BILL NUMBER: S1222A
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, in relation to a review and
recommendations of reimbursement adequacy and other matters relating to
early intervention
 
PURPOSE:
To review reimbursement adequacy for early intervention services.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the public health law by adding section 2557-a as it
relates to early intervention program review. This section directs the
Commissioner of Health to contract with an independent entity to provide
a comprehensive study and review the early intervention program's models
of service delivery and the rates of reimbursement. The review would
include: a comprehensive assessment of existing methods to determine
reimbursement rates; analysis of salary levels for individuals within
the discipline; analysis of provider cost for the program; analysis by
discipline and labor region salary levels; and recommendations for
updating or maintaining reimbursement methods. This section also directs
the commissioner to submit the findings of the report and the recommen-
dations to elected officials and to post them on the department's
website within two years of the effective date.
Section 2 provides the effective date.
 
JUSTIFICATION:
The early intervention (Ei) program provides services for babies and
toddlers (0-3 years old) with developmental delays and disabilities. Ei
services help many children meet developmental milestones they would
otherwise miss. Most Ei services are provided in each individual fami-
ly's home and some are provided in groups and centers.
Ei reimbursement rates have only been raised once since the 1990s, the
FY24-25 budget provided a 5% increase. Individual providers and provider
agencies have been steadily leaving the program because they cannot
afford to keep providing the services at the State's payment rates. In
some parts of the State, there is an utter lack of providers qualified
to provide Ei services. In areas without an overall provider shortage,
there is still a shortage of Ei providers because they can make a more
sustainable living by serving people through other types of programs.
Even in areas that have a pool of available Ei providers, families in
certain neighborhoods are unable to find a provider who will come to
their home. From New York City to Rochester and throughout the State,
babies with disabilities are waiting months to receive the time-sensi-
tive services they need and deserve. Since Ei is only available to chil-
dren until their third birthday, a delay in services is a denial of
services.
Despite years of raising the issue of low reimbursement and the result-
ing provider shortage, no serious effort has been made to evaluate the
true costs of providing Ei services or to compare the salaries of the
same type of provider in and out of the Ei program. The reimbursement
rates were not high in 1990 and they are certainly not adequate now. The
State needs to reevaluate its payment methodologies and ensure that all
children eligible for Ei are able to access the services they need
before it's too late.
 
LEGISLATIVE HISTORY:
2021-2022: S5676 / A6579 Gottfried - Vetoed memo. 74
2023-2024: S1198-A / A10175 Paulin - Vetoed memo. 49
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.