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

                                   525

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. DESTITO -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health law and the social  services  law,  in
  relation  to  the  licensing  of  home  health  care  agencies and the
  reimbursement of such agencies

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

  Section 1. Subdivision 15 of section 3602 of the public health law, as
added by chapter 81 of the laws of 1995, is amended to read as follows:
  15.  "Limited home care services agency" means a certified operator of
an adult home or an enriched housing program which directly  provides[:]
personal care services [authorized and provided in accordance with rules
and  regulations  of the department of social services] TO RESIDENTS WHO
REQUIRE EITHER SOME OR TOTAL ASSISTANCE WITH ACTIVITIES OF DAILY LIVING;
[and the administration of medications and application of sterile dress-
ings by a registered nurse,] provided, however, that  the  services  ARE
provided  [by such agency] AND are not EXCLUSIVELY services that must be
provided to residents of such facilities pursuant to  article  seven  of
the social services law; and [rules and regulations of the department of
social  services] THE ADMINISTRATION OF ALL MEDICATIONS, TREATMENTS, AND
APPLICATION OF STERILE DRESSINGS BY AN  APPROPRIATELY  LICENSED  PROFES-
SIONAL  UNDER  THE SUPERVISION OF A REGISTERED NURSE.  Such operator may
provide these services only to residents of the adult home  or  enriched
housing program governed by the terms of such limited license.
  S  2.  Subdivisions  9,  10,  11  and 12 of section 3605 of the public
health law, as added by chapter 81 of the laws of 1995, are  amended  to
read as follows:
  9.  An  entity  which  seeks  approval as a limited home care services
agency must meet the requirements of this section, the rules  and  regu-
lations  of the department, and must be a certified operator of an adult

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

                                                           LBD01298-01-9

A. 525                              2

home or enriched housing program pursuant to article seven of the social
services law. The commissioner shall approve only those applicants [that
the commissioner of the department of social  services  has]  listed  as
eligible  pursuant  to  the requirements of paragraph (a) of subdivision
[eleven] TEN of this section.  THE COMMISSIONER SHALL ACT ON A  COMPLETE
APPLICATION WITHIN NINETY DAYS OF RECEIVING SUCH APPLICATION.
  10.  [The department shall notify the department of social services of
any action taken against a limited home care services agency pursuant to
section thirty-six hundred five-a of this article.
  11.] For purposes of this subdivision,  eligibility  of  limited  home
care services agencies licensed by the department shall be as follows:
  (a) Only those certified operators of adult homes and enriched housing
programs  that  provide  services  that are consistent with the needs of
each resident, meet the standards governing the operation of such facil-
ities in accordance with the provisions of article seven of  the  social
services  law,  and  provide  quality  care  shall  be considered by the
department as eligible for licensure.
  (b) An operator that has received current official written notice from
the department [of social services] of any enforcement  action  pursuant
to  section four hundred sixty-d of the social services law shall not be
eligible for such certification.
  (c) Such current enforcement action, when resolved to the satisfaction
of the commissioner [of social services], shall not itself  preclude  an
otherwise  eligible  applicant  from  licensure  approval  but  shall be
considered by the department in determining the  character,  competence,
and  standing  in the community of the applicant pursuant to subdivision
four of this section.
  (d) If [the department receives notice from the department  of  social
services that] a certified operator of an adult home or enriched housing
program  that  is  licensed  as  a limited home care services agency has
received  official  written  notice  from  the  department  [of   social
services]  of  a  proposed  enforcement action taken pursuant to section
four hundred sixty-d of the social services law,  the  department  shall
review  the  delivery  of  home  care services to determine whether such
agency is meeting all applicable regulations and standards.
  [12. Notwithstanding any law to the contrary, the  commissioner  shall
have the authority to limit the number of adult homes and enriched hous-
ing programs eligible for licensure under this section.]
  S  3.  Subdivisions 1, 2 and 4 of section 367-p of the social services
law, as added by section 105-d of chapter 81 of the laws  of  1995,  are
amended to read as follows:
  1.  Notwithstanding  any  law to the contrary, the commissioner shall,
subject to the approval of the director of the budget,  establish  rates
of payment for services provided by limited home care services agencies,
licensed  by  the  department  of  health pursuant to section thirty-six
hundred five of the public health law, to eligible individuals  who  are
residents  of adult homes and enriched housing programs certified by the
department in accordance with article seven of  this  chapter.  Services
for  which  reimbursement  shall be available are personal care services
provided TO RESIDENTS WHO REQUIRE EITHER SOME OR TOTAL  ASSISTANCE  WITH
ACTIVITIES  OF  DAILY  LIVING  directly by the agency and authorized and
provided in accordance with the rules and regulations of the department;
and the administration of medications and application of sterile  dress-
ings by a registered nurse provided, however, that the services provided
by  such  agency  are not services that must be provided to residents of
such facilities pursuant to article seven of this chapter.

A. 525                              3

  2. Notwithstanding any law  to  the  contrary,  a  limited  home  care
services agency licensed by the department of health shall be reimbursed
at  a rate [that is significantly less than the current costs of provid-
ing such services through a personal care  provider  or  certified  home
health  agency  in the same service area] REASONABLY RELATED TO THE COST
OF EFFICIENTLY PROVIDING THE SERVICE TRENDED FORWARD USING THE METHODOL-
OGY  DESCRIBED  IN  PARAGRAPH  (C)  OF  SUBDIVISION   TEN   OF   SECTION
TWENTY-EIGHT HUNDRED SEVEN-C OF THE PUBLIC HEALTH LAW.
  4.  Prior  to authorizing payment for services provided to an eligible
individual by a limited  home  care  services  agency,  the  appropriate
social  services district must determine that the service proposed to be
provided by such agency is cost-effective in comparison to other  avail-
able and appropriate service delivery options available in the district.
IF  AUTHORIZED,  REIMBURSEMENT FOR SUCH SERVICES SHALL BE RETROACTIVE TO
THE DATE WHEN CARE WAS BEGUN AND THE LIMITED HOME CARE  SERVICES  AGENCY
APPLIED FOR APPROVAL OF SUCH CARE.
  S  4.  This act shall take effect immediately; provided, however, that
the amendments to subdivision 15 of section 3602 of  the  public  health
law  made  by section one of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith; and  provided,
further, however that the amendments to subdivisions 9, 10, 11 and 12 of
section  3605  of  the public health law made by section two of this act
shall not affect the expiration of such subdivisions and shall be deemed
to expire therewith; and provided, further, however that the  amendments
to  subdivisions  1, 2 and 4 of section 367-p of the social services law
made by section three of this act shall not  affect  the  expiration  of
such section and shall be deemed to expire therewith.