IMPORTANT! S.7776 – DSRIP Fair Share Bill

February 19, 2020

As we discussed at our recent NYS Council 2020 Annual Business Meeting, the NYS Council has been working with our partners at CHCANYS as well as several other associations to get the bill (below) introduced. Today the Senate version was introduced and is now active (live)!

S.7776, the DSRIP Fair Share bill, would ensure that a minimum of forty percent (40%) of all funds awarded pursuant to a state DSRIP program on or after November twenty-seventh, two thousand nineteen, shall be disbursed to community-based health care providers for the exclusive purpose of supporting the programs and services defined in this subdivision.

Eligible groups are defined as:

  • a diagnostic and treatment center, other than those owned, operated, or controlled by a general hospital
  • a mental health outpatient provider
  • a substance use disorder treatment provider
  • a clinic licensed or granted an operating certificate by OPWDD
  • a patient-centered medical home other than those owned, operated, or controlled by a general hospital
  • a community-based program funded under the office of mental health, the office for people with developmental disabilities, the office of addiction services and supports or through a local government unit (except programs eligible for funding as part of a DSRIP social determinant of health network)
  • a home care provider
  • a hospice provider
  • a family and child service provider licensed under article twenty-nine-I of the public health law.

The idea for this bill first took root during a meeting of the BHCC/BH IPAs (supported by the NYS Council) and CHC IPAs (supported by CHCANYS) in New York City back in October. We are deeply grateful to Senator Rivera (Chair, Senate Health Committee) and also to Assemblyman Gottfried (Chair, Assembly Health Committee) (bill not yet introduced in the Assembly but we know it is coming) for their support and sponsorship.

This bill will obviously be a very high priority for our association for the remainder of the session, or until it passes and the Governor signs it into law.

As always, if you have questions or concerns please contact me at 518 461-8200. THANK YOU!

STATE OF NEW YORK

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7776

IN SENATE

February 18, 2020

Introduced by Sen. RIVERA — read twice and ordered printed, and when

printed to be committed to the Committee on Health

AN ACT to amend the social services law, in relation to requirements for

certain state programs to obtain federal financial supports for the

implementation of a delivery system reform incentive payment program

The People of the State of New York, represented in Senate and Assem-

bly, do enact as follows:

1 Section 1. Section 363-a of the social services law is amended by

2 adding a new subdivision 5 to read as follows:

3 5. Notwithstanding any provision of law, regulation, rule, federal

4 waiver request, or agency guidance to the contrary, any state program

5 implemented pursuant to an agreement with the Centers for Medicare and

6 Medicaid Services to obtain federal financial supports for the implemen-

7 tation of a delivery system reform incentive payment (“DSRIP”) program

8 consistent with section 1115A of the federal Social Security Act shall

9 require that a minimum of forty percent of all funds awarded pursuant to

10 a state DSRIP program on or after November twenty-seventh, two thousand

11 nineteen, shall be disbursed to community-based health care providers

12 for the exclusive purpose of supporting the programs and services

13 defined in this subdivision. For purposes of this subdivision, communi-

14 ty-based health care providers shall be defined as a diagnostic and

15 treatment center licensed or granted an operating certificate under

16 article twenty-eight of the public health law other than those owned,

17 operated, or controlled by a general hospital as defined in section

18 twenty-eight hundred one of the public health law; a mental health

19 outpatient provider licensed or granted an operating certificate under

20 article thirty-one of the mental hygiene law; a substance use disorder

21 treatment provider licensed or granted an operating certificate under

22 article thirty-two of the mental hygiene law; a clinic licensed or

23 granted an operating certificate under article sixteen of the mental

24 hygiene law; a patient-centered medical home other than those owned,

25 operated, or controlled by a general hospital as defined in section

26 twenty-eight hundred one of the public health law; a community-based

27 program funded under the office of mental health, the office for people

S. 7776 2

1 with developmental disabilities, the office of addiction services and

2 supports or through a local government unit as defined under article

3 forty-one of the mental hygiene law (except programs eligible for fund-

4 ing as part of a DSRIP social determinant of health network); a home

5 care provider certified or licensed pursuant to article thirty-six of

6 the public health law; a hospice provider licensed or granted an operat-

7 ing certificate under article forty of the public health law; or a fami-

8 ly and child service provider licensed under article twenty-nine-I of

9 the public health law.

10 § 2. This act shall take effect immediately and shall be deemed to

11 have been in full force and effect on and after April 1, 2020.