NYS Legislation Relating to the CDPAP Statewide Fiscal Intermediary

The Situation Report | May 19, 2025

NYS Legislative Leaders Signal a Desire to Adjust the Recently Adopted Single Statewide Fiscal Intermediary System

As HCANYS reported earlier, there was no modification to the CDPAP Statewide Fiscal Intermediary (SFI) system in the enacted State Budget. However, shortly after the adoption of the budget, certain state legislative leaders indicated that they are still very much looking at the CDPAP/SFI issue.

At this time, there are two different proposals that are active in the NYS Legislature that make changes to the SFI process. An overview of the bills is below. The first bill was originally introduced last September and reintroduced again in 2025, proposing to completely replace the 2024 statewide FI budget deal; the second bill was introduced just last week, seeking to amend the 2024 program. Given the lack of CDPAP action in the state budget, it is unclear what changes would now be possible outside of the state fiscal plan, but stay tuned.

S.1189 (Rivera) / A.2735 (Stirpe) – On Agenda for Senate Health Committee May 20, 2025:

- The bill is currently in the Senate and Assembly Health Committees. In the Senate, the bill is on the agenda for the next Senate Health Committee meeting which is scheduled for May 20, 2025. If the Senate Health Committee votes to advance the bill, it will then be referred to the Senate Finance Committee for further consideration. The bill is not on the agenda for the May 19, 2025 meeting of the Assembly Health Committee.

- This legislation is sponsored by Senator Gustavo Rivera (Chair of the Senate Health Committee) and Assemblyman Al Stirpe (Chair of the Assembly Economic Development & Commerce Committee).

- In general, this bill would repeal the provisions of law relating to the single SFI and replace it with a state licensure requirement for FI’s operating in the state. The bill proposes a one-time licensure fee of $10,000. The bill would also impose additional training, reporting, and compliance obligations for FIs.

- This legislation was first introduced in September 2024 and then re-introduced in January 2025. In the Senate, 54 Senators (out of a total of 63) sponsor the bill. In the Assembly, 39 Assembly Members (out of a total of 150) sponsor the bill. There is support from both Democrats and Republicans and in both the Upstate and Downstate regions.

S.7954 (Rivera) / A.8355 (Paulin):

- This legislation is sponsored by Senator Gustavo Rivera (Chair of the Senate Health Committee) and Assembly Member Amy Paulin (Chair of the Assembly Health Committee).

- Although there may be different views on bill interpretation, in general, it appears that this bill would keep the current SFI in place but also authorize additional entities to serve as FIs in NYS. These additional entities would include (a) certain independent living centers, and (b) subcontractors to the current SFI. The bill indicates that the additional FI’s will have the same “status” as the SFI, but it is not clear if this means that the additional FI’s will also have the same powers, rights, duties, and obligations as the SFI. Further, the bill also indicates that the additional FI’s would be required to provide FI services with cultural/linguistic competency and also comply with a registration requirement.

- This legislative bill was first introduced very recently on May 13, 2025. In the Senate, the bill currently has 6 sponsors and appears to be picking up additional sponsors daily. In the Assembly, the bill currently has 10 sponsors and appears to be gaining support as well. Support for the legislation is bi-partisan and includes Upstate and Downstate sponsors.

- At the time of this writing, the bill is not on a committee agenda in either the Senate or Assembly.

The state legislative session is scheduled to conclude on June 12, 2025; however, the Assembly has indicated that it may stay in session until June 17, 2025. Although this represents a lot of calendar days until the session adjourns, it is actually only 14 legislative session days on which the Legislature will be taking up business (16 days if the extra Assembly days are included).

As developments continue throughout the remainder of the legislative session, please stay tuned to HCANYS for the latest news and information on this issue.