2006 New York Code - Managed Long Term Care Plans.



 
    * §  4403-f.  Managed long term care plans. 1. Definitions. As used in
  this section:
    (a) "Managed long term care plan" means an entity that has received  a
  certificate of authority pursuant to this section to provide, or arrange
  for,  health  and  long  term  care  services,  on  a capitated basis in
  accordance with this section, for a population, age eighteen  and  over,
  which the plan is authorized to enroll.
    (b) "Eligible applicant" means an entity controlled or wholly owned by
  one  or  more of the following: a hospital as defined in subdivision one
  of section twenty-eight hundred one of this chapter; a home care  agency
  licensed or certified pursuant to article thirty-six of this chapter; an
  entity that has received a certificate of authority pursuant to sections
  forty-four  hundred  three,  forty-four  hundred  three-a  or forty-four
  hundred eight-a of  this  article  (as  added  by  chapter  six  hundred
  thirty-nine  of  the  laws  of nineteen hundred ninety-six), or a health
  maintenance organization authorized under  article  forty-three  of  the
  insurance  law;  or a not-for-profit organization which has a history of
  providing or coordinating  health  care  services  and  long  term  care
  services to the elderly and disabled.
    (c) "Chronically ill" shall be as defined by the commissioner.
    (d) "Operating demonstration" means the following entities: the social
  health maintenance organization authorized by chapter six hundred two of
  the laws of nineteen hundred eighty-two; and the chronic care management
  demonstration programs authorized by chapters six hundred fifty-three of
  the laws of nineteen hundred eighty-four, chapter five hundred thirty of
  the   laws  of  nineteen  hundred  eighty-eight,  chapter  five  hundred
  ninety-seven of the laws of nineteen  hundred  ninety-four  and  chapter
  eighty-one of the laws of nineteen hundred ninety-five as amended.
    (e)  "Approved  managed  long term care demonstration" means the sites
  approved by the commissioner to participate in the  "Evaluated  Medicaid
  Long   Term  Care  Capitation  Program";  the  chronic  care  management
  demonstration program authorized by chapter thirty-nine of the  laws  of
  nineteen hundred ninety-seven; and any demonstration authorized pursuant
  to paragraphs (d) and (e) of subdivision six of this section.
    (f) "Health and long term care services" means services including, but
  not  limited  to  primary care, acute care, home and community-based and
  institution-based long term care  and  ancillary  services  (that  shall
  include medical supplies and nutritional supplements) that are necessary
  to meet the needs of persons whom the plan is authorized to enroll.
    2.  Certificate of authority; form. An eligible applicant shall submit
  an application for a certificate of authority to operate a managed  long
  term care plan upon forms, and within such time, as may be prescribed by
  the  commissioner.  Such eligible applicant shall submit information and
  documentation to the  commissioner  which  shall  include,  but  not  be
  limited to:
    (a)  a  description  of  the service area proposed to be served by the
  plan with projections of enrollment that will result in a fiscally sound
  plan;
    (b) a description of the proposed target population and the  marketing
  plan;
    (c)  a  description  that  demonstrates  the cost-effectiveness of the
  program as compared to the cost of services clients would otherwise have
  received;
    (d) adequate documentation of the appropriate licenses, certifications
  or approvals to provide care  as  planned,  including,  if  appropriate,
  affiliation  agreements  or  contracts  with  such  providers  as may be
  necessary to provide the full complement  of  services  required  to  be
  provided under this section.
