New York Senator John Mannion, the Chairman of Committee on
Disabilities, has introduced a bill to repeal and replace the CDPAP RFO with
a registration process for all fiscal intermediaries that are operating as of
April 1, 2022. The proposed bill, if passed, would allow fiscal intermediaries
that did not receive a RFO award to continue operating. Instead of
complying with the RFO results, all fiscal intermediaries would instead be
required to comply with the new requirements that have been proposed.
Some of these new requirements in the Mannion bill include:

  1. All fiscal intermediaries would have to register with the Department of
    Health (“DOH”) prior to providing fiscal intermediary services. The
    DOH would not deny registration to an existing fiscal intermediary in
    good standing as of April 1, 2022.
  2. A registration would be effective for 5 years.
  3.  The fiscal intermediary would need to pay a registration fee that will
    not exceed $5,000.
  4.  A fiscal intermediary applying for an initial registration would require
    the applicant to attest to various items, including that the applicant is
    able to “appropriately” serve consumers, and can demonstrate
    compliance with all applicable laws. In addition, the fiscal intermediary
    would have to establish several of the factors that were used in the
    RFO, such as the ability to maintain a local presence and maintain and
    review a disaster preparedness and emergency plan, have an effective
    organizational structure with qualified administrative staff, ensure
    appropriate cultural and linguistic competencies to serve consumers
    and personal assistants, and maintain written policies and procedures.
  5.  The Commissioner would have the right to impose penalties on any
    fiscal intermediary that fails to comply with the registration
    requirements and terminate the registration of any fiscal intermediary
    that the Commissioner finds is endangering the welfare of the public.
  6. Registered fiscal intermediaries would be required to submit a cost
    report and a report listing quality measures and other data, including
    the number of timely processed payroll cycles, the number of accurate
    paychecks, the number of days to onboard a personal assistant, the
    total number of referrals made each month by a MCO or a LDSS,
    information related to social determinants of health, cultural or racial
    disparities or related information, and information about complaints
    filed with the fiscal intermediary or against the fiscal intermediary.
  7. The fiscal intermediary would be required to comply with various data
    privacy and security laws and report annually the direct care and
    administrative costs of personal assistant services.

We will keep you posted about the progression of this bill as the budget
season moves to conclusion by April 1, 2022. In the meantime, clients who
have questions about the implications of this proposal on their RFO award
or their status as a non-RFO recipient are welcome to reach out to us.

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