S T A T E O F N E W Y O R K
________________________________________________________________________
865
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DelMONTE, ROSENTHAL, FIELDS, LUPARDO, KOON,
GUNTHER, ALFANO, GORDON -- Multi-Sponsored by -- M. of A. ABBATE,
BROOK-KRASNY, CLARK, EDDINGTON, HOOPER, HYER-SPENCER, JOHN, MAGEE,
MAISEL, MAYERSOHN, McENENY, PHEFFER, REILLY, ROBINSON, SWEENEY, WEIS-
ENBERG -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to establishing fami-
ly directed home care demonstration programs
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
3623 to read as follows:
S 3623. FAMILY DIRECTED HOME CARE DEMONSTRATION PROGRAMS. 1. THE
COMMISSIONER IS AUTHORIZED TO ESTABLISH DEMONSTRATION PROGRAMS UNDER
SUBDIVISION TWO OF THIS SECTION DESIGNED TO PROVIDE ADDITIONAL EXPERI-
ENCE AND INFORMATION CONCERNING THE ALTERNATIVE DELIVERY OF HOME CARE
SERVICES TO FAMILIES WHO SEEK GREATER FLEXIBILITY AND FREEDOM OF CHOICE
IN OBTAINING SUCH SERVICES FOR THEIR FAMILY MEMBERS. THE FAMILY DIRECTED
HOME CARE DEMONSTRATION PROGRAMS ARE INTENDED TO PROVIDE GREATER CONTROL
TO FAMILIES OVER THE FAMILY MEMBER'S CARE AND CAREGIVERS, DELIVER HOME
CARE SERVICES IN A MORE COST-EFFECTIVE MANNER, INCREASE THE POOL OF
NURSES WILLING TO PROVIDE HOME CARE SERVICES, AND RETAIN SUCH NURSES SO
AS TO ENSURE THE AVAILABILITY OF HOME CARE TO A GROWING NUMBER OF INDI-
VIDUALS.
2. APPROVAL TO OPERATE A FAMILY DIRECTED HOME CARE DEMONSTRATION
PROGRAM MAY BE GRANTED BY THE COMMISSIONER TO HOME CARE AGENCIES THAT
ARE LICENSED UNDER THIS ARTICLE THAT VOLUNTEER TO PARTICIPATE, OR THAT
ACCEPT AN OFFER FROM THE COMMISSIONER TO PARTICIPATE. ONE DEMONSTRATION
PROGRAM SHALL TAKE PLACE IN EACH REGION REPRESENTED BY A HEALTH SYSTEM
AGENCY, AS DEFINED IN SECTION TWENTY-NINE HUNDRED FOUR-B OF THIS CHAP-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01131-01-9
A. 865 2
TER. THE COMMISSIONER SHALL APPROVE PLANS FOR DEMONSTRATION PROGRAMS
SUBMITTED PURSUANT TO THIS SECTION THAT:
(A) ASSURE ACCESS TO DELIVERY OF HIGH QUALITY, APPROPRIATE NURSING
SERVICES TO ELIGIBLE INDIVIDUALS. FOR PURPOSES OF THIS SECTION, AN
"ELIGIBLE INDIVIDUAL" IS A PERSON WHO:
(I) IS ELIGIBLE FOR NURSING SERVICES PROVIDED BY A LICENSED HOME CARE
SERVICES AGENCY AUTHORIZED PURSUANT TO THIS ARTICLE;
(II) HAS BEEN DETERMINED BY THE LICENSED HOME CARE SERVICES AGENCY,
PURSUANT TO AN ASSESSMENT OF THE PERSON'S APPROPRIATENESS FOR THE
PROGRAM CONDUCTED BY SUCH AN AGENCY, AS BEING IN NEED OF NURSING
SERVICES AT HOME AND HAS THE SKILLS AND WILLINGNESS OR HAS A LEGAL GUAR-
DIAN WHO HAS THE SKILLS AND WILLINGNESS TO MAKE INFORMED CHOICES, OR HAS
DESIGNATED A RELATIVE OR OTHER ADULT WHO HAS THE SKILLS AND WILLINGNESS
TO ASSIST IN MAKING INFORMED CHOICES REGARDING SUCH NURSING SERVICES,
INCLUDING BUT NOT LIMITED TO THE RECRUITMENT, SELECTION, SCHEDULING, AND
MANAGING OF NURSE CAREGIVERS; AND
(III) MEETS SUCH OTHER CRITERIA, AS MAY BE ESTABLISHED BY THE COMMIS-
SIONER, WHICH ARE NECESSARY TO EFFECTIVELY IMPLEMENT THE OBJECTIVES OF
THIS SECTION.
