NY State Senate Bill 2009-S1072

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Jan 23, 2009	referred to health

2009-S1072 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3602, Pub Health L; amd §§3216, 3221 & 4303, Ins L; amd §367-f, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:: S2098

2009-S1072 (ACTIVE) - Summary

Provides homemaker services may be provided by private home aides, subject to certain requirements, not only certified home care agencies; includes homemaker services engaged through private home aides within the definition of "home health aide services"; and provides homemaker services shall be reimbursable through the New York state partnership for long term care.

2009-S1072 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1072

 TITLE OF BILL :
An act to amend the public health law, the insurance law and the
social services law, in relation to the provision of homemaker
services


 PURPOSE :
This bill provides that homemaker services may be provided by private
home aides.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 4 of section 3602 of the public health
law.  It permits homemaker services to be provided by a private home
health aide as long as the aide has met the standards of the
department of family assistance. The services must also be
reimbursable through the NYS Partnership for Long Term Care.

Section 2 amends subparagraph (A) of paragraph 6 of subsection (i) of
section 3216 of the insurance law. Home care services may be provided
by a private aide as long as the aide is certified and prescribed by a
physician. This section establishes the parameters of "homemaker
services." A private home aide shall meet the standards provided by
the department of family assistance. These services shall he

reimbursable through the NYS Partnership for Long Term Care.

Section 3 amends subparagraph (D) of paragraph 1 of subsection (k) of
section 3221 of the insurance law. These provisions are the same as
section 2.

Section 4 amends subparagraphs (B) and (C) of paragraph 3 of
subsection (a) of section 4303 of the insurance law to make the
provisions consistent with bill sections 2 & 3.

Section 5 amends paragraph (b) of subdivision 1 of section 367- f of
the social services law to make provisions consistent with the
amendments to the insurance law, as outline in bill sections 2, 3, &
4.

Section 6 directs the department of insurance to compare expenditures
and utilization patterns for claims for home care services covered by
individual and group accident and health insurance.

Section 7 enacts this legislation on the 120th day after it shall
become law.

 EXISTING LAW :

Section 460.1 defines "homemaker services" as a specialized service
which complements casework service of an agency. It is provided upon
the recommendation of a physician to provide services in a person's
home for the purposes of maintaining normal household operations or
during periods of special circumstances. These services include
household tasks such as marketing/shopping, preparation and serving of
meals, cleaning, light laundry, ironing, and mending. Personal
services include assistance with bathing, care of small children or
elderly or disabled adults, payment of bills, errands, and
accompaniment to a doctor's appointment or clinic.

 JUSTIFICATION :
This bill allows individuals to hire a private aide to perform
homemaker services and still be reimbursed through the NYS Partnership
for Long Term Care. Current law stipulates that homemaker services
must be provided through a certified employment agency.  Under the
provisions of this legislation, the aide must still conform to the
certifications outlined by the appropriate departments and the
services must still be prescribed by a physician. Private certified
aides can already be hired by persons in need, but the services are
not reimbursable through the Partnership for Long Term Care. These
provisions remedy this situation, allowing aides to be hired privately
and, perhaps, at a lesser rate than that charged by employment
agencies.

With much of our state's elderly population relegated to fixed
incomes, every penny saved is important.

 LEGISLATIVE HISTORY :
New bill.

 EFFECTIVE DATE :
This act shall take effect on the l20th day after it shall become law.

2009-S1072 (ACTIVE) - Bill Text download pdf

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

                                  1072

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 23, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, the insurance law and the  social
  services law, in relation to the provision of homemaker services

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

  Section 1. Subdivision 4 of section 3602 of the public health law,  as
amended  by  chapter  600  of  the  laws  of 2002, is amended to read as
follows:
  4. "Home  health  aide  services"  means  simple  health  care  tasks,
personal hygiene services, housekeeping tasks essential to the patient's
health  and  other  related  supportive services. Such services shall be
prescribed by a physician in accordance with a plan of treatment for the
patient and :(A) shall be under the supervision of a registered  profes-
sional  nurse  from a certified home health agency or, when appropriate,
from a provider of a long term home  health  care  program  and  of  the
appropriate professional therapist from such agency or provider when the
aide  carries  out simple procedures as an extension of physical, speech
or occupational therapy, OR (B) HOMEMAKER SERVICES WHICH CAN BE  ENGAGED
THROUGH A PRIVATE HOME AIDE, PROVIDED HOWEVER THAT SUCH AIDE HAS (1) MET
THE  STANDARDS  ESTABLISHED  BY THE DEPARTMENT OF FAMILY ASSISTANCE, AND
(2) SUCH SERVICES ARE REIMBURSABLE THROUGH THE NEW YORK  STATE  PARTNER-
SHIP  FOR  LONG  TERM  CARE  PROGRAM  PURSUANT  TO SECTION THREE HUNDRED
SIXTY-SEVEN-F OF THE SOCIAL SERVICES LAW.   Such services  may  also  be
prescribed  or  ordered by a nurse practitioner to the extent authorized
by law and consistent with the written practice  agreement  pursuant  to
subdivision three of section six thousand nine hundred two of the educa-
tion law and not prohibited by federal law or regulation.
  S 2. Subparagraph (A) of paragraph 6 of subsection (i) of section 3216
of  the insurance law, as amended by chapter 557 of the laws of 2000, is
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06662-01-9

