BILL NUMBER: S5145
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the social services law, in relation to certain authori-
zations to fiscal intermediaries
 
PURPOSE:
The Department of Health's attempt to drastically out the number of FIs
creates issues of network adequacy, resulting in palpable harms includ-
ing closing long-standing highly reputable Fis, and leaving many parts
of the state without a familiar FI, especially underserved and poverty
stricken areas left without local agencies.
 
SUMMARY OF SPECIFIC PROVISIONS:
This alternative proposal to the executive's 365-F the following key
areas: (1) clarity around the authorization process is detailed in the
statute; 2) FIs have a right to receive an authorization if they meet
the requirements; (3) FIs have an avenue to appeal if the DOH denies;
and (4) they can remain in business when this process is pending. The
authorization process proposed herein is very similar to the process
detailed in the version of 365-f that was in effect prior to March 31,
2019 (at which time it was replaced with an RFO process). Similar to
Governor Hochul's proposal, this proposal replaces the current RFO proc-
ess.
 
JUSTIFICATION:
During the current stage of the Coronavirus pandemic it is important to
not disrupt a major program that provides personal care service in the
home to people who would otherwise be forced into nursing home care. In
addition, current FIs performed on an outstanding :eve: throughout the
pandemic. Equity requires that current FIs be given the opportunity to
continue providing services, instead of small minority owned agencies
being unfairly targeted and forced out of business.
During the COVID epidemic, for quality of healthcare, CDPAP has far
outperformed both Nursing Homes and LHCSAS in providing safe, reliable,
well managed services to the elderly and vulnerable patient population.
By keeping vulnerable patients out of a congregant setting, CDPAP is
preferable to Nursing Homes. By having one aide who is often a member of
the patient's household or family, instead of multiple aides visiting
multiple patients, CDPAP is preferable for many over EHCSA services,
especially in light of the Coronavirus pandemic and continued fears of
exposure.
In addition, the decentralized administration of current CDPAP organiza-
tions has been a strength when large offices were closed due to COVID
throughout NY State. Note that NYS offices and even the legislature were
closed to citizens due to COVID. This proposal add to the strength in
decentralized home care management during a large scale health crisis
like a pandemic. The Department of Health's attempt to drastically out
the number of FIs creates issues of network adequacy, resulting in
palpable harms including closing long-standing highly reputable Flo, and
leaving many parts of the state without a familiar FI, especially
under-served and poverty stricken areas left without local agencies. In
the case of new immigrants, the DOH attempts to eliminate agencies,
often those who are smaller in nature and formed to support a specific
culture, and ethnic population, will cause tremendous harm. These agen-
cies are often the only ones able to serve these populations with impor-
tant language and cultural proficiency. In addition, the DOH's consol-
idation effort provides inadequate network availability for small
disability populations like the Deaf and Deaf/Blind community.
Under this proposed bill, Els would be able to continue their work while
DOH holds an enhanced authorization process that makes sure that all
parts of the state will be served by experienced Els that can meet the
needs of diverse groups of patients.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S5020A Comrie/ A5281A Sayegh
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5145: 365-f social services law, 365-f(4-a) social services law, 365-f(4-d) social services law