Relates to qualification for certain contracts relating to the consumer directed personal assistance program by applicants who provide fiscal intermediary services.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6215
SPONSOR: Kelles TITLE OF BILL:
An act to amend the social services law, in relation to qualification
for certain contracts relating to the consumer directed personal assist-
ance program by applicants who provide fiscal intermediary services
PURPOSE:
Relates to qualification for certain contracts relating to the consumer
directed personal assistance program by applicants who provide fiscal
intermediary services
SUMMARY OF PROVISIONS:
Section one of the bill amends paragraph (b-1) of subdivision 4-a of
section365-f of the social services law to include an additional condi-
tion for consideration within the fiscal intermediary procurement.
Section two of the bill amends subparagraph (i) of paragraph (b-2) of
subdivision 4-a to include additional language regarding any late
submission from an applicant for the fiscal intermediary procurement.
JUSTIFICATION:
Since the initial release of the Department of Health's Request for
Offers issued on December 18, 2019, the requirements in statute have
been drastically amended regarding eligibility and required service
area. These changes have been adopted out of concern for consumers of
the consumer directed personal assistance program (CDPAP), specifically
those living with disabilities who would be unable to remain in their
homes without the care provided through CDPAP and they rely on fiscal
intermediaries to manage the employment components of relationship
between caregiver and self-directed client. The most recent amendment to
this law narrowed the number of clients with which a fiscal intermediary
needed to work in order to be a successful candidate under the procure-
ment.
This legislation would enable an entity who has been providing fiscal
intermediary services, who continues to serve as a fiscal intermediary
and has provided all documentation and attestations as required to the
Department of Health, to participate in the procurement.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6215
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Health
AN ACT to amend the social services law, in relation to qualification
for certain contracts relating to the consumer directed personal
assistance program by applicants who provide fiscal intermediary
services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b-1) of subdivision 4-a of section 365-f of the
2 social services law, as amended by section 3 of part PP of chapter 57 of
3 the laws of 2022, is amended to read as follows:
4 (b-1) Following the initial selection of contractors on February elev-
5 enth, two thousand twenty-one, pursuant to the commissioner's request
6 for offers #20039 ("RFO") in accordance with this subdivision, the
7 commissioner is instructed to accept the offer to enter into contracts
8 with all applicants that were not initially selected on February elev-
9 enth, two thousand twenty-one, but that [were] are qualified by the
10 commissioner as meeting minimum requirements of the RFO, provided that
11 such qualified applicants that were not initially selected attest that:
12 (i) the applicant was providing fiscal intermediary services for at
13 least two hundred consumers in a city with a population of more than one
14 million at any time between January first, two thousand twenty and March
15 thirty-first, two thousand twenty; or
16 (ii) the applicant was providing fiscal intermediary services for at
17 least fifty consumers in another area of the state at any time between
18 January first, two thousand twenty and March thirty-first, two thousand
19 twenty[.]; or
20 (iii) for entities who did not submit an application pursuant to the
21 RFO, the entity was providing fiscal intermediary services under a
22 contract with a local department of social services prior to January
23 first, two thousand eleven. Such entities shall submit an application to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10108-03-3
A. 6215 2
1 the commissioner consistent with the requirements of the RFO and attest
2 that they meet the requirements under subparagraph (i) or (ii) of this
3 paragraph. Such application shall be deemed accepted by the commissioner
4 unless there are factors which would otherwise disqualify the applicant
5 as part of their application.
6 § 2. Subparagraph (i) of paragraph (b-2) of subdivision 4-a of section
7 365-f of the social services law, as added by section 4 of part PP of
8 chapter 57 of the laws of 2022, is amended to read as follows:
9 (i) Any late submission shall disqualify the applicant from receiving
10 a contract award under paragraph (b-1) of this subdivision; provided,
11 however, that a late submission from an applicant that already provides
12 or has provided fiscal intermediary services under this section pursuant
13 to clause (A) of subparagraph (i) of paragraph (a) of this subdivision
14 and meets the remaining qualifications of the department as defined in
15 this section shall not be disqualified and such applicant shall be
16 considered a qualified applicant.
17 § 3. This act shall take effect immediately.
