S T A T E   O F   N E W   Y O R K
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                                  4430

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health

AN ACT to amend the public health law and the public authorities law, in
  relation to cost allowances  for  strategic  capital  investments  for
  technology infrastructure of certain home health care programs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3614 of the public health law is amended by  adding
a new subdivision 3-b to read as follows:
  3-B.  STRATEGIC  CAPITAL  INVESTMENT  ALLOWANCES.  (A) FOR ANNUAL RATE
PERIODS ON AND AFTER JANUARY FIRST, TWO THOUSAND TEN, IN DETERMINING THE
PROPOSED RATE SCHEDULES FOR PAYMENTS FOR CERTIFIED  HOME  HEALTH  AGENCY
SERVICES  OR SERVICES PROVIDED BY LONG TERM HOME HEALTH CARE PROGRAMS OR
AIDS HOME CARE PROGRAMS, THE COMMISSIONER SHALL INCLUDE IN SUCH RATES AN
ALLOWANCE FOR COSTS INCURRED FOR STRATEGIC CAPITAL INVESTMENTS  BY  SUCH
AGENCIES  AND  PROGRAMS  IN  INFORMATION  TECHNOLOGY, ELECTRONIC MEDICAL
RECORDS, DISEASE MANAGEMENT TECHNOLOGY, MEDICATION MANAGEMENT TECHNOLOGY
AND OTHER INVESTMENTS RELATED TO THEIR  TECHNOLOGY  INFRASTRUCTURE.  THE
PURPOSE  OF  SUCH  ALLOWANCE  SHALL  BE  TO IMPROVE THE QUALITY OF CARE,
IMPROVE THE COST-EFFECTIVE OPERATION OF SUCH AGENCIES AND  PROGRAMS  AND
FACILITATE THE FULFILLMENT OF THE STATE'S HEALTH CARE GOALS. SUCH ALLOW-
ANCE SHALL BE FACTORED IN AS A COMPONENT OF THE RATE SCHEDULE AFTER, AND
SHALL NOT BE SUBJECT TO, THE APPLICATION OF ANY ADJUSTMENTS, CEILINGS OR
LIMITATIONS ON SUCH RATE SCHEDULES.
  (B)  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF LAW OR REGULATION,
THE ALLOWANCES PROVIDED FOR IN PARAGRAPH (A) OF THIS  SUBDIVISION  SHALL
BE  SUBJECT  TO  AMOUNTS  AS  MAY  BE ALLOCATED OR APPROPRIATED FOR SUCH
PURPOSES.
  S 2. The opening paragraph of section 1680-j of the public authorities
law, as amended by section 54 of part B of chapter 58  of  the  laws  of
2005, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00401-01-9
              

S. 4430                             2

  Notwithstanding any other provision of law to the contrary, the dormi-
tory  authority  of  the state of New York is hereby authorized to issue
bonds or notes in one or more series in an  aggregate  principal  amount
not to exceed seven hundred fifty million dollars excluding bonds issued
to fund one or more debt service reserve funds, to pay costs of issuance
of  such  bonds,  and bonds or notes issued to refund or otherwise repay
such bonds or notes previously issued, for  the  purposes  of  financing
project  costs authorized under section twenty-eight hundred eighteen of
the public health law. Of such seven hundred fifty million dollars,  ten
million  dollars shall be made available to the community health centers
capital program established pursuant  to  section  twenty-eight  hundred
seventeen  of  the public health law, AND FIFTY MILLION DOLLARS SHALL BE
MADE AVAILABLE TO CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME  HEALTH
CARE  PROGRAMS AND AIDS HOME CARE PROGRAMS FOR STRATEGIC CAPITAL INVEST-
MENTS PURSUANT TO SUBDIVISION  THREE-B  OF  SECTION  THIRTY-SIX  HUNDRED
FOURTEEN OF THE PUBLIC HEALTH LAW.
  S  3. This act shall take effect on the first of April next succeeding
that date on which it shall have become law.