(B) REQUIRE THAT THE AGENCY AND ELIGIBLE INDIVIDUAL ENTER INTO AN
AGREEMENT WHICH AT MINIMUM, STATES:
(I) THE AGENCY SHALL PROVIDE AN INITIAL ORIENTATION AND ON-GOING
EDUCATION AND ASSISTANCE AS IS NECESSARY TO THE ELIGIBLE INDIVIDUALS,
THEIR LEGAL GUARDIANS, AND/OR DESIGNATED REPRESENTATIVES REGARDING THE
RECRUITMENT, SELECTION, SCHEDULING, AND MANAGING OF THE NURSES WHO
PROVIDE SERVICES TO THE ELIGIBLE INDIVIDUALS;
(II) THE AGENCY SHALL EXERCISE REASONABLE CARE IN PROPERLY CARRYING
OUT ITS RESPONSIBILITIES UNDER THE DEMONSTRATION PROGRAM, WHICH SHALL
INCLUDE MONITORING THE CONTINUING ABILITY OF ELIGIBLE INDIVIDUALS, THEIR
LEGAL GUARDIANS AND/OR DESIGNATED REPRESENTATIVES TO FULFILL THOSE
RESPONSIBILITIES DOCUMENTED IN SUCH AGREEMENT OR MEDICAL RECORD; HOWEV-
ER, THE AGENCY SHALL NOT BE LIABLE FOR FULFILLMENT OF RESPONSIBILITIES
AGREED TO BE UNDERTAKEN BY THE ELIGIBLE INDIVIDUALS, THEIR LEGAL GUARDI-
ANS, AND/OR DESIGNATED REPRESENTATIVES; AND
(III) THAT FAILURE OF ELIGIBLE INDIVIDUALS, THEIR LEGAL GUARDIANS,
AND/OR DESIGNATED REPRESENTATIVES TO CARRY OUT THEIR AGREED-TO RESPONSI-
BILITIES MAY BE CONSIDERED IN DETERMINING THE ELIGIBLE INDIVIDUAL'S
CONTINUED APPROPRIATENESS FOR THE PROGRAM.
(C) DESCRIBE THE QUALITY ASSURANCE MECHANISMS TO BE IMPLEMENTED, AS
WELL AS OTHER MECHANISMS DESIGNED TO PROTECT ELIGIBLE INDIVIDUAL'S
RIGHTS UNDER THE PROGRAM.
3. THIS SECTION SHALL NOT BE INTERPRETED TO RESTRICT A MEDICAL ASSIST-
ANCE RECIPIENT'S CHOICE OF PROVIDER OF SERVICES TO WHICH HE OR SHE IS
ENTITLED PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES
LAW OR TO AUTHORIZE ANY CHANGE IN THE ELIGIBILITY CRITERIA ENTITLING ANY
INDIVIDUAL TO MEDICAL ASSISTANCE.
4. THE COMMISSIONER MAY, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF
THE BUDGET, FILE FOR SUCH FEDERAL WAIVERS OR STATE PLAN AMENDMENTS AS
MAY BE NEEDED FOR THE IMPLEMENTATION OF THE PROGRAM AND CONTINUED FEDER-
AL PARTICIPATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
COMMISSIONER IS AUTHORIZED TO WAIVE ANY PROVISION OF SECTION THREE
HUNDRED SIXTY-SEVEN-B OF THE SOCIAL SERVICES LAW RELATED TO PAYMENT AND
MAY PROMULGATE REGULATIONS NECESSARY TO CARRY OUT THE OBJECTIVES OF THE
PROGRAM, AND DESCRIBE THE RESPONSIBILITIES OF THE ELIGIBLE INDIVIDUALS
IN ARRANGING FOR SERVICES AND THE PROTECTIONS ASSURED SUCH INDIVIDUALS
IF THEY ARE UNABLE OR NO LONGER DESIRE TO CONTINUE IN THE PROGRAM.
A. 865 3
5. THE DEPARTMENT SHALL BE RESPONSIBLE FOR REVIEWING THE QUALITY,
APPROPRIATENESS, AND COST-EFFECTIVENESS OF THE CARE PROVIDED PURSUANT TO
THE DEMONSTRATION PROGRAMS. THE DEPARTMENT SHALL ISSUE AN ANNUAL REPORT
TO THE GOVERNOR AND THE LEGISLATURE. SUCH REPORT SHALL CONTAIN, AT A
MINIMUM, THE FOLLOWING INFORMATION: THE PROGRAMS IMPLEMENTED PURSUANT TO
THIS SECTION, THEIR DATE OF IMPLEMENTATION, THEIR ACCOMPLISHMENTS, THEIR
PROGRESS MADE IN ACHIEVING THE OBJECTIVES OF THE PROGRAM, INCLUDING THE
SATISFACTION OF ELIGIBLE INDIVIDUALS AND THEIR FAMILIES, AND THE APPRO-
PRIATENESS OF SUCH PROGRAMS TO RECRUIT AND RETAIN NURSES TO SERVE THE
STATE'S ESCALATING NEED FOR A HIGHLY TRAINED NURSING WORKFORCE.
6. THIS SECTION SHALL PREEMPT AND SUPERSEDE ANY LOCAL OR COUNTY LAWS,
REGULATIONS AND REQUIREMENTS WHICH ARE INCONSISTENT WITH OR CONTRARY TO
THE OBJECTIVES OF THIS SECTION.
S 2. This act shall take effect immediately.