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.