Resolutions by Standing Committee
2012 Legislative Conference Resolutions
2012 NYSAC Legislative Conference
Standing Committee on Children with Special Needs
Resolution #1
RESOLUTION APPLAUDING THE GOVERNOR FOR HIS REFORM AND OVERHAUL OF THE EARLY INTERVENTION PROGRAM IN HIS 2012-13 EXECUTIVE BUDGET PROPOSAL SO THAT IT IS ACCOUNTABLE TO THE CHILDREN IT SERVES AND TO THE TAXPAYERS OF THE STATE WHO FUND IT, AND URGING THE STATE LEGISLATURE TO ADOPT THE PROPOSAL.
WHEREAS, the Early Intervention program in New York State is in need of comprehensive reform and overhaul in order to address the dramatic increase in county administrative duties, as well as the number of recipients and costs per child, since the program’s inception in 1993; and
WHEREAS, the State has shifted more fiscal responsibility to county taxpayers while reducing State responsibility by requiring counties to fund 51 percent of the program, costing county taxpayers $185 million in 2010; and
WHEREAS, counties are required to pay 100 percent of the cost of Early Intervention services in the first instance, which by statute cannot be claimed, at the earliest, until nine months into the current state fiscal year and those claims frequently remain unreimbursed for more than one year; and
WHEREAS, State law requires this program to be administered in the most cost effective manner possible by including a requirement that counties bill private insurance for eligible Early Intervention services before seeking any other reimbursement; and
WHEREAS, the most recent data available shows nearly $100 million was billed to commercial insurers and only $10.6 million was recouped, the same 14 percent collection rate as in 2000; and
WHEREAS, these collection rates barely cover the cost of the commercial insurance billing functions, however, when the cost of services and billing are considered together, the return is thirteen cents for every one dollar spent by counties overall; and
WHEREAS, at an aggregate cost of $185 million to counties statewide, Early Intervention services is one of nine major State mandates that consume 90 percent of the county property tax levy statewide; and
WHEREAS, Governor Cuomo and the State Legislature have enacted a 2 percent property tax cap, which is further exacerbating local budget pressures as additional costs are shifted from the state to counties; and
WHEREAS, NYSAC applauds the Governor for proposing in his 2012-13 Executive Budget to remove the 2 percent Medicaid reduction for the Early Intervention Program; and
WHEREAS, the New York State Association of Counties (NYSAC) applauds the Governor and State Legislature for adopting Chapter 406 of the Laws of 2011; and
WHEREAS, Chapter 406 of the Laws of 2011 requires that certain information be provided in connection with claims for Early Intervention services and also provides the time period within which claims must be submitted in order to assist counties seeking reimbursement for Early Intervention services from insurance companies; and
WHEREAS, at the end of the 2011 county fiscal year, and four and one-half months after Chapter 406 of Laws of 2011 took effect, there is no evidence that this law is being implemented and enforced as intended as counties are still unable to collect any additional payments from third party insurance companies for Early Intervention Services; and
WHEREAS, New York State has not provided counties with any State regulations or letter of guidance regarding how counties can now collect payments from third party insurance companies for Early Intervention Services; and
WHEREAS, absent any additional regulations or guidance to enforce Chapter 406 of the Laws of 2011, the State has a responsibility to the infants and toddlers receiving these services, as well as the property taxpayers who are financing the largest share of the program, to ensure that these claims are paid as appropriate; and
WHEREAS, NYSAC believes and maintains that all Early Intervention services for children with special needs, including but not limited to those with the Autism Spectrum Disorder, should be covered appropriately by commercial health insurers and that this is not a 100 percent taxpayer funded responsibility; and
WHEREAS, it is essential that that New York State Department of Health continues to make certain that there is adequate and sufficient capacity to ensure that Early Intervention services are not negatively impacted due to regional concerns; and
NOW, THEREFORE, BE IT RESOLVED, that NYSAC urges the State Legislature to join the Governor to ensure counties’ commercial insurance claims for all Early Intervention services are maximized; and
BE IT FURTHER RESOLVED, that the New York State Department of Financial Services and Banking, and the New York State Department of Health, be responsible for enforcement of payments as stated in law; and
BE IT FURTHER RESOLVED, that NYSAC shall forward copies of this resolution to Governor Andrew M. Cuomo, the New York State Legislature, the New York State Department of Health, the New York State Department of Financial Services, and all others deemed necessary and proper.