A 8355: Relates to licensure requirements for fiscal intermediaries under the consumer directed personal assistance program.

  
  STATE OF NEW YORK ________________________________________________________________________ 8355 2025-2026 Regular Sessions  IN ASSEMBLY May 13, 2025 ___________ Introduced by M. of A. PAULIN, ROSENTHAL, SIMON, LEE, SEPTIMO -- read once and referred to the Committee on Health AN ACT to amend the social services law, in relation to fiscal interme- diaries under the consumer directed personal assistance program; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs (i) and (ii-a) of paragraph (a) of subdivi- 2 sion 4-a of section 365-f of the social services law, subparagraph (i) 3 as amended and subparagraph (ii-a) as added by section 1 of part HH of 4 chapter 57 of the laws of 2024, are amended and a new subparagraph (i-a) 5 is added to read as follows: 6 (i) "Statewide fiscal intermediary" means an entity that provides 7 fiscal intermediary services and has a contract for providing such 8 services with the department of health [and is selected through the 9 procurement process described in paragraph (b) of this subdivision]. 10 (i-a) "Fiscal intermediary" shall mean: 11 (A) an entity that provides fiscal intermediary services and has a 12 contract for providing such services with the department of health; 13 (B) a service center for independent living under section one thousand 14 one hundred twenty-one of the education law that has been providing 15 fiscal intermediary services as of January first, two thousand twenty- 16 four, or earlier; and 17 (C) at the discretion of the commissioner, an entity that has been 18 selected as a subcontractor under this section as of April first, two 19 thousand twenty-five. Fiscal intermediaries shall have the same status 20 as the selected statewide fiscal intermediary. Fiscal intermediaries 21 shall be required to provide fiscal intermediary services with cultural 22 and linguistic competency specific to the population of consumers and 23 those of the available workforce, and shall comply with the requirements 24 for registration as a fiscal intermediary set forth in subdivision four- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11417-04-5 
 A. 8355 2 1 a-one of this section. Fiscal intermediaries are intended to provide 2 consumer choice of fiscal intermediary services, and are permitted to 3 expand their services into areas of the state lacking choice, with the 4 approval of the department. Such approval shall be considered through 5 an expedited process. 6 (ii-a) The commissioner shall require any managed care plans, managed 7 long-term care plans, local social [service] services districts, and 8 other appropriate long-term service programs offering consumer directed 9 personal assistance services to contract with the statewide fiscal 10 intermediary and the fiscal intermediaries set forth in [subparagraph] 11 subparagraphs (i) and (i-a) of this paragraph to provide all fiscal 12 intermediary services to consumers. 13 § 2. Subparagraphs (ii-b) and (ii-c) of paragraph (a) and paragraphs 14 (b) and (c) of subdivision 4-a of section 365-f of the social services 15 law are REPEALED. 16 § 3. Subdivision 4-a-1 of section 365-f of the social services law, as 17 added by section 3 of part HH of chapter 57 of the laws of 2024, is 18 amended to read as follows: 19 4-a-1. (a) Fiscal intermediary registration. Except for the statewide 20 fiscal intermediary and [its subcontractors, as of April first, two 21 thousand twenty-five] a fiscal intermediary as defined in subparagraph 22 (i-a) of paragraph (a) of subdivision four-a of this section, no entity 23 shall provide, directly or through contract, fiscal intermediary 24 services. [All subcontractors of the statewide fiscal intermediary, 25 shall register with the department within thirty days of being selected 26 as a subcontractor.] 27 (b) [In selecting its subcontractors, the statewide fiscal interme- 28 diary shall consider demonstrated compliance with all applicable federal 29 and state laws and regulations, including but not limited to, marketing 30 and labor practices, cost reporting, and electronic visit verification 31 requirements.] Fiscal intermediaries may contract directly with managed 32 care plans, managed long-term care plans, local social services 33 districts, and other appropriate long-term service programs offering 34 consumer directed personal assistance services to provide fiscal inter- 35 mediary services to consumers. 36 § 4. This act shall take effect immediately.