NY State Senate Bill 2009-S4351

Senate Bill S4351

2009-2010 Legislative Session

Authorizes the department of health to establish medication and treatment compliance demonstration programs to assist persons with chronic health problems

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Apr 22, 2009	referred to health

2009-S4351 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Health
Versions Introduced in 2011-2012 Legislative Session:: S2274

2009-S4351 (ACTIVE) - Summary

Authorizes the department of health to establish medication and treatment compliance demonstration programs to assist persons with chronic health problems; provides that services provided as part of the program and related administrative expenses that are not otherwise eligible for coverage under funding sources shall be eligible for reimbursement under the medical assistance program as long as federal financial participation is available; requires interim report to the governor and legislature on or before 12/31/2012 and a final report on or before 12/31/2014; provides for expiration and repeal of act on 3/31/2015.

2009-S4351 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4351

 TITLE OF BILL :
An act authorizing medication and treatment compliance demonstration
programs and providing for the repeal of such programs upon the
expiration thereof


 SUMMARY OF SPECIFIC PROVISIONS :
Authorizes the Department of Health to design demonstration programs
to improve medication and treatment compliance. Services to be
provided and chronic health problems to be addressed are described.
DOH is made responsible for regulating the quality, appropriateness
and the cost effectiveness of the demonstration programs, and is
authorized to utilize all potential sources of funding.

Enrollment in programs is made voluntary, and participating
individuals are allowed to discontinue at any time without cause.

The Commissioner of Health is authorized to review and approve all
enrollment and marketing materials for demonstration programs, and is
directed to provide an interim report on or before December 31, 2012
and a final report on or before December 31, 2014.

 JUSTIFICATION :
Unnecessary medical costs associated with non-compliant behavior of

patients have reached staggering proportions in today's health care
environment. Health care professionals have been continually
frustrated with the inability of many patients to follow through with
the medication or treatment regimen that has been prescribed. The
expanded use of home care has brought with it new and ever growing
complexities regarding compliance.

Non-compliant behavior has resulted in the expenditure of billions of
health care dollar's for preventable hospital and nursing home
admissions, physician visits, tests, and prescriptions. It has been
estimated that up to one third of the hospital and one half of the
nursing home admissions among elderly patients can be attributed to
patients not taking their medication as directed.

These demonstration programs will target approximately 1-2 percent of
the general population or 4-8 percent of the elderly population who
are using 5060 percent of all health care dollars. With concerns over
controlling health care costs, and the advent of managed care,
capitation agreements and other risk sharing arrangements, the need to
control needless over utilization has never been more evident.

 PRIOR LEGISLATIVE HISTORY