S. 1072                             2

  (A) Home care means the care and treatment of a covered person who  is
under the care of a physician but only if hospitalization or confinement
in  a  nursing  facility  as  defined in subchapter XVIII of the federal
Social Security Act, 42 U.S.C. SS 1395 et seq, would otherwise have been
required  if  home care was not provided, and the plan covering the home
health service is established and approved in writing by such physician.
Home care shall be provided by  an  agency  [possessing]  OR  THROUGH  A
PRIVATE HOME AIDE SERVICE PURSUANT TO THIS SUBPARAGRAPH. WHERE HOME CARE
IS  PROVIDED  BY AN AGENCY SUCH AGENCY SHALL POSSESS a valid certificate
of approval or license issued pursuant  to  article  thirty-six  of  the
public health law and shall consist of one or more of the following:
  (i) Part-time or intermittent home nursing care by or under the super-
vision of a registered professional nurse (R.N.).
  (ii) Part-time or intermittent home health aide services which consist
primarily of caring for the patient.
  (iii) Physical, occupational or speech therapy if provided by the home
health service or agency.
  (iv)  Medical  supplies,  drugs and medications prescribed by a physi-
cian, and laboratory services by or on behalf of a certified home health
agency or licensed home care services agency to the  extent  such  items
would  have  been  covered  under the contract if the covered person had
been hospitalized or confined in a skilled nursing facility  as  defined
in  [title]  subchapter  XVIII  of  the  federal Social Security Act, 42
U.S.C.  SS 1395 et seq.
  WHERE HOMEMAKER  SERVICES  ARE  PROVIDED  THROUGH  PRIVATE  HOME  AIDE
SERVICES SUCH CARE SHALL CONSIST OF ONE OR MORE OF THE FOLLOWING:
  (I)  SUCH AIDE SHALL HAVE MET THE STANDARDS ESTABLISHED BY THE DEPART-
MENT OF FAMILY ASSISTANCE.
  (II) SUCH SERVICES ARE REIMBURSABLE THROUGH THE NEW YORK  STATE  PART-
NERSHIP  FOR  LONG  TERM  CARE PROGRAM PURSUANT TO SECTION THREE HUNDRED
SIXTY-SEVEN-F OF THE SOCIAL SERVICES LAW.
  (III) PART-TIME  OR  INTERMITTENT  HOMEMAKER  SERVICES  WHICH  CONSIST
PRIMARILY OF CARING FOR THE PATIENT.
  S 3. Subparagraph (D) of paragraph 1 of subsection (k) of section 3221
of  the insurance law, as amended by chapter 557 of the laws of 2000, is
amended to read as follows:
  (D) Home care shall be provided by an agency [possessing] OR THROUGH A
PRIVATE HOME AIDE SERVICE PURSUANT TO THIS SUBPARAGRAPH. WHERE HOME CARE
IS PROVIDED BY AN AGENCY SUCH AGENCY SHALL POSSESS a  valid  certificate
of  approval  or  license  issued  pursuant to article thirty-six of the
public health law and shall consist of one or more of the following:
  (i) Part-time or intermittent home nursing care by or under the super-
vision of a registered professional nurse (R.N.).
  (ii) Part-time or intermittent home health aide services which consist
primarily of caring for the patient.
  (iii) Physical, occupational or speech therapy if provided by the home
health service or agency.
  (iv) Medical supplies, drugs and medications prescribed  by  a  physi-
cian, and laboratory services by or on behalf of a certified home health
agency  or  licensed  home care services agency to the extent such items
would have been covered under the contract if  the  covered  person  had
been  hospitalized  or confined in a skilled nursing facility as defined
in subchapter XVIII of the federal Social Security  Act,  42  U.S.C.  SS
1395 et seq.
  WHERE  HOMEMAKER  SERVICES  ARE  PROVIDED  THROUGH  PRIVATE  HOME AIDE
SERVICES SUCH CARE SHALL CONSIST OF ONE OR MORE OF THE FOLLOWING:

