May 22, 2023
Below please find information regarding 3 pieces of legislation of importance to NYS Council members.
Also, ATTACHED please find today’s Crain’s Health Pulse that features our work to pass the OMIG AUDIT REFORM bill. Thanks to Linda Clark at BarclayDamon (NYS Council OMIG Reform Consultant) for participating in the interview:
1. OMIG Audit Reform Bill – A6813/S5329A
Our new OMIG Audit Reform bill (A6813) is on the Assembly Health Committee agenda for Tuesday, 5/23, and the Senate version is now with Senate Finance. This means that both bills (Senate and Assembly versions that are identical) are moving forward in the Legislature. (A.6813/S.5329A)
ACTION: MONDAY, 5/22 and Tues. 5/23, PLEASE use the tool (link below) to send a note to your Assembly AND Senate representatives urging them to actively support the bill in their House, and help keep it moving forward. Here’s the link – please share it! https://cpstate.org/advocacy/?vvsrc=%2fCampaigns%2f99125%2fRespond
2. Telehealth Parity – A07316/S6733In addition to our OMIG Audit Reform bill, another critical piece of legislation moving through committees this week is A07316 (Paulin) (excerpted below). This bill is good for all who use telehealth by extending the requirement for payment parity enacted in last year’s budget through April 1, 2026. Specifically, the language below would add FQHCs to the existing law section which requires parity at the rates or fees set by OPWDD, OMH and OASAS (APG rates). This was included for 31s and 32s in the budget last year and the NYS Council will vigorously support efforts to ensure it also applies to FQHCs, including those that are also licensed under Art. 31 and 32.
The Senate version of the bill, S 6733 is currently with the Senate Finance Committee whereas the Assembly version is with the Health Committee.
Notwithstanding the provisions of this subdivision, for services
3 licensed, certified or otherwise authorized pursuant to article sixteen,
4 article thirty-one or article thirty-two of the mental hygiene law, and
5 for any services delivered through a facility licensed under article
6 twenty-eight of this chapter that is eligible to be designated or has
7 received a designation as a federally qualified health center in accord-
8 ance with 42 USC § 1396a(aa), as amended, or any successor law thereto,
9 including those facilities that are also licensed under article thirty-
10 one or article thirty-two of the mental hygiene law, such services
11 provided by telehealth[, as deemed appropriate by the relevant commis-
12 sioner,] shall be reimbursed at the applicable in person rates or fees
13 established by law, or otherwise established or certified by the office
14 for people with developmental disabilities, office of mental health, or
15 the office of addiction services and supports pursuant to article
16 forty-three of the mental hygiene law.
3. Statewide Healthcare Transformation Fund Set Aside for CBOs - A7182 /S5658
Previous rounds of the Statewide Health Care Facilities Transformation Fund (SHCFTG) program included a set aside of 25% for community-based organizations, however, the language that passed in the enacted budget to establish the SHCFTG Round V did not include the set aside, although the one house bills included it. A7182/S5658 (identical bills) adds back the 25% set aside for CBOs. The list of eligible program types is below:
- a diagnostic and treatment center licensed or granted an operating certificate under article 28 of the public health law- a mental health outpatient provider licensed or granted an operating certificate under article 31 of the mental hygiene law- a substance use disorder treatment provider licensed or granted an operating certificate under article 32 of the mental hygiene law- a program licensed under article 41 of mental hygiene law- a community based program funded under the office of mental health, the office for people with developmental disabilities, the office of alcoholism and substance abuse services or through local government departments of mental hygiene - a home care provider certified or licensed pursuant to article 36 of the public health law - a primary care provider- a clinic licensed or granted an operating certificate under article 16 of the mental hygiene law- a provider of health home services as authorized under section 2703 of the federal protection and affordable care act- a hospice provider licensed or granted an operating certificate under article 40 of the public health law, or - a family and child service provider licensed under Article 29-i of the public health law