S T A T E   O F   N E W   Y O R K
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                                 939--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the public health law, in relation to the residential
  care off-site facility demonstration project; and  providing  for  the
  repeal of such provisions upon expiration thereof

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

  Section 1. The public health law is amended by adding  a  new  section
2822 to read as follows:
  S  2822.  RESIDENTIAL CARE OFF-SITE FACILITY DEMONSTRATION PROJECT. 1.
NOTWITHSTANDING ANY LAW TO THE  CONTRARY,  THERE  IS  HEREBY  CREATED  A
DEMONSTRATION  PROGRAM  WITHIN  THE  DEPARTMENT  TO ASSESS REIMBURSEMENT
METHODOLOGIES AND DELIVERY METHODS IN CONJUNCTION WITH THE PROVISION  OF
PHYSICAL,   OCCUPATIONAL,  AND  SPEECH  THERAPY  AND  RELATED  EDUCATION
SERVICES PROVIDED BY LICENSED PROFESSIONALS ACTING WITHIN THEIR SCOPE OF
PRACTICE AND EMPLOYED BY  A  RESIDENTIAL  HEALTH  CARE  FACILITY  AT  AN
OFF-SITE  FACILITY  OPERATED  BY A RESIDENTIAL HEALTH CARE FACILITY.  AS
PART OF THE DEMONSTRATION PROGRAM, A SELECTED PROVIDER SHALL BE  AUTHOR-
IZED TO PROVIDE SUCH THERAPY AND RELATED SERVICES FOR PERSONS IN NEED OF
SUCH CARE.
  2.  THE  DEPARTMENT  MAY  APPROVE UP TO THREE PROVIDERS AS PART OF THE
DEMONSTRATION PROGRAM.
  3. IN ORDER TO BE AN ELIGIBLE PROVIDER AN APPLICANT MUST BE ISSUED  AN
OPERATING  CERTIFICATE  FOR  THE  PROVISION  OF  RESIDENTIAL HEALTH CARE
SERVICES PURSUANT TO THIS ARTICLE WHICH SHALL INCLUDE A  CERTIFICATE  TO
PROVIDE  ON-SITE  OUTPATIENT SERVICES AND DEMONSTRATE THAT THE PROVISION
OF ALL PHYSICAL, OCCUPATIONAL, AND SPEECH THERAPY AND RELATED  EDUCATION
SERVICES  PROVIDED  AT  THE OFF-SITE FACILITY WILL BE IN ACCORDANCE WITH
ALL APPLICABLE SAFETY STANDARDS SET FORTH IN STATE AND LOCAL LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04869-02-9
              

S. 939--A                           2

  4. ANY PROVIDER SELECTED TO PARTICIPATE IN THE  DEMONSTRATION  PROGRAM
SHALL  ANNUALLY  REPORT  TO  THE  DEPARTMENT  ON  THE NUMBER OF PATIENTS
SERVED, THE TYPE OF SERVICES PROVIDED, THE COST OF  SUCH  SERVICES,  THE
SOURCES  OF PAYMENT FOR SUCH SERVICES, SAFETY STANDARDS IN PLACE FOR THE
PROVISIONS  OF  SUCH  SERVICES AND SUCH OTHER INFORMATION AS REQUIRED BY
THE DEPARTMENT TO DEVELOP REIMBURSEMENT METHODOLOGIES AND FEE  SCHEDULES
FOR LIMITED SERVICES AND TO DETERMINE THE EFFECTIVENESS OF THE PROVISION
OF  THERAPY  AND  RELATED SERVICES AT AN OFF-SITE FACILITY OPERATED BY A
RESIDENTIAL HEALTH CARE FACILITY.  DURING THE DEMONSTRATION  PERIOD,  AN
ELIGIBLE  PROVIDER  APPROVED  FOR THE PURPOSES OF THIS SECTION SHALL NOT
HAVE THEIR MEDICAL ASSISTANCE RATES ADJUSTED FOR  ANY  ADDITIONAL  COSTS
RELATED TO SUCH DEMONSTRATION PROJECT.
  S  2. This act shall take effect immediately and shall expire June 30,
2012 when upon such date the provisions of  this  act  shall  be  deemed
repealed.