S T A T E O F N E W Y O R K
________________________________________________________________________
7521
I N S E N A T E
April 19, 2010
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the social services law, in relation to chronic kidney
disease pilot projects
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding a new section
364-n to read as follows:
S 364-N. CHRONIC KIDNEY DISEASE PILOT PROJECT. 1. TO THE EXTENT OF
FUNDS APPROPRIATED FOR THIS PURPOSE, THE COMMISSIONER OF HEALTH IS
AUTHORIZED TO FUND A PILOT PROJECT FOR ONE YEAR IN ONE COUNTY IN NEW
YORK STATE THAT:
(A) INCREASES PUBLIC AND MEDICAL COMMUNITY AWARENESS (PARTICULARLY OF
THOSE WHO TREAT PATIENTS WITH DIABETES AND HYPERTENSION) REGARDING
CHRONIC KIDNEY DISEASE, FOCUSING ON PREVENTION;
(B) INCREASES SCREENING FOR CHRONIC KIDNEY DISEASE, FOCUSING ON MEDI-
CAID BENEFICIARIES AT RISK OF CHRONIC KIDNEY DISEASE; AND
(C) ENHANCES SURVEILLANCE SYSTEMS TO BETTER ASSESS THE PREVALENCE AND
INCIDENCE OF CHRONIC KIDNEY DISEASE.
2. THE PILOT PROJECT ESTABLISHED PURSUANT TO THIS SECTION SHALL
PROVIDE KIDNEY DISEASE EDUCATION SERVICES THAT ARE:
(A) FURNISHED TO AN INDIVIDUAL WITH STAGE IV CHRONIC KIDNEY DISEASE
WHO, ACCORDING TO ACCEPTED CLINICAL GUIDELINES IDENTIFIED BY THE COMMIS-
SIONER OF HEALTH, WILL REQUIRE DIALYSIS OR A KIDNEY TRANSPLANT;
(B) FURNISHED, UPON REFERRAL OF THE PHYSICIAN MANAGING THE INDIVID-
UAL'S KIDNEY CONDITION, BY A LICENSED PHYSICIAN, PHYSICIAN ASSISTANT,
REGISTERED PROFESSIONAL NURSE, NURSE PRACTITIONER OR RURAL HEALTH CARE
PROVIDER; AND
(C) DESIGNED TO:
(I) PROVIDE COMPREHENSIVE INFORMATION REGARDING THE MANAGEMENT OF
COMORBIDITIES, INCLUDING THE PURPOSES OF DELAYING THE NEED FOR DIALYSIS,
THE PREVENTION OF UREMIC COMPLICATIONS AND EACH OPTION FOR RENAL
REPLACEMENT THERAPY, INCLUDING HEMODIALYSIS AND PERITONEAL DIALYSIS AT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16624-02-0
S. 7521 2
HOME AND IN-CENTER AS WELL AS VASCULAR ACCESS OPTIONS AND TRANSPLANTA-
TION;
(II) ENSURE THAT THE INDIVIDUAL HAS THE OPPORTUNITY TO ACTIVELY
PARTICIPATE IN THE CHOICE OF THERAPY; AND
(III) BE TAILORED TO MEET THE NEEDS OF THE INDIVIDUAL INVOLVED.
3. NO INDIVIDUAL SHALL BE FURNISHED MORE THAN SIX SESSIONS OF KIDNEY
DISEASE EDUCATION SERVICES.
4. THE COMMISSIONER OF HEALTH SHALL SET STANDARDS FOR THE CONTENT OF
SUCH INFORMATION TO BE PROVIDED AFTER CONSULTING WITH PHYSICIANS, OTHER
HEALTH PROFESSIONALS, HEALTH EDUCATORS, PROFESSIONAL ORGANIZATIONS,
ACCREDITING ORGANIZATIONS, KIDNEY PATIENT ORGANIZATIONS, DIALYSIS FACIL-
ITIES, TRANSPLANT CENTERS, NETWORK ORGANIZATIONS, AND OTHER KNOWLEDGE-
ABLE PERSONS, BUT, TO THE EXTENT POSSIBLE, SUCH STANDARDS SHALL BE
CONTENT NEUTRAL.
5. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING ANY MEDI-
CAID BENEFICIARY TO PARTICIPATE IN A PILOT PROJECT ESTABLISHED PURSUANT
TO THIS SECTION; PARTICIPATION SHALL BE VOLUNTARY. PARTICIPATION IN A
PILOT PROJECT PURSUANT TO THIS SECTION SHALL NOT DIMINISH OR IMPAIR THE
SERVICES TO WHICH A PARTICIPANT IS OTHERWISE ENTITLED UNDER THIS CHAP-
TER.
6. THIS SECTION SHALL NOT APPLY UNLESS ALL NECESSARY APPROVALS UNDER
FEDERAL LAW AND REGULATION HAVE BEEN OBTAINED TO RECEIVE FEDERAL FINAN-
CIAL PARTICIPATION IN THE COSTS OF HEALTH CARE SERVICES PROVIDED PURSU-
ANT TO THIS SECTION. THE COMMISSIONER OF HEALTH IS AUTHORIZED TO SUBMIT
ONE OR MORE APPLICATIONS FOR WAIVERS OF THE FEDERAL SOCIAL SECURITY ACT
AS MAY BE NECESSARY TO OBTAIN SUCH FEDERAL FINANCIAL PARTICIPATION.
7. THE COMMISSIONER OF HEALTH SHALL PROVIDE A REPORT TO THE GOVERNOR
AND THE LEGISLATURE NO LATER THAN JANUARY FIRST, TWO THOUSAND TWELVE.
THE REPORT SHALL INCLUDE FINDINGS AS TO THE PILOT PROJECT'S EFFECTIVE-
NESS IN MEETING THE GOALS SET FORTH IN SUBDIVISION ONE OF THIS SECTION
AND RECOMMENDATIONS AS TO WHETHER THE PILOT PROJECT SHOULD BE EXTENDED,
EXPANDED, MODIFIED, ELIMINATED, OR MADE PERMANENT.
S 2. This act shall take effect immediately.