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S7241Senate2019-2020 SessionSame asA9538

Notify Patients of Help

Official title

“Relates to notice of health consumer assistance”

Sponsor Gustavo RiveraSD-33+1 co-sponsorAffects Health
Status
Senate Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via A9538

What's happening

This bill requires managed care providers to include contact information for independent consumer assistance and ombudsman programs on all Medicaid adverse determination, grievance, and appeal notices.

Why it matters

  1. Empowers Medicaid recipients and their advocates. by ensuring they are informed about independent consumer assistance and ombudsman programs, making it easier to get help navigating complex appeals or grievances with managed care plans.

  2. Improves transparency and access to support. in cases of denied care, grievances, or appeals, which may help recipients understand their rights and options, potentially reducing confusion or lost appeals due to lack of information.

  3. Targets vulnerable populations. , including those dealing with substance use disorder and mental health issues, by specifically requiring notice about specialized ombudsman programs designed to advocate for these groups.

  4. May incentivize higher accountability from managed care providers. knowing that consumers are more likely to seek third-party assistance could encourage plans to resolve issues more thoroughly and fairly at the outset.

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Who cares

  • Medicaid managed care participants

    They would receive contact information for independent consumer assistance and the substance use disorder and mental health ombudsman on adverse determination, grievance and appeal notices.

  • Managed care providers

    They would have to add the assistance programs’ names, addresses, phone numbers and websites to required notices.

  • Health plan enrollees filing grievances

    Grievance process and determination notices would include contacts for independent assistance alongside information about their grievance and appeal rights.

  • Independent consumer assistance programs and the mental health and substance use disorder ombudsman

    Their contact information would be included in required notices to enrollees seeking to challenge plan decisions.

Headline styles

Notify Patients of Help

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Gustavo Rivera

Senator · Senate District 33

Chair, Health

1 Co-sponsor

History

  1. Substituted by A9538
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.311
  5. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9538Assembly

Require Health Help Notices

Signed by Governor · Sponsor Richard Gottfried

Impact 4 · LowSigned into law

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7241

IN SENATE

January 13, 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 and the public health law, in relation to adverse determination notices to Medicaid recipients

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 9 of section 364-j of the social services law, as amended by chapter 433 of the laws of 1997, is amended to read as follows:

9. Managed care providers shall inform participants of such provider's grievance procedure and utilization review procedures [required pursuant to sections forty-four hundred eight-c and] under article forty-nine [hundred] of the public health law. A managed care provider or local social services district, as appropriate, shall provide notice to participants of their respective rights to a fair hearing and aid continuing in accordance with applicable state and federal law. Managed care providers shall provide written notice of the name, address, phone number and website of the department of health designated independent consumer assistance program and the independent substance use disorder and mental health ombudsman established by section 33.27 of the mental hygiene law on all notices of adverse determinations, grievances and appeals.

§ 2. Paragraph (b) of subdivision 2 and subdivision 7 of section 4408-a of the public health law, as added by chapter 705 of the laws of 1996, are amended to read as follows:

(b) The notice to an enrollee describing the grievance process shall explain: (i) the process for filing a grievance with the organization; (ii) the timeframes within which a grievance determination must be made; [and] (iii) the right of an enrollee to designate a representative to file a grievance on behalf of the enrollee; and (iv) notice of the name, address, phone number and website of the department designated consumer assistance program and the independent substance use disorder and mental health ombudsman established by section 33.27 of the mental hygiene law on all notices of adverse determinations, grievances and appeals.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD14155-02-9

S. 7241 2

7. The notice of a determination shall include: (i) the detailed reasons for the determination; (ii) in cases where the determination has a clinical basis, the clinical rationale for the determination; [and] (iii) the procedures for the filing of an appeal of the determination, including a form for the filing of such an appeal; and (iv) notice of the name, address, phone number and website of the department designated consumer assistance program and the independent substance use disorder and mental health ombudsman established by section 33.27 of the mental hygiene law on all notices of adverse determinations, grievances and appeals.

§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, the amendments made to subdivision 9 of section 364-j of the social services law made by section one of this act shall not affect the repeal of such section, and shall be deemed repealed therewith.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the social services law and the public health law, in relation to adverse determination notices to Medicaid recipients

Purpose or general idea of bill

To require Medicaid managed care plans to provide written notice of the name, address, phone number and website of the department of health designated independent consumer assistance program and the independent substance use disorder and mental health ombudsman on all notices of adverse determinations, grievances and appeals.

Summary of specific provisions

Section one amends subdivision 9 of section 364-j of the social services law to require notice of the department of health designated independent consumer assistance program and the independent substance use disorder and mental health ombudsman on all notices of adverse determinations, grievances and appeals.

Section two of the bill amends subdivision 2 and subdivision 7 of section 4408-a of the public health law to require notice of the depart- ment of health designated independent consumer assistance program and the independent substance use disorder and mental health ombudsman on all notices of adverse determinations, grievances and appeals.

Section 3 of the bill establishes the effective date.

Justification

Navigating the health care system is difficult. This is especially true for people who are covered by managed care plans charged with adminis- tering the state's Medicaid program. Recognizing these challenges, independent consumer assistance programs were established and initially funded as part of the Affordable Care Act. New York has continued the program with funding supported by the Legislature and the Governor. This bill requires notice of this important consumer assistance program on all adverse determinations made by Medicaid managed care plans thus providing recipients access to an independent resource for assistance.

Prior legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.