STATE OF NEW YORK ________________________________________________________________________ 6219 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 AN ACT to amend the social services law and the public health law, in relation to timely payments to behavioral health providers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 365-m of the social services law is amended by 2 adding a new subdivision 6 to read as follows: 3 6. Increased rates or payments for behavioral health providers as a 4 result of a rate, coverage or other change made pursuant to a law, regu- 5 lation, rule or guidance shall be deemed in effect under medicaid 6 managed care on the same date that such change takes effect in law, 7 regulation, rule or guidance. Any delays that result from technical or 8 other necessary updates or upgrades to a managed care provider's payment 9 system shall result in the retroactive payment adjustment of the full 10 amount of the required increased rates or payments to impacted providers 11 back to the effective date of the change set forth in law, regulation, 12 rule or guidance, provided that all retroactive payment adjustments 13 shall be made no later than forty-five days after such additional funds 14 were made available to managed care providers. 15 § 2. Section 2511 of the public health law is amended by adding a new 16 subdivision 22 to read as follows: 17 22. Increased rates or payments for behavioral health providers as a 18 result of a rate, coverage or other change made pursuant to a law, regu- 19 lation, rule or guidance shall be deemed in effect under Child Health 20 Plus on the same date that such change takes effect in law, regulation, 21 rule or guidance. Any delays that result from technical or other neces- 22 sary updates or upgrades to such organization's payment system shall 23 result in the retroactive payment adjustment of the full amount of the 24 required increased rates or payments to impacted providers back to the 25 effective date of the change set forth in law, regulation, rule or guid- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11698-01-7

S. 6219 2 1 ance, provided that all retroactive payment adjustments shall be made no 2 later than forty-five days after such additional funds were made avail- 3 able to such organizations. 4 § 3. Section 4406 of the public health law is amended by adding a new 5 subdivision 6 to read as follows: 6 6. Increased rates or payments for behavioral health providers as a 7 result of a rate, coverage or other change made pursuant to a law, regu- 8 lation, rule or guidance shall be deemed in effect under medicaid 9 managed care on the same date that such change takes effect in law, 10 regulation, rule or guidance. Any delays that result from technical or 11 other necessary updates or upgrades to Medicaid managed care providers 12 payment system shall result in the retroactive payment adjustment of the 13 full amount of the required increased rates or payments to impacted 14 providers back to the effective date of the change set forth in law, 15 regulation, rule or guidance, provided that all retroactive payment 16 adjustments shall be made no later than forty-five days after such addi- 17 tional funds were made available to Medicaid managed care providers. 18 § 4. This act shall take effect on the sixtieth day after it shall 19 have become a law.