New York A 3312: Requires contracts with home care service providers to provide sufficient resources to ensure compensation to a qualified workforce providing high quality care

Bill Text

STATE OF NEW YORK
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3312
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
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Introduced by M. of A. BRINDISI, ABINANTI, CURRAN, McDONALD, MOSLEY,
RAIA -- Multi-Sponsored by -- M. of A. McLAUGHLIN, RA -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, the insurance law and the public
authorities law, in relation to payments to home care services provid-
ers and authorizing the commissioner of health to establish a program
to provide loans, through the dormitory authority, to home care to
finance health care reform efforts
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Section 4406-c of the public health law is amended by
2 adding a new subdivision 9 to read as follows:
3 9. Notwithstanding any inconsistent provision of law, contracts with
4 certified home health agencies, long term home health care programs,
5 licensed home care services programs or fiscal intermediaries operating
6 pursuant to section three hundred sixty-five-f of the social services
7 law to provide home care aide services as defined in section thirty-six
8 hundred fourteen-c of this chapter, or consumer directed personal
9 assistance services as authorized pursuant to section three hundred
10 sixty-five-f of the social services law shall at a minimum ensure that
11 the resources made available by such contracts shall support compen-
12 sation for persons providing such home care aide services and consumer
13 directed personal assistance services to ensure the retention of a qual-
14 ified workforce capable of providing high quality care to recipients of
15 such services consistent with the provisions of such section.
16 § 2. Subsection (a) of section 3224-a of the insurance law, as amended
17 by chapter 237 of the laws of 2009, is amended to read as follows:
18 (a) Except in a case where the obligation of an insurer or an organ-
19 ization or corporation licensed or certified pursuant to article forty-
20 three or forty-seven of this chapter or article forty-four of the public
21 health law to pay a claim submitted by a policyholder or person covered
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD02064-01-7

A. 3312 2
1 under such policy ("covered person") or make a payment to a health care
2 provider is not reasonably clear, or when there is a reasonable basis
3 supported by specific information available for review by the super-
4 intendent that such claim or bill for health care services rendered was
5 submitted fraudulently, such insurer or organization or corporation
6 shall pay the claim to a policyholder or covered person or make a
7 payment to a health care provider within thirty days of receipt of a
8 claim or bill for services rendered that is transmitted via the internet
9 or electronic mail, or forty-five days of receipt of a claim or bill for
10 services rendered that is submitted by other means, such as paper or
11 facsimile. Provided, however, any payment for services to health care
12 providers licensed under article thirty-six of the public health law or
13 fiscal intermediaries operating pursuant to section three hundred
14 sixty-five-f of the social services law shall be paid within fifteen
15 days of the receipt of a claim or a bill for services rendered during
16 the transition period from fee for service to Medicaid managed long term
17 care consistent with the state Medicaid plan for such health care
18 providers and for the twelve month period beyond the final transition of
19 Medicaid beneficiaries in that county. In addition, payments for any
20 disputed claim or bill for services shall be paid to such health care
21 providers by an insurer or an organization or corporation licensed or
22 certified pursuant to article forty-three or forty-seven of this chapter
23 or article forty-four of the public health law within twenty days of the
24 receipt of a claim or a bill for services; provided that at the option
25 of such insurer or organization or corporation licensed or certified
26 pursuant to article forty-three or forty-seven of this chapter or arti-
27 cle forty-four of the public health law, such claim or bill for services
28 shall subsequently be subject to arbitration pursuant to article seven-
29 .ty-five of the civil practice law and rules
30 § 3. Section 2801-a of the public health law is amended by adding a
31 new subdivision 17 to read as follows:
32 17. (a) The commissioner is authorized to establish a program to
33 assist in restructuring long term home health care delivery systems by
34 providing credit enhancement to health care providers licensed pursuant
35 to article thirty-six of this chapter that lack the credit resources
36 necessary to transition from fee for service to managed long term care
37 consistent with the goals of the state's Medicaid progr