned, individuals with developmental disabilities would only transition into managed care and be served by a managed care entity called a DISCO (Developmental Disability Individual Support and Care Coordination organization) which requires that providers of long term care supports and services for individuals with developmental disabilities continue to be nonprofit. However, the original construct has since changed. As currently envisioned, individuals with developmental disabilities will receive services through a mainstream Managed Care Organizations (MCO), a Managed Long Term Care plan (MLTC) or a DISCO, with no requirement that the provider of the OPWDD services (residential, day, employment etc.) be provided by a nonprofit entity with experience, regardless of the type of managed care entity.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: The act shall take effect immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 7400--B IN SENATE May 14, 2014 ___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to services for indi- viduals with developmental disabilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (a-1) of subdivision 8 of section 4403 of the public health law, as added by section 74 of part A of chapter 56 of the laws of 2013, are amended to read as follows: (a) Such organization must have the ability to provide or coordinate services for persons with developmental disabilities, as demonstrated by criteria to be determined by the commissioner and the commissioner of the office for people with developmental disabilities. Such criteria shall include, but not be limited to, adequate experience providing or coordinating services for persons with developmental disabilities[.] UNDER THE REGULATORY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOP- MENTAL DISABILITIES; (a-1) If the commissioner and the commissioner of the office for people with developmental disabilities determine that such organization lacks the experience required in paragraph (a) of this subdivision, the organization shall have an affiliation arrangement with an entity or entities THAT ARE NON-PROFIT with experience serving persons with devel- opmental disabilities UNDER THE REGULATORY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, DAY, AND EMPLOYMENT SERVICES such that the affiliated enti- ty will coordinate and plan services operated, certified, funded, authorized or approved by the office for people with developmental disa- bilities or will oversee and approve such coordination and planning; S 2. Paragraphs (a) and (a-1) of subdivision 12 of section 4403-f of the public health law, as added by section 76 of part A of chapter 56 of the laws of 2013, are amended to read as follows:
(a) Such plan must have the ability to provide or coordinate services for persons with developmental disabilities as demonstrated by criteria to be determined by the commissioner and the commissioner of the office for people with developmental disabilities. Such criteria shall include, but not be limited to, adequate experience providing or coordinating services for persons with developmental disabilities UNDER THE REGULATO- RY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; (a-1) If the commissioner and the commissioner of the office for people with developmental disabilities determine that such plan lacks the experience required in paragraph (a) of this subdivision, the plan shall have an affiliation arrangement with an entity or entities THAT ARE NON-PROFIT with experience serving persons with developmental disa- bilities UNDER THE REGULATORY OVERSIGHT OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, INCLUDING, BUT NOT LIMITED TO, RESIDENTIAL, DAY AND EMPLOYMENT SERVICES, such that the affiliated entity will coor- dinate and plan services operated, certified, funded, authorized or approved by the office for people with developmental disabilities or will oversee and approve such coordination and planning; S 3. This act shall take effect immediately, provided, however, that the amendments to subdivision 8 of section 4403 of the public health law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith; provided, further that the amendments to subdivision 12 of section 4403-f of the public health law made by section two of this act shall not affect the repeal of such subdivision and such section and shall be deemed repealed there- with.

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