    3.  Certificate  of  authority;  approval.  The commissioner shall not
  approve an  application  for  a  certificate  of  authority  unless  the
  applicant demonstrates to the commissioner's satisfaction:
    (a)  the relative cost effectiveness to the medical assistance program
  when compared to other managed long term care plans proposing to  serve,
  or serving, comparable populations;
    (b)   that   it   will  have  in  place  acceptable  quality-assurance
  mechanisms, grievance procedures, mechanisms to protect  the  rights  of
  enrollees  and  case  management services to ensure continuity, quality,
  appropriateness and coordination of care;
    (c) that it will include an enrollment process which shall ensure that
  enrollment in the plan is informed and voluntary by enrollees  or  their
  representatives  and  a voluntary disenrollment process. The application
  shall include  the  specific  grounds  that  would  warrant  involuntary
  disenrollment  provided,  however,  an otherwise eligible enrollee shall
  not be involuntarily disenrolled on the basis of health status;
    (d) satisfactory evidence of  the  character  and  competence  of  the
  proposed  operators  and  reasonable  assurance  that the applicant will
  provide high quality services to an enrolled population;
    (e) sufficient management systems capacity to meet the requirements of
  this section and the ability to efficiently process payment for  covered
  services;
    (f)  readiness  and  capability  to:  achieve  full  capitation  on  a
  scheduled basis for services reimbursed pursuant to title XVIII  of  the
  federal  social  security  act  or  capability and protocols for benefit
  coordination for services reimbursed pursuant  to  such  title  and  all
  other applicable benefits, with such benefit coordination including, but
  not  limited  to,  measures  to support sound clinical decisions, reduce
  administrative  complexity,  coordinate  access  to  services,  maximize
  benefits available pursuant to such title and ensure that necessary care
  is provided;
    (g) readiness and capability to achieve full capitation on a scheduled
  basis  for  services  reimbursed  pursuant  to  title XIX of the federal
  social security act;
    (h) willingness and capability of taking, or cooperating in, all steps
  necessary to secure and integrate any potential sources of  funding  for
  services provided by the managed long term care plan, including, but not
  limited to, funding available under titles XVI, XVIII, XIX and XX of the
  federal social security act, the federal older Americans act of nineteen
  hundred  sixty-five,  as amended, or any successor provisions subject to
  approval of the director of the state  office  for  aging,  and  through
  financing  options  such  as  those authorized pursuant to section three
  hundred sixty-seven-f of the social services law; and
    (i) that the arrangements for  health  and  long  term  care  services
  ensure  the  availability  and  accessibility  of  such  services to the
  proposed enrolled population.
    4. Role of the superintendent of insurance. (a) The superintendent  of
  insurance,  in  consultation with the commissioner with regard to fiscal
  solvency, shall be responsible for evaluating, approving and  regulating
  all  matters  relating to premium rates subject to paragraph (c) of this
  subdivision, enrollee contracts and fiscal solvency, including reserves,
  surplus and provider contracts to the extent such  contracts  relate  to
  fiscal  solvency matters. The superintendent of insurance may promulgate
  regulations to implement this section. The superintendent of  insurance,
  in the administration of this subdivision:
    (i)  shall be guided by the standards which govern the fiscal solvency
  of a  health  maintenance  organization,  provided,  however,  that  the
  superintendent  of  insurance  shall  recognize  the  specific  delivery
  components,  operational  capacity  and  financial  capability  of   the
  eligible applicant for a certificate of authority;
    (ii)  shall  not  apply financial solvency standards that exceed those
  required for a health maintenance organization;
    (iii)  shall  establish  reasonable  capitalization  and   contingency
  reserve  requirements.  Where  the population enrolled in a managed long
  term care plan is substantially composed of chronically ill  individuals
  receiving  services  under title XIX of the federal social security act,
  the superintendent  of  insurance  shall  take  into  consideration  the
  availability  of services to such chronically ill individuals under such
  title in the event that the managed long term care  plan  is  unable  to
  meet  its  contractual  obligations.  The  establishment  of  reasonable
  capitalization and contingency reserve  requirements  for  managed  long
  term  care  plans  substantially composed of chronically ill individuals
  receiving services under title XIX of the federal  social  security  act
  shall also be subject to the approval of the commissioner;
    (iv)   when   establishing   capitalization  and  contingency  reserve
  requirements, may exclude revenue and expenses derived from  chronically
  ill  individuals  under title XIX of the federal social security act who
  are in a nursing facility in a managed long term care plan.
    (b) Standards  established  pursuant  to  this  subdivision  shall  be
  adequate to protect the interests of enrollees in managed long term care
  plans.    The  superintendent  of  insurance shall be satisfied that the
  eligible  applicant  is  financially  sound,  and  has   made   adequate
  provisions to pay for services:
    (i)  that  are furnished by providers that are not affiliated with the
  eligible applicant;
    (ii) to meet the specialized health care needs  of  enrollees  needing
  care at specialty care centers; and
    (iii)  for  which  claims are submitted after the period for which the
  eligible applicant will receive payments.
    (c) A managed long term care plan shall have its  premiums  determined
  in accordance with the insurance law except where enrollees are eligible
  to  receive services under title XIX of the federal social security act,
  in which case rates shall be established pursuant to  subdivision  eight
  of this section.
