STATE OF NEW YORK ________________________________________________________________________ 6219--A 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 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. Section 2511 of the public health law is amended by adding a new 13 subdivision 22 to read as follows: 14 22. Increased rates, terms or scope of payment for behavioral health 15 services under this title, where payment is made by an approved organ- 16 ization, as a result of a rate, coverage or other change made pursuant 17 to a law, regulation, rule or official guidance shall be deemed in 18 effect on the same date that such change would have taken effect if 19 payment were made other than by the approved organization. Where payment 20 is not made as of the effective date, the approved organization shall 21 make retroactive payments to the appropriate service providers. 22 § 3. Subdivision 7 of section 4403-f of the public health law is 23 amended by adding a new paragraph (i) to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11698-02-7

S. 6219--A 2 1 (i) Increased rates, terms or scope of payment for behavioral health 2 services under this section, where payment is made by an entity under 3 this section, as a result of a rate, coverage or other change made 4 pursuant to a law, regulation, rule or official guidance, shall be 5 deemed in effect on the same date that such change would have taken 6 effect if payment were made other than by the entity. Where payment is 7 not made as of the effective date, the entity shall make retroactive 8 payments to the appropriate service providers. 9 § 4. This act shall take effect immediately; provided, however, that 10 the amendments to section 364-j of the social services law and section 11 4403-f of the public health law made by sections one and three of this 12 act, respectively, shall not affect the repeal of such sections and 13 shall be deemed repealed therewith.