STATE OF NEW YORK ________________________________________________________________________ 6219--B 2017-2018 Regular Sessions IN SENATE May 11, 2017 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law and the public health law, in relation to payments for behavioral health services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 18 of section 364-j of the social services law 2 is amended by adding a new paragraph (e) to read as follows: 3 (e) Increased rates, terms or scope of payment for behavioral health 4 services under this title, where payment is made by a managed care 5 provider under this section, as a result of a rate, coverage or other 6 change made pursuant to a law, regulation, rule or official guidance, 7 shall be deemed in effect on the same date that such change would have 8 taken effect if payment were made other than by the managed care provid- 9 er. Where payment is not made as of the effective date, the managed care 10 provider shall make retroactive payments to the appropriate service 11 providers. 12 § 2. Subdivision 7 of section 4403-f of the public health law is 13 amended by adding a new paragraph (i) to read as follows: 14 (i) Increased rates, terms or scope of payment for behavioral health 15 services under this section, where payment is made by an entity under 16 this section, as a result of a rate, coverage or other change made 17 pursuant to a law, regulation, rule or official guidance, shall be 18 deemed in effect on the same date that such change would have taken 19 effect if payment were made other than by the entity. Where payment is 20 not made as of the effective date, the entity shall make retroactive 21 payments to the appropriate service providers. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11698-03-7

S. 6219--B 2 1 § 3. This act shall take effect immediately; provided, however, that 2 the amendments to section 364-j of the social services law and section 3 4403-f of the public health law made by sections one and two of this 4 act, respectively, shall not affect the repeal of such sections and 5 shall be deemed repealed therewith.