NYS Assembly Introduces Legislation Regarding the Fiscal Intermediary RFO

Last night, New York Assemblymember Gottfried, the Chair of the Health Committee, proposed legislation that would change the CDPAP authorization process. The proposed legislation is available HERE.

Assemblymember Gottfried proposes that RFO non-winning fiscal intermediaries that were operational as of January 1, 2020, would be allowed to continue operating until April 1, 2022. Such non-winning fiscal intermediaries would also be allowed to re-apply to the Department of Health under a new RFO process, to be released by the Department. In making decisions on applications submitted pursuant to the new RFO, the Department would be required to consider specific criteria, which seems very similar to the current RFO criteria.  In denying any application in this RFO “round two,” the Department would be required to articulate in detail the basis of its denial. Such a requirement could make it more difficult for the Department to deny an application submitted in this second round of RFOs.  For fiscal intermediaries that were successful in the RFO, the Comptroller approval and certification process would proceed, irrespective of the second RFO.

Assemblymember Gottfried’s proposal is just that at this time, a proposal.  In a legislative season like no other, it is not clear if this proposal will become a law.

If you have any questions regarding this proposal or the RFO generally, please do not hesitate to reach out to any member of our home care team that you regularly work with.