New York Laws
Title 11 - Medical Assistance for Needy Persons
365-N - Department of Health Assumption of Program Administration.

(b) Notwithstanding the provisions of sections one hundred twelve and
one hundred sixty-three of the state finance law, or section one hundred
forty-two of the economic development law, or any contrary provision of
law, the commissioner is authorized to enter into a contract or
contracts under paragraph (a) of this subdivision without a competitive
bid or request for proposal process, provided, however, that:
(i) The department of health shall post on its website, for a period
of no less than thirty days:
(1) A description of the proposed services to be provided pursuant to
the contract or contracts;
(2) The criteria for selection of a contractor or contractors;
(3) The period of time during which a prospective contractor may seek
selection, which shall be no less than thirty days after such
information is first posted on the website; and
(4) The manner by which a prospective contractor may seek such
selection, which may include submission by electronic means;
(ii) All reasonable and responsive submissions that are received from
prospective contractors in timely fashion shall be reviewed by the
commissioner; and
(iii) The commissioner shall select such contractor or contractors
that, in his or her discretion, are best suited to serve the purposes of
this section; and
(iv) No contract entered pursuant to this paragraph shall have a term
that ends later than March thirty-first, two thousand seventeen.
6. The commissioner shall submit an annual report to the governor,
temporary president of the senate, speaker of the assembly, the chair of
the senate health committee and the chair of the assembly health
committee by December thirty-first, beginning in two thousand twelve and
for each year thereafter until the year following full implementation.
The initial report shall consist of modifications to the plan developed
pursuant to section forty-seven-b of part B of chapter fifty-eight of
the laws of two thousand ten, and shall include anticipated
implementation of the revised plan, its elements, a timeline for such
implementation, recommendations for legislative action, and such other
matters as may be pertinent.
The report shall include a plan and timeline for the state to:
(i) assume specific functions related to the administration of the
medical assistance program; (ii) coordinate the implementation of
provisions of federal law with the assumption of the administration of
the medical assistance program; and (iii) address the financing of the
medical assistance program administration and any associated
administrative cost relief to local social services districts. The
report shall also indicate any function that the state intends to enter
into a contract with a public and/or private entity to perform, and the
date in which the state anticipates entering into any such contract. In
addition, reports shall, at a minimum, indicate: (i) any progress the
department has made regarding its proposed timeline, including a summary
of all functions assumed by the state during the previous year; (ii) any
anticipated and/or actual delay from the proposed timeline; (iii) the

reason for any such delay; and (iv) actions the department has
undertaken to mitigate any such delay.
7. The commissioner shall promulgate such regulations that are
necessary to carry out the provisions of this section. In addition, the
commissioner shall make any amendments to the state plan for medical
assistance, or develop and submit an application for any waiver or
approval under the federal social security act, that are necessary and
required to carry out the provisions of this section.

Structure New York Laws