    5.  Applicability  of other laws. (a) A managed long term care plan or
  approved managed long term care demonstration shall be  subject  to  the
  provisions  of  the  insurance  law and regulations applicable to health
  maintenance organizations,  this  article  and  regulations  promulgated
  pursuant  thereto. To the extent that the provisions of this section are
  inconsistent with the provisions of this chapter or  the  provisions  of
  the insurance law, the provisions of this section shall prevail.
    (b)  Notwithstanding  chapter  thirty-nine  of  the  laws  of nineteen
  hundred ninety-seven, the provisions of this section shall apply to  the
  chronic care management demonstration authorized by such chapter.
    6. Approval authority. (a) The commissioner, pursuant to a request for
  proposals  selection process, after receiving from the superintendent of
  insurance the  evaluations  and  approvals  required  pursuant  to  this
  section,  shall  issue  no more than thirty certificates of authority to
  eligible applicants for a managed long term care  plan  which  satisfies
  the conditions under this section, provided that:
    (i)  for the purposes of issuance of no more than thirty certificates,
  such certificates  shall  be  exclusive  of  those  certificates  issued
  pursuant  to  paragraphs  (b)  and  (c)  of  this subdivision, provided,
  however, that such certificates shall be inclusive of those certificates
  issued to entities  initially  authorized  to  operate  as  an  approved
  managed  long  term care demonstration pursuant to paragraph (e) of this
  subdivision;
    (ii)  no  more  than  nine  of  the  thirty certificates of authority,
  inclusive of those certificates issued to entities initially  authorized
  to  operate as an approved managed long term care demonstration pursuant
  to  paragraph  (e)  of  this  subdivision  may  be  issued  to  eligible
  applicants which are, or are owned or controlled by one or more entities
  that have received a certificate of authority pursuant to either section
  forty-four  hundred  three,  forty-four  hundred  three-a  or forty-four
  hundred eight-a of  this  article  (as  added  by  chapter  six  hundred
  thirty-nine  of  the  laws  of  nineteen hundred ninety-six) or a health
  maintenance organization organized  under  article  forty-three  of  the
  insurance  law  provided further, that no more than one such certificate
  may be issued to an eligible applicant described in this subparagraph in
  the first twelve months following the effective date  of  this  section,
  and  no  more  than  two  such  certificates  may  be issued to eligible
  applicants described in this subparagraph in  the  first  twelve  months
  commencing  with  the selection, pursuant to a request for proposals, of
  eligible applicants to operate managed long term care plans pursuant  to
  this paragraph. For purposes of this subparagraph, "control" shall exist
  if  an  entity  or  entities designated in this subparagraph directly or
  indirectly own, control, or hold the power to vote ten percent or  more,
  in  the  aggregate,  of  the  voting securities or voting rights of such
  eligible applicant, or are corporate members of  an  eligible  applicant
  organized as a not-for-profit corporation;
    (iii) absent federal approvals as may be necessary to achieve the full
  capitation  requirements  of  paragraph (g) of subdivision three of this
  section, the commissioner shall approve no more than eight  certificates
  of  authority  pursuant to this paragraph to operate a managed long term
  care plan which requires such federal approvals.
    (b) An operating  demonstration  shall  be  issued  a  certificate  of
  authority  as  a managed long term care plan upon a determination by the
  commissioner,  subject  to  the  necessary  evaluations,  approvals  and
  regulations  of  the  superintendent  of  insurance  as  stated  in this
  section,  that  such   demonstration   complies   with   the   operating
  requirements  for  a  managed  long  term  care plan under this section.
  Except as otherwise expressly provided in  paragraphs  (d)  and  (e)  of
  subdivision  seven  of  this  section,  nothing in this section shall be
  construed to affect  the  continued  legal  authority  of  an  operating
  demonstration to operate its previously approved program.
    (c) An approved managed long term care demonstration shall be issued a
  certificate  of  authority  as  a  managed  long  term  care plan upon a
  determination by the commissioner, subject to the necessary evaluations,
  approvals and regulations of the superintendent of insurance  set  forth
  in  this  section,  that  such demonstration complies with the operating
  requirements for a managed long  term  care  plan  under  this  section.
  Notwithstanding  any  inconsistent provision of law to the contrary, all
  authority  for  the  operation  of  approved  managed  long  term   care
  demonstrations  which have not been issued a certificate of authority as
  a managed long term care plan, shall expire one year after the  adoption
  of regulations implementing managed long term care plans.
