Andrew Heller
New Member
- Jurisdiction
- New York
Hello,
A new piece of legislation was recently approved that outlines the approval process of a specific type of home care agency.
The wording is as follows:
"Fiscal intermediary" means an entity that provides fiscal intermediary services and has a contract for providing such services with the department of health. Eligible applicants for contracts shall be entities that are capable of appropriately providing fiscal intermediary services, performing the responsibilities of a fiscal intermediary, and complying with this section, including but not limited to entities that:
(A) are a service center for independent living under section one
thousand one hundred twenty-one of the education law; or
(B) have been established as fiscal intermediaries prior to January
first, two thousand twelve and have been continuously providing such
services for eligible individuals under this section.
My question is in regards to the last part 'including but not limited to' A or B.
How should this be interpreted? If an entity wants to become a Fiscal Intermediary, do they have to satisfy requiement A or B.
Or does 'but not limited' mean that even if an aspiring entity does not satisfy A and B there will may be other criteria established for approval?
Any insights would be greatly appreciated!
A new piece of legislation was recently approved that outlines the approval process of a specific type of home care agency.
The wording is as follows:
"Fiscal intermediary" means an entity that provides fiscal intermediary services and has a contract for providing such services with the department of health. Eligible applicants for contracts shall be entities that are capable of appropriately providing fiscal intermediary services, performing the responsibilities of a fiscal intermediary, and complying with this section, including but not limited to entities that:
(A) are a service center for independent living under section one
thousand one hundred twenty-one of the education law; or
(B) have been established as fiscal intermediaries prior to January
first, two thousand twelve and have been continuously providing such
services for eligible individuals under this section.
My question is in regards to the last part 'including but not limited to' A or B.
How should this be interpreted? If an entity wants to become a Fiscal Intermediary, do they have to satisfy requiement A or B.
Or does 'but not limited' mean that even if an aspiring entity does not satisfy A and B there will may be other criteria established for approval?
Any insights would be greatly appreciated!