S T A T E O F N E W Y O R K
________________________________________________________________________
4781
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to licensed home care
services agency reimbursement and reporting requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 3612 of the public health law, as
added by chapter 606 of the laws of 2003, is amended to read as follows:
6. The commissioner shall adopt rules and regulations for licensed
home care services agencies which establishes a cap on administrative
and general costs for such agencies equal to the cap on administrative
and general costs applied to certified home health agencies in accord-
ance with subdivision seven of section thirty-six hundred fourteen of
this article; PROVIDED, HOWEVER, THAT: (A) ANY CAP ON ADMINISTRATIVE AND
GENERAL COSTS SHALL BE APPLICABLE ONLY TO THOSE COSTS ASSOCIATED WITH
PAYMENTS MADE BY GOVERNMENT AGENCIES WHICH ARE USED FOR SERVICES
PROVIDED BY SUCH AGENCIES; AND (B) ANY CAP ON ADMINISTRATIVE AND GENERAL
COSTS SHALL NOT INCLUDE ANY COSTS ATTRIBUTABLE TO WORKER EMPLOYMENT,
TRAINING, RECRUITMENT AND RETENTION OR THE PROVISION AND MANAGEMENT OF
PATIENT CARE INCLUDING, BUT NOT LIMITED TO, PATIENT OUTREACH; ASSESS-
MENT; COORDINATION AND MANAGEMENT OF SERVICES; TELEPHONE AND OTHER TELE-
HEALTH MONITORING AND COMMUNICATION; MEDICAL SUPPLIES; STAFF TRANSPORTA-
TION AND ESCORT SERVICES; FAMILY AND/OR INFORMAL CAREGIVER SUPPORT
SERVICES; PATIENT RECORDKEEPING; AND TECHNOLOGY INVESTMENTS FOR PATIENT
CARE.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided that, effective immediately, the
promulgation, amendment and/or repeal of any rules and regulations
necessary to implement the provisions of this act on its effective date
is authorized and directed to be completed on or before such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04159-02-9