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

                                  2906

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of A. KOON -- Multi-Sponsored by -- M. of A. JOHN --
  read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to creating the  home
  health  care  aide  retention  program  in Monroe county; and to amend
  chapter 884 of the laws of 1990 amending the public health law  relat-
  ing to authorizing bad debt and charity care allowances for diagnostic
  and  treatment centers and certified home health agencies, in relation
  to extending the expiration of certain provisions thereof

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "home health care aide retention program".
  S 2. The public health law is amended by adding a new  section  3607-a
to read as follows:
  S 3607-A. HOME HEALTH CARE AIDE RETENTION PROGRAM. 1. THE COMMISSIONER
IS  HEREBY  AUTHORIZED  AND  DIRECTED  TO  ESTABLISH  A PILOT PROGRAM TO
ENCOURAGE THE RETENTION OF HOME HEALTH AIDES IN  THE  HOME  HEALTH  CARE
FIELD  BY  PROVIDING THIRTY SUCCESSFUL CANDIDATES WITH AN OPPORTUNITY TO
EARN THEIR LICENSED PRACTICAL NURSING LICENSE, AS  PROVIDED  IN  SECTION
SIXTY-NINE  HUNDRED  SIX  OF THE EDUCATION LAW. SUCH PILOT PROGRAM SHALL
CONSIST OF A SCHOLARSHIP AND  STIPEND  FOR  TWO  CONSECUTIVE  GROUPS  OF
FIFTEEN SELECTED CANDIDATES. EACH SUCCESSFUL CANDIDATE WILL BE AWARDED A
SCHOLARSHIP  EQUAL  TO  THE COST OF AN IN-STATE RESIDENT'S TUITION AT AN
ACCREDITED, LICENSED PRACTICAL NURSING PROGRAM LASTING  NO  LONGER  THAN
EIGHTEEN MONTHS IN DURATION.  SUCH CANDIDATE SHALL ALSO WORK TWENTY-FOUR
HOURS PER WEEK FOR A LOCAL HOME HEALTH CARE AGENCY AS A HOME HEALTH CARE
AIDE AND RECEIVE A STIPEND EQUAL TO AN ADDITIONAL SIXTEEN HOURS PER WEEK
OF  WORK  DURING PARTICIPATION IN THE LICENSED PRACTICAL NURSING PROGRAM
SESSION, LASTING NO LONGER THAN EIGHTEEN MONTHS IN DURATION.
  2. THE COMMISSIONER, IN CONSULTATION WITH THE BOARD OF REGENTS OF  THE
STATE  UNIVERSITY  OF NEW YORK AND THE ADVISORY GROUP ESTABLISHED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02339-01-9
              

