S T A T E O F N E W Y O R K
________________________________________________________________________
525
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law and the social services law, in
relation to the licensing of home health care agencies and the
reimbursement of such agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 15 of section 3602 of the public health law, as
added by chapter 81 of the laws of 1995, is amended to read as follows:
15. "Limited home care services agency" means a certified operator of
an adult home or an enriched housing program which directly provides[:]
personal care services [authorized and provided in accordance with rules
and regulations of the department of social services] TO RESIDENTS WHO
REQUIRE EITHER SOME OR TOTAL ASSISTANCE WITH ACTIVITIES OF DAILY LIVING;
[and the administration of medications and application of sterile dress-
ings by a registered nurse,] provided, however, that the services ARE
provided [by such agency] AND are not EXCLUSIVELY services that must be
provided to residents of such facilities pursuant to article seven of
the social services law; and [rules and regulations of the department of
social services] THE ADMINISTRATION OF ALL MEDICATIONS, TREATMENTS, AND
APPLICATION OF STERILE DRESSINGS BY AN APPROPRIATELY LICENSED PROFES-
SIONAL UNDER THE SUPERVISION OF A REGISTERED NURSE. Such operator may
provide these services only to residents of the adult home or enriched
housing program governed by the terms of such limited license.
S 2. Subdivisions 9, 10, 11 and 12 of section 3605 of the public
health law, as added by chapter 81 of the laws of 1995, are amended to
read as follows:
9. An entity which seeks approval as a limited home care services
agency must meet the requirements of this section, the rules and regu-
lations of the department, and must be a certified operator of an adult
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01298-01-9
A. 525 2
home or enriched housing program pursuant to article seven of the social
services law. The commissioner shall approve only those applicants [that
the commissioner of the department of social services has] listed as
eligible pursuant to the requirements of paragraph (a) of subdivision
[eleven] TEN of this section. THE COMMISSIONER SHALL ACT ON A COMPLETE
APPLICATION WITHIN NINETY DAYS OF RECEIVING SUCH APPLICATION.
10. [The department shall notify the department of social services of
any action taken against a limited home care services agency pursuant to
section thirty-six hundred five-a of this article.
11.] For purposes of this subdivision, eligibility of limited home
care services agencies licensed by the department shall be as follows:
(a) Only those certified operators of adult homes and enriched housing
programs that provide services that are consistent with the needs of
each resident, meet the standards governing the operation of such facil-
ities in accordance with the provisions of article seven of the social
services law, and provide quality care shall be considered by the
department as eligible for licensure.
(b) An operator that has received current official written notice from
the department [of social services] of any enforcement action pursuant
to section four hundred sixty-d of the social services law shall not be
eligible for such certification.
(c) Such current enforcement action, when resolved to the satisfaction
of the commissioner [of social services], shall not itself preclude an
otherwise eligible applicant from licensure approval but shall be
considered by the department in determining the character, competence,
and standing in the community of the applicant pursuant to subdivision
four of this section.
(d) If [the department receives notice from the department of social
services that] a certified operator of an adult home or enriched housing
program that is licensed as a limited home care services agency has
received official written notice from the department [of social
services] of a proposed enforcement action taken pursuant to section
four hundred sixty-d of the social services law, the department shall
review the delivery of home care services to determine whether such
agency is meeting all applicable regulations and standards.
[12. Notwithstanding any law to the contrary, the commissioner shall
have the authority to limit the number of adult homes and enriched hous-
ing programs eligible for licensure under this section.]
S 3. Subdivisions 1, 2 and 4 of section 367-p of the social services
law, as added by section 105-d of chapter 81 of the laws of 1995, are
amended to read as follows:
1. Notwithstanding any law to the contrary, the commissioner shall,
subject to the approval of the director of the budget, establish rates
of payment for services provided by limited home care services agencies,
licensed by the department of health pursuant to section thirty-six
hundred five of the public health law, to eligible individuals who are
residents of adult homes and enriched housing programs certified by the
department in accordance with article seven of this chapter. Services
for which reimbursement shall be available are personal care services
provided TO RESIDENTS WHO REQUIRE EITHER SOME OR TOTAL ASSISTANCE WITH
ACTIVITIES OF DAILY LIVING directly by the agency and authorized and
provided in accordance with the rules and regulations of the department;
and the administration of medications and application of sterile dress-
ings by a registered nurse provided, however, that the services provided
by such agency are not services that must be provided to residents of
such facilities pursuant to article seven of this chapter.
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2. Notwithstanding any law to the contrary, a limited home care
services agency licensed by the department of health shall be reimbursed
at a rate [that is significantly less than the current costs of provid-
ing such services through a personal care provider or certified home
health agency in the same service area] REASONABLY RELATED TO THE COST
OF EFFICIENTLY PROVIDING THE SERVICE TRENDED FORWARD USING THE METHODOL-
OGY DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION TEN OF SECTION
TWENTY-EIGHT HUNDRED SEVEN-C OF THE PUBLIC HEALTH LAW.
4. Prior to authorizing payment for services provided to an eligible
individual by a limited home care services agency, the appropriate
social services district must determine that the service proposed to be
provided by such agency is cost-effective in comparison to other avail-
able and appropriate service delivery options available in the district.
IF AUTHORIZED, REIMBURSEMENT FOR SUCH SERVICES SHALL BE RETROACTIVE TO
THE DATE WHEN CARE WAS BEGUN AND THE LIMITED HOME CARE SERVICES AGENCY
APPLIED FOR APPROVAL OF SUCH CARE.
S 4. This act shall take effect immediately; provided, however, that
the amendments to subdivision 15 of section 3602 of the public health
law made by section one of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith; and provided,
further, however that the amendments to subdivisions 9, 10, 11 and 12 of
section 3605 of the public health law made by section two of this act
shall not affect the expiration of such subdivisions and shall be deemed
to expire therewith; and provided, further, however that the amendments
to subdivisions 1, 2 and 4 of section 367-p of the social services law
made by section three of this act shall not affect the expiration of
such section and shall be deemed to expire therewith.