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

                                  1804

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  -- Multi-Sponsored by -- M. of A.
  JAFFEE -- read once and referred to  the  Committee  on  Corporations,
  Authorities and Commissions

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.

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

A. 1804                             2
              

  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:
  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.