A. 2906                             2

MONROE COUNTY HEALTH SYSTEMS AGENCY, AS PROVIDED IN SUBDIVISION  SIX  OF
SECTION  THIRTY-SIX  HUNDRED  FIFTEEN  OF THIS ARTICLE, SHALL DEVELOP AN
APPLICATION FORM AND A PROCESS FOR ATTRACTING  AND  CHOOSING  CANDIDATES
FOR THE PROGRAM THROUGH LOCAL AND REGIONAL HOME HEALTH CARE AGENCIES. IN
AWARDING  GRANTS UNDER THIS SECTION, A PRIORITY SHALL BE GIVEN TO CANDI-
DATES WHO HAVE DEMONSTRATED EXPERIENCE, INTEREST AND ABILITY IN THE HOME
HEALTH CARE FIELD ESPECIALLY, AS A HOME HEALTH CARE AIDE.
  3.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS-
SIONER SHALL DESIGNATE A CERTIFIED HOME HEALTH  CARE  AGENCY  IN  MONROE
COUNTY  TO  ADMINISTER  THE STIPENDS, MENTOR THE CANDIDATES, AND OVERSEE
THE PILOT PROGRAM ONCE THE CANDIDATES ARE SELECTED AND ENROLLED  IN  THE
PROGRAM.   THE PILOT PROGRAM SHALL CONTINUE FOR TWO CONSECUTIVE LICENSED
PRACTICAL NURSING PROGRAM SESSIONS, EACH LASTING NO MORE  THAN  EIGHTEEN
MONTHS  IN DURATION, WITH A MAXIMUM OF FIFTEEN CANDIDATES PER CLASS. THE
MONROE COUNTY AGENCY SHALL REPORT TO THE COMMISSIONER AT A FREQUENCY  TO
BE  DETERMINED  BY  THE  COMMISSIONER. WITHIN THREE MONTHS AFTER CERTIF-
ICATION OF THE FIRST CLASS OF FIFTEEN CANDIDATES, AND AGAIN WITHIN THREE
MONTHS AFTER THE CERTIFICATION OF THE SECOND  CLASS  OF  FIFTEEN  CANDI-
DATES,  THE  COMMISSIONER SHALL REPORT TO THE GOVERNOR, AND THE LEGISLA-
TURE WITH A CRITICAL EVALUATION OF THE PILOT PROGRAM AND RECOMMENDATIONS
FOR CONTINUATION, CHANGES OR IMPROVEMENT.
  4. FUNDS FOR SUCH PILOT PROGRAM SHALL  BE  ALLOCATED  FROM  THE  STATE
FUNDS  AVAILABLE  TO  EACH  HEALTH  SYSTEM AGENCY REGION, AS PROVIDED IN
SECTION THIRTY-SIX HUNDRED FIFTEEN OF THIS ARTICLE, IN DIRECT PROPORTION
TO THE NUMBER OF SUCCESSFUL CANDIDATES CHOSEN.  IN ADDITION, THE  CERTI-
FIED  HOME HEALTH CARE AGENCY DESIGNATED BY THE COMMISSIONER AS PROVIDED
IN SUBDIVISION THREE OF THIS SECTION SHALL BE AWARDED REIMBURSEMENT  FOR
APPROPRIATE  ADMINISTRATIVE COSTS AS DEEMED NECESSARY BY THE COMMISSION-
ER.
  S 3. Section 3615 of the public health law, as amended by chapter  884
of the laws of 1990, is amended to read as follows:
  S  3615.  State  aid to certified home health agencies AND HOME HEALTH
CARE AIDE RETENTION PROGRAM.  1. State aid shall be provided  to  certi-
fied  home  health  agencies  OR  TO THE HOME HEALTH CARE AIDE RETENTION
PROGRAM, AS PROVIDED IN SECTION THIRTY-SIX HUNDRED SEVEN-A OF THIS ARTI-
CLE, to assist in developing and ensuring their capacity to meet  commu-
nity  need.  Funds  for such aid shall be made available each year in an
amount equal to twenty-five cents per capita of  the  population  within
each  health  systems  agency region, as established pursuant to article
twenty-nine of this chapter, or two hundred thousand dollars,  whichever
is  greater.  Two million five hundred thousand dollars shall be for the
state's share of payments  provided  pursuant  to  subdivision  five  of
section  thirty-six  hundred  fourteen  of  this  article. The remaining
amount shall be for  purposes  of  providing  grants  pursuant  to  this
section  and  sections  thirty-six  hundred seven and thirty-six hundred
nine of this article.
  2. For purposes of funding  grants  pursuant  to  sections  thirty-six
hundred  seven  and  thirty-six  hundred nine of this article and grants
pursuant to this section, the commissioner shall allocate the proportion
of funds among the health systems agency regions using the last  preced-
ing federal census or other census data approved by the comptroller.
  3.  Such  annual  funds allocated to each health systems agency region
shall be made available for grants to applicants within each such region
which are determined eligible and approved by the commissioner  pursuant
to the provisions of this section and sections thirty-six hundred seven,
THIRTY-SIX HUNDRED SEVEN-A and thirty-six hundred nine of this article.

