BILL NUMBER: S9875
SPONSOR: WEBB
 
TITLE OF BILL:
An act to amend the social services law and the public health law, in
relation to permitting individuals receiving hospice services to enroll
in managed long term care plans and ensuring coordinated service deliv-
ery
 
PURPOSE:
To eliminate barriers that prevent individuals receiving hospice
services from enrolling in managed long term care plans and to promote
coordinated delivery of hospice and long-term care services.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends subparagraph (xix) of paragraph (e) of
subdivision 3 of section 364-j of the social services law to clarify
that individuals who elect hospice services under Medicare or Medicaid
are not categorically barred from enrolling in managed long-term care
plans.
Section 2 of the bill amends clause 8 of subparagraph (v) of paragraph
(b) of subdivision 7 of section 4403-f of the public health law to state
that individuals who elect the hospice benefit under Medicare or Medi-
caid shall not be deemed ineligible for enrollment in a managed long
term care plan and directs the commissioner to issue guidance to managed
long temi care plans, local social services districts and hospice
programs regarding enrollment procedures, continuity of care and coordi-
nation expectations for such individuals.
Section 3 of the bill amends section 4403-f of the public health law by
adding a new subdivision 12-a on the establishment of standards to
promote coordination of care for individuals enrolled in managed long
term care plans who are also receiving hospice services and specifies
what the standards shall include.
Section 4 of the bill authorizes the Department of Health to seek any
necessary federal approvals.
Section 5 is the effective date.
 
JUSTIFICATION:
Individuals with terminal illness frequently require both hospice care
and long-term care supports, including personal care services, transpor-
tation, and community-based assistance. Current Medicaid policy effec-
tively forces individuals to choose between hospice care and access to
managed long-tend care services, resulting in fragmented care, unmet
needs, and avoidable hospitalizations.
This bill removes that barrier by allowing individuals who elect hospice
to enroll in managed long-term care plans and by establishing standards
for coordinated care planning between hospice providers and managed
long-term care plans. These changes will improve continuity of care,
support patient dignity and autonomy, and promote more efficient use of
Medicaid resources.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
To be determined
 
LOCAL FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect on the one hundredth day after it shall have
become a law; provided, however, that the amendments to Subdivision 3 Of
Section 364-J Of the Social Services Law made by Section one of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith; provided, further, that the amendments to Section 4403-f of
the Public Health Law made by Sections two and three of this act shall
not affect the repeal of such section and shall be deemed repealed ther-
ewith. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.

Statutes affected:
S9875: 364-j social services law, 364-j(3) social services law, 4403-f public health law, 4403-f(7) public health law