    (d)  The commissioner may, contingent upon approval of federal waivers
  and subject to the approval of the director of the budget, authorize the
  continuing care network demonstration program sites in Monroe county  to
  operate as approved managed long term care demonstrations and may permit
  such  sites  to  serve  enrollees  who  are sixty-five and older and not
  chronically ill.
    (e) The majority leader of the senate and the speaker of the  assembly
  may  each designate in writing up to ten eligible applicants as approved
  managed long term care demonstrations. The commissioner may designate in
  writing up to two eligible applicants as approved managed long term care
  demonstrations. Subsequent to such designation, the commissioner and the
  superintendent  of  insurance shall impose terms and conditions pursuant
  to a written agreement with each such  demonstration,  not  inconsistent
  with  this  section, under which such demonstrations shall be authorized
  to operate. If any such demonstration has not  commenced  operations  by
  January  first,  two thousand four, the majority leader of the senate or
  the speaker of the assembly, as the case may be,  may,  consistent  with
  this paragraph, rescind its designation as an approved managed long term
  care  demonstration  and  its  authorization to operate, and, consistent
  with this paragraph, designate an alternate  applicant  as  an  approved
  managed long term care demonstration.
    (f)  The commissioner and the superintendent of insurance shall impose
  terms and conditions pursuant to a written agreement with each  approved
  managed  long  term  care  demonstration,  not  inconsistent  with  this
  section, under which such demonstrations shall be authorized to operate.
    7. Program oversight and administration. (a)(i) The commissioner shall
  promulgate regulations to implement  this  section  and  to  ensure  the
  quality, appropriateness and cost-effectiveness of the services provided
  by  managed  long  term care plans. The commissioner may waive rules and
  regulations of the department,  including  but  not  limited  to,  those
  pertaining to duplicative requirements concerning record keeping, boards
  of  directors, staffing and reporting, when such waiver will promote the
  efficient delivery of appropriate, quality, cost-effective services  and
  when  the  health,  safety  and general welfare of enrollees will not be
  impaired as a result of such waiver. In order to  achieve  managed  long
  term  care  plan system efficiencies and coordination and to promote the
  objectives of high quality, integrated  and  cost  effective  care,  the
  commissioner  may  establish  a single coordinated surveillance process,
  allow for a comprehensive quality improvement and review process to meet
  component quality requirements, and require a uniform cost  report.  The
  commissioner  shall  require  managed  long  term  care plans to utilize
  quality  improvement  measures,  based  on  health  outcomes  data,  for
  internal  quality  assessment processes and may utilize such measures as
  part of the single coordinated surveillance process.
    (ii) Notwithstanding any inconsistent provision of the social services
  law to the contrary, the commissioner  shall,  pursuant  to  regulation,
  determine  whether  and the extent to which the applicable provisions of
  the social  services  law  or  regulations  relating  to  approvals  and
  authorizations  of, and utilization limitations on, health and long term
  care services reimbursed pursuant to title XIX  of  the  federal  social
  security   act,   including,  but  not  limited  to,  fiscal  assessment
  requirements, are inconsistent with the flexibility  necessary  for  the
  efficient  administration  of  managed  long  term  care  plans and such
  regulations shall provide that such provisions shall not  be  applicable
  to  enrollees  or  managed  long  term  care  plans,  provided that such
  determinations  are  consistent  with   applicable   federal   law   and
  regulation.
    (b)  The  commissioner  shall,  to  the  extent  necessary, submit the
  appropriate waivers, including, but not  limited  to,  those  authorized
  pursuant to sections eleven hundred fifteen and nineteen hundred fifteen
  of  the  federal  social  security act, or successor provisions, and any
  other waivers  necessary  to  achieve  the  purposes  of  high  quality,
  integrated, and cost effective care and integrated financial eligibility
  policies under the medical assistance program or pursuant to title XVIII
  of  the  federal  social  security  act.  Copies of such original waiver
  applications shall be provided to the chairman  of  the  senate  finance
  committee  and  the  chairman  of  the assembly ways and means committee
  simultaneously with their submission to the federal government.