A. 2906                             3

  4.  [In]  EXCEPT  AS PROVIDED IN SECTION THIRTY-SIX HUNDRED SEVEN-A OF
THIS ARTICLE, IN order to be considered eligible for receipt of a  grant
pursuant to this section, a certified home health agency shall submit an
application  to  the  department. Such application shall demonstrate, to
the satisfaction of the commissioner, that the agency:
  (a)  received  a certificate of approval pursuant to the provisions of
section thirty-six hundred eight of this  article  at  least  two  years
prior  to  the date of the application and that such certificate has not
been revoked or annulled subsequent to its receipt and is not limited as
of the time of application;
  (b) shall utilize grant funds to provide home care services to persons
whose residence is in an area which, due to location, is more costly  to
serve,  or  persons  whose  conditions require a more intensive level of
home care than typically provided in a visit;
  (c) shall undertake reasonable efforts to maintain  financial  support
from public and community contributed funding sources;
  (d)  shall  make  every  reasonable  effort  to  collect  payments for
services from third party  insurance  payers,  governmental  payers  and
self-paying patients;
  (e)  shall  have  professional assistance available on a seven day per
week, twenty-four hour per day basis;
  (f) shall establish a reasonable relationship between costs and charg-
es, or establish charges at approximate cost; and
  (g) has no other available financial  resources  to  serve  the  popu-
lations as identified in paragraph (b) of this subdivision.
  5.  [For]  EXCEPT AS PROVIDED IN SECTION THIRTY-SIX HUNDRED SEVEN-A OF
THIS ARTICLE, FOR the purpose of this section  and  sections  thirty-six
hundred  seven  and  thirty-six  hundred  nine  of this article, a grant
applicant shall submit a copy of its application to the  health  systems
agency in whose region the applicant is located.
  6.  [For]  EXCEPT AS PROVIDED IN SECTION THIRTY-SIX HUNDRED SEVEN-A OF
THIS ARTICLE, FOR the purpose of this section  and  sections  thirty-six
hundred  seven  and thirty-six hundred nine of this article, each health
systems agency shall convene  an  advisory  group  with  representatives
from,  but  not limited to, local departments of health, including those
organized and unorganized as county and  part-county  health  districts,
social  services districts, offices for the aging, certified home health
agencies, and consumers of home health agency  services.  Such  advisory
group,  after  considering  recommendations  from persons involved in or
knowledgeable about home care services delivered in that region,  shall,
consistent  with  state  and  regional  health  plans, identify priority
regional and local needs for the purposes identified in this section and
sections thirty-six hundred seven and thirty-six hundred  nine  of  this
article.    The  health systems agency shall provide to the commissioner
the recommendations of the advisory group regarding which grant applica-
tions meet regional and local needs, as well  as  the  advisory  group's
prioritization of applications.
  7.  [For]  EXCEPT AS PROVIDED IN SECTION THIRTY-SIX HUNDRED SEVEN-A OF
THIS ARTICLE, FOR the purposes of this section and  sections  thirty-six
hundred  seven  and thirty-six hundred nine of this article, the commis-
sioner shall approve applications for grants which meet the requirements
of this section pursuant to which the application is submitted and rules
and regulations adopted pursuant thereto.  In  approving  such  applica-
tions,  the  commissioner shall take into prime consideration the recom-
mendations of the advisory group convened by the health  systems  agency
in  whose region the applicants are located and also take into consider-

A. 2906                             4

ation other applications submitted by  the  same  applicant  for  grants
submitted  pursuant to such sections. The commissioner shall notify each
advisory group and each applicant in writing of his approval  or  disap-
proval and, if disapproval, shall state the reasons for disapproval.
  8.  [Grants]  EXCEPT AS PROVIDED IN SECTION THIRTY-SIX HUNDRED SEVEN-A
OF THIS ARTICLE, GRANTS approved for the purposes of this section may be
made each year for up to a two-year period or until the costs  for  such
services  provided  by  virtue  of  receipt of the grant are included in
rates of payment, whichever is sooner. Certified  home  health  agencies
which receive grants pursuant to this section may reapply for grants and
may  be approved if the applicant satisfies the requirements of subdivi-
sion four of this section and rules and regulations adopted pursuant  to
this section.
  9.  [In]  EXCEPT  AS PROVIDED IN SECTION THIRTY-SIX HUNDRED SEVEN-A OF
THIS ARTICLE, IN the event that a public certified home health agency is
approved for a grant, pursuant to this section, funds provided under the
grant shall not reduce the amount of aid otherwise reimbursable to  such
agency pursuant to article six of this chapter.
  10.  The commissioner is authorized to promulgate such rules and regu-
lations, in consultation with the state council on home  care  services,
as  are  necessary  to  carry  out the provisions of this section.  Such
rules and regulations may include, but not be limited  to,  minimum  and
maximum grant levels.
  11.  [Recipients]  EXCEPT  AS  PROVIDED  IN SECTION THIRTY-SIX HUNDRED
SEVEN-A OF THIS ARTICLE,  RECIPIENTS  of  grants  shall  submit  to  the
commissioner reports on the use of grants provided under this section at
such times and in such format as the commissioner may prescribe.
  S 4. Section 11 of chapter 884 of the laws of 1990 amending the public
health  law relating to authorizing bad debt and charity care allowances
for diagnostic and treatment centers and certified home health agencies,
as amended by section 68 of part C of chapter 58 of the laws of 2007, is
amended to read as follows:
  S 11. This act shall take effect immediately and:
  (a) sections one and three shall expire on December 31, 1996,
  (b) sections four through ten shall expire on June  30,  [2009]  2013,
and
  (c) provided that the amendment to section 2807-b of the public health
law  by  section two of this act shall not affect the expiration of such
section 2807-b as otherwise provided by  law  and  shall  be  deemed  to
expire therewith.
  S  5.  This act shall take effect immediately, provided, however, that
the amendments to section 3615 of the public health law made by  section
three  of  this  act shall not affect the expiration of such section and
shall be deemed to expire therewith; provided, further, that  the  addi-
tion,  amendment  and/or  repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized  and
directed to be made and completed on or before such effective date.