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Including but not limited to

Discussion in 'Consumer Law, Contracts, Warranties' started by Andrew Heller, Apr 3, 2019.

  1. Andrew Heller

    Andrew Heller Law Topic Starter New Member

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    New York

    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!
  2. zddoodah

    zddoodah Well-Known Member

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    The "but not limited to" language means that an entity could, in theory, be an "eligible applicant" without being an entity described in A or B. How this will play out in practice is anyone's guess.
    Andrew Heller likes this.
  3. army judge

    army judge Super Moderator

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    If you're inquiring because you are in such a business, or plan to open such a business, you should retain a business attorney to address all of your business' concerns and issues.

    On the other hand, if you're inquiring because you're a concerned citizen, you might first contact your state elected representative, state senator, your governor, or Lt. Governor, or any other state official for guidance and instruction about the law.

    Another great resource could be your state Attorney General's Office.

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