S. 1072                             3

  (I) SUCH AIDE SHALL HAVE MET THE STANDARDS ESTABLISHED BY THE  DEPART-
MENT OF FAMILY ASSISTANCE.
  (II)  SUCH  SERVICES ARE REIMBURSABLE THROUGH THE NEW YORK STATE PART-
NERSHIP FOR LONG TERM CARE PROGRAM PURSUANT  TO  SECTION  THREE  HUNDRED
SIXTY-SEVEN-F OF THE SOCIAL SERVICES LAW.
  (III)  PART-TIME  OR  INTERMITTENT  HOMEMAKER  SERVICES  WHICH CONSIST
PRIMARILY OF CARING FOR THE PATIENT.
  S 4. Subparagraphs (B) and (C) of paragraph 3  of  subsection  (a)  of
section 4303 of the insurance law, as amended by chapter 557 of the laws
of  2000,  are  amended and a new subparagraph (C-1) is added to read as
follows:
  (B) Home care shall be provided by an agency [possessing] OR THROUGH A
PRIVATE HOME AIDE SERVICE PURSUANT TO THIS PARAGRAPH. WHERE HOME CARE IS
PROVIDED BY AN AGENCY SUCH AGENCY SHALL POSSESS a valid  certificate  of
approval  or license issued pursuant to article thirty-six of the public
health law.
  (C) Home care PROVIDED BY AN AGENCY shall consist of one  or  more  of
the following:
  (i) part-time or intermittent home nursing care by or under the super-
vision of a registered professional nurse (R.N.),
  (ii) part-time or intermittent home health aide services which consist
primarily of caring for the patient,
  (iii) physical, occupational or speech therapy if provided by the home
health service or agency, and
  (iv)  medical  supplies,  drugs and medications prescribed by a physi-
cian, and laboratory services by or on behalf of a certified home health
agency or licensed home care services agency to the  extent  such  items
would  have  been  covered or provided under the contract if the covered
person had been hospitalized or confined in a skilled  nursing  facility
as  defined  in subchapter XVIII of the Social Security Act, 42 U.S.C. S
1395 et seq.
  (C-1) HOMEMAKER SERVICES PROVIDED THROUGH A PRIVATE HOME AIDE  SERVICE
SHALL CONSIST OF ONE OR MORE OF THE FOLLOWING:
  (I)  SUCH AIDE SHALL HAVE MET THE STANDARDS ESTABLISHED BY THE DEPART-
MENT OF FAMILY ASSISTANCE.
  (II) SUCH SERVICES ARE REIMBURSABLE THROUGH THE NEW YORK  STATE  PART-
NERSHIP  FOR  LONG  TERM  CARE PROGRAM PURSUANT TO SECTION THREE HUNDRED
SIXTY-SEVEN-F OF THE SOCIAL SERVICES LAW.
  (III) PART-TIME  OR  INTERMITTENT  HOMEMAKER  SERVICES  WHICH  CONSIST
PRIMARILY OF CARING FOR THE PATIENT.
  S  5.  Paragraph  (b)  of subdivision 1 of section 367-f of the social
services law, as added by chapter 659 of the laws of 1997, is amended to
read as follows:
  (b) "Long term care services" shall include, but  not  be  limited  to
care, treatment, maintenance, and services: provided in a nursing facil-
ity  licensed  under  article  twenty-eight  of  the  public health law;
provided by a home care services agency, certified home health agency or
long term home health care program, as  defined  in  section  thirty-six
hundred  two  of  the public health law; provided by an adult day health
care program in accordance with regulations of the department of health;
[or] provided by a personal care provider licensed or regulated  by  any
other  state or local agency; OR HOMEMAKER SERVICES THROUGH PRIVATE HOME
AIDES AS PROVIDED IN SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED  TWO
OF  THE  PUBLIC  HEALTH  LAW;  and such other services for which medical
assistance is otherwise available under this chapter  which  are  desig-

S. 1072                             4

nated as long term care services in law or regulations of the department
of health.
  S  6.  The  department of insurance shall analyze and compare expendi-
tures, utilization rates, and utilization patterns for claims  for  home
care services covered by individual and group accident and health insur-
ance  for  the  period  commencing  two  years immediately preceding the
effective date of this act and ending two  years  immediately  following
the effective date of this act. The department of insurance shall report
its findings to the governor, the temporary president of the senate, and
the speaker of the assembly on or before April 1, 2011.
  S 7. This act shall take effect on the one hundred twentieth day after
it  shall  have  become  a  law and shall apply to policies or contracts
issued, renewed, modified, altered, or amended on or after such date.

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Senate Bill S1072

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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2009-S1072 (ACTIVE) - Details

2009-S1072 (ACTIVE) - Summary

2009-S1072 (ACTIVE) - Sponsor Memo

2009-S1072 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2009-S1072 (ACTIVE) - Details

2009-S1072 (ACTIVE) - Summary

2009-S1072 (ACTIVE) - Sponsor Memo

2009-S1072 (ACTIVE) - Bill Text download pdf

Comments