S T A T E   O F   N E W   Y O R K
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                                  11591

                          I N  A S S E M B L Y

                              June 29, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. V. Lopez) --
  read once and referred to the Committee on Health

AN  ACT  to  amend  the public health law, in relation to certified home
  health agencies

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

  Section  1. Section 3608 of the public health law is amended by adding
a new subdivision 7 to read as follows:
  7. A CERTIFIED HOME HEALTH AGENCY IN OPERATION  AS  OF  THE  EFFECTIVE
DATE  OF  THIS  SUBDIVISION  AND ISSUED A CERTIFICATE OF APPROVAL BY THE
COMMISSIONER FOR THE PURPOSE OF SERVING INDIVIDUALS ELIGIBLE FOR CARE IN
A FACILITY OR PROGRAM LICENSED BY THE OFFICE OF  MENTAL  HEALTH  OR  THE
OFFICE  OF  MENTAL  RETARDATION  AND  DEVELOPMENTAL DISABILITIES OR AS A
SPECIAL PILOT PROGRAM HOME HEALTH AGENCY IS AUTHORIZED BY VIRTUE OF SUCH
CERTIFICATE TO ENROLL ANY PATIENT DETERMINED TO REQUIRE  CERTIFIED  HOME
HEALTH   AGENCY  SERVICES;  PROVIDED,  HOWEVER,  THAT  SUCH  AGENCY  (A)
POSSESSES DEMONSTRATED CLINICAL EXPERTISE IN THE TREATMENT OF THE  POPU-
LATION  SPECIFIED  IN  ITS  CERTIFICATE  OF  APPROVAL,  (B) CONTINUES TO
MARKET, ACCEPT FOR ENROLLMENT AND TREAT MEMBERS OF SUCH POPULATION,  AND
(C) ENTERS INTO AN AGREEMENT WITH THE COMMISSIONER THAT DURING THE PERI-
OD JANUARY FIRST, TWO THOUSAND ELEVEN THROUGH DECEMBER THIRTY-FIRST, TWO
THOUSAND  ELEVEN AND FOR EACH CALENDAR YEAR PERIOD COMMENCING ON JANUARY
FIRST THEREAFTER, RATES OF PAYMENT BY GOVERNMENTAL AGENCIES  ESTABLISHED
BY THE COMMISSIONER IN ACCORDANCE WITH THE RATE-SETTING METHODOLOGY THEN
IN  EFFECT FOR SERVICES BY SUCH CERTIFIED HOME HEALTH AGENCY TO INDIVID-
UALS ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO TITLE ELEVEN OF ARTICLE
FIVE OF THE SOCIAL SERVICES LAW SHALL NOT EXCEED  THE  AVERAGE  OF  SUCH
RATES  OF  PAYMENT  FOR CERTIFIED HOME HEALTH AGENCIES CLASSIFIED IN THE
DOWNSTATE REGION, AS DEFINED  BY  REGULATIONS  PROMULGATED  PURSUANT  TO
SECTION  THIRTY-SIX  HUNDRED  TWELVE OF THIS ARTICLE OR SUCCESSOR LEGIS-
LATION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17908-01-0