    (c)(i)  The  commissioner  may establish interim enrollment thresholds
  which are less than the projected total enrollment in  a  plan  for  the
  purpose  of  making  a  determination  of  the  plan's ability to enroll
  additional persons above the established thresholds while providing high
  quality and accessible care. Total enrollment  of  persons  enrolled  in
  managed   long   term  care  plans  certified  under  paragraph  (a)  of
  subdivision six of this section or initially authorized to operate as an
  approved managed long term care demonstration  under  paragraph  (e)  of
  such  subdivision,  shall  not  exceed,  in  the  aggregate, twenty-five
  thousand persons who were chronically  ill  and  eligible  for  services
  under  title  XIX  of  the  federal  social  security act at the time of
  enrollment and twenty-five thousand persons who were not chronically ill
  at the time of enrollment.
    (ii) A managed long term care plan shall not use deceptive or coercive
  marketing methods to encourage participants to enroll.  A  managed  long
  term  care  plan  shall  not distribute marketing materials to potential
  enrollees  until  such  plan  has  submitted  such  materials   to   the
  commissioner,  the  superintendent  of insurance and the director of the
  state office for the aging.
    (iii) The commissioner  shall  ensure,  through  periodic  reviews  of
  managed  long  term  care  plans,  that  enrollment  was a voluntary and
  informed choice;  such  plan  has  only  enrolled  persons  whom  it  is
  authorized  to  enroll,  and  plan  services  are  promptly available to
  enrollees  when  appropriate.  Such  periodic  reviews  shall  be   made
  according to standards as determined by the commissioner in regulations.
    (d)  Notwithstanding  any  provision of law, rule or regulation to the
  contrary and subject to the  availability  of  funds,  the  commissioner
  shall  issue  a request for proposals to carry out reviews of enrollment
  and assessment activities in managed long term care plans and  operating
  demonstrations  with  respect  to enrollees eligible to receive services
  under title XIX of the federal  social  security  act  to  determine  if
  enrollment meets the requirements of subparagraph (iii) of paragraph (c)
  of  this  subdivision;  and  that assessments of such enrollees' health,
  functional and other status, for the purpose of adjusting premiums, were
  accurate. The request for proposals shall be  developed,  and  proposals
  evaluated, in consultation with the local commissioners representing the
  several  regions  of  the state. Evaluations shall address each bidder's
  ability to ensure that enrollments in such plans are  promptly  reviewed
  and  that  medical assistance required to be furnished pursuant to title
  eleven of article five of the social services law will be  appropriately
  furnished  to  the  recipients  for  whom  the  local  commissioners are
  responsible pursuant to section three hundred sixty-five of  such  title
  and  that  plan  implementation  will  be consistent with the proper and
  efficient administration of the medical assistance program  and  managed
  long term care plans.
    (e)  Until  such  time  as  the  provisions  of  paragraph (d) of this
  subdivision  and  the  risk  adjustment  mechanisms   referred   to   in
  subdivision   eight   of  this  section  are  both  implemented  to  the
  satisfaction of the commissioner  or  January  first,  nineteen  hundred
  ninety-nine, whichever is earlier: (i) with respect to each managed long
  term  care plan, the commissioner may continue to delegate some, or all,
  of the tasks identified in paragraph (d) of this  subdivision  to  local
  districts  provided  that  the agreement between the department and such
  plan pursuant to paragraph (o)  of  subdivision  two  of  section  three
  hundred   sixty-five-a  of  the  social  services  law  or  between  the
  department and such demonstration clearly reflects such delegation; (ii)
  an operating demonstration shall, with respect to tasks performed by the
  local  district  in  relation to such demonstrations, have the option of
  continuing to operate under its existing agreement with a local district
  or, in the event that an approved managed long term  care  demonstration
  enters  into a subsequent agreement with such district, to operate under
  the same or similar terms and conditions as contained in such subsequent
  agreement with respect to such tasks.
    (f) The commissioner shall set a  schedule  for  achievement  of  full
  capitation for services reimbursed under title XIX of the federal social
  security  act  which  shall  reflect  the  shortest  feasible  timelines
  consistent  with  any  federal  approvals  required  to   achieve   full
  capitation  and  the  commissioner  shall monitor each managed long term
  care plan's movement to full capitation according to such schedule.
    (g)  The  commissioner  shall  ensure  that  protocols   for   benefit
  coordination,  if  applicable,  have been implemented and are consistent
  with the requirements of this section.
    (h) The commissioner may, in his or her discretion for the purpose  of
  protection  of enrollees, impose measures including, but not limited to,
  bans on further enrollments  and  requirements  for  use  of  enrollment
  brokers  until  any identified problems are resolved to the satisfaction
  of the commissioner.
    (i) Continuation of a  certificate  of  authority  issued  under  this
  section, subject to the necessary evaluations, approvals and regulations
  of   the   superintendent   of   insurance,  shall  be  contingent  upon
  satisfactory performance by the managed  long  term  care  plan  in  the
  delivery,  continuity,  accessibility, cost effectiveness and quality of
  the services to enrolled members; compliance with applicable  provisions
  of  this  section  and rules and regulations promulgated thereunder; the
  continuing fiscal solvency of the organization; and,  federal  financial
  participation  in  payments  on  behalf on enrollees who are eligible to
  receive services under title XIX of the federal social security act.
    (j) The commissioner shall ensure that (i) a process  exists  for  the
  resolution  of disputes concerning the accuracy of assessments performed
  pursuant to paragraphs (d) and (e) of this  subdivision;  and  (ii)  the
  tasks  described  in  paragraphs  (d)  and  (e)  of this subdivision are
  consistently administered.
    (k) (i) Managed long term care plans  and  demonstrations  may  enroll
  eligible  persons  in the plan or demonstration upon the completion of a
  comprehensive assessment that shall include, but not be limited  to,  an
  evaluation  of  the  medical,  social  and  environmental  needs of each
  prospective enrollee in such program. This assessment shall  also  serve
  as the basis for the development and provision of an appropriate plan of
  care for the prospective enrollee.
    (ii)  The  assessment  shall  be  completed by a representative of the
  managed long term care plan or demonstration, in consultation  with  the
  prospective  enrollee's health care practitioner. The commissioner shall
  prescribe the forms on which the assessment shall be made.
    (iii) The completed assessment and  documentation  of  the  enrollment
  shall  be  submitted by the managed long term care plan or demonstration
  to the local department of social services prior to the commencement  of
  services  under  the  managed  long term care plan or demonstration. For
  purposes of  reimbursement  of  the  managed  long  term  care  plan  or
  demonstration,   if  the  completed  assessment  and  documentation  are
  submitted on or before the twentieth day of the  month,  the  enrollment
  shall  commence  on  the first day of the month following the completion
  and submission and if the completed  assessment  and  documentation  are
  submitted  after  the  twentieth  day of the month, the enrollment shall
  commence on the first day of  the  second  month  following  submission.
  Enrollments  conducted  by  a  plan or demonstration shall be subject to
  review  and  audit  by  the  department  and  the  local social services
  district.
    (iv) Continued  enrollment  in  a  managed  long  term  care  plan  or
  demonstration  paid  for  by  government  funds  shall  be  based upon a
  comprehensive assessment of the medical, social and environmental  needs
  of  the recipient of the services. Such assessment shall be performed at
  least annually by the managed long term care plan serving the  enrollee.
  The  commissioner shall prescribe the forms on which the assessment will
  be made.
    (l) The commissioner shall, upon request by a managed long  term  care
  plan,  approved  managed  long  term  care  demonstration,  or operating
  demonstration,  and  consistent  with  federal  regulations  promulgated
  pursuant  to  the  Health  Insurance Portability and Accountability Act,
  share with such plan or  demonstration  the  following  data  if  it  is
  available:
    (i)  information  concerning  utilization of services and providers by
  each of its enrollees prior to and during enrollment, including but  not
  limited  to  utilization  of emergency department services, prescription
  drugs, and hospital and nursing facility admissions.
    (ii) aggregate data concerning utilization and costs for enrollees and
  for comparable  cohorts  served  through  the  Medicaid  fee-for-service
  program.
    8.  Payment  rates  for managed long term care plan enrollees eligible
  for medical assistance.  The  commissioner,  in  consultation  with  the
  superintendent  of insurance, shall establish payment rates for services
  provided to enrollees eligible under title XIX  of  the  federal  social
  security  act.  Such  payment  rates shall be subject to approval by the
  director of the division of the budget and shall reflect savings to both
  state and local governments  when  compared  to  costs  which  would  be
  incurred  by such program if enrollees were to receive comparable health
  and long term care services on a fee-for-service basis in the geographic
  region in which such services are proposed to be provided. Payment rates
  shall be risk-adjusted to  take  into  account  the  characteristics  of
  enrollees,  or  proposed  enrollees,  including,  but  not  limited  to:
  frailty, disability level, health and functional  status,  age,  gender,
  the  nature of services provided to such enrollees, and other factors as
  determined by the commissioner in consultation with  the  superintendent
  of  insurance.  The  risk  adjusted  premiums  may also be combined with
  disincentives or requirements designed to  mitigate  any  incentives  to
  obtain higher payment categories.
    9.  Reports.  The  department  shall  provide an interim report to the
  governor, temporary president of the  senate  and  the  speaker  of  the
  assembly on or before April first, two thousand three and a final report
  on or before April first, two thousand six on the results of the managed
  long  term care plans under this section. Such results shall be based on
  data provided by the managed long term care plans and shall include  but
  not  be  limited  to  the  quality, accessibility and appropriateness of
  services; consumer satisfaction; the mean and distribution of impairment
  measures of the enrollees by payor for each plan; the current method  of
  calculating  premiums  and  the  cost of comparable health and long term
  care services provided on a fee-for-service basis for enrollees eligible
  for services under title XIX of the federal social security act; and the
  results of periodic reviews of enrollment  levels  and  practices.  Such
  reports  shall  contain  a  section  prepared  by  the superintendent of
  insurance as to the results of the plans  approved  in  accordance  with
  this  section  concerning the matters regulated by the superintendent of
  insurance. Such reports shall also provide data on the  demographic  and
  clinical   characteristics   of  enrollees,  voluntary  and  involuntary
  disenrollments from plans, utilization of services and shall examine the
  feasibility of increasing the number of plans that may be approved. Data
  collected  pursuant  to this section shall be available to the public in
  an aggregated format  to  protect  individual  confidentiality,  however
  under  no  circumstance  will  data be released on items with cells with
  smaller than statistically acceptable standards.
    10. Managed long term care  advisory  council.  (a)  There  is  hereby
  established  a council to advise the commissioner and the superintendent
  of insurance on issues related to managed long term  care.  The  council
  shall  consist  of  thirteen  members who shall be appointed as follows:
  seven by the governor, one of whom shall serve as the chair; two each by
  the temporary president of the senate and the speaker of  the  assembly;
  and  one  each  by  the  minority  leader of the senate and the minority
  leader of the assembly. The appointees shall be persons knowledgeable in
  the delivery or financing of continuing care services, or shall  have  a
  demonstrated commitment to improving the quality of care to the elderly,
  the  chronically  ill  and  the  disabled,  or  shall be persons who are
  enrolled in a managed long term care  plan  or  demonstration  operating
  under  this section, or their representatives. No fewer than five of the
  thirteen members shall  be  persons  who  are  enrolled  in  a  plan  or
  demonstration operating under this section, or their representatives. In
  addition  to  the  thirteen  appointed  members,  the  commissioner, the
  superintendent of insurance and the director of the office for the aging
  shall serve as non-voting ex-officio members of the advisory council.
    (b) The council shall:
    (i)  review  data  and  reports  provided  by  the  plans  related  to
  demographic   and   clinical   characteristics  of  enrollees,  consumer
  satisfaction and complaints, the number and reasons  for  voluntary  and
  involuntary disenrollments, service utilization and costs as compared to
  fee-for-service;
    (ii)  review  the  managed  long  term care plans' progress on meeting
  enrollment targets and their marketing practices;
    (iii) evaluate the adequacy of plans' efforts to integrate health  and
  long term care services and benefit coordination;
    (iv)  advise  the  commissioner and the superintendent of insurance on
  strategies to increase the private and public/private financing of  such
  plans;
    (v) advise the commissioner and the superintendent of insurance on the
  feasibility  of increasing the caps on enrollment or the number of plans
  that may be approved; and
    (vi)  review  and  comment  on  the  reports  prepared   pursuant   to
  subdivision nine of this section.
    11.  The services provided or arranged by all operating demonstrations
  may include,  but  need  not  be  limited  to,  housing,  inpatient  and
  outpatient hospital services, nursing home care, home health care, adult
  day  care,  assisted living services provided in accordance with article
  forty-six-B of this chapter,  adult  care  facility  services,  enriched
  housing  program  services,  hospice  care, respite care, personal care,
  homemaker services,  diagnostic  laboratory  services,  therapeutic  and
  diagnostic  radiologic  services,  emergency  services,  emergency alarm
  systems, home delivered meals,  physical  adaptations  to  the  client's
  home,  physician  care  (including  consultant  and  referral services),
  ancillary  services,  case  management  services,  transportation,   and
  related medical services.
    * NB Repealed December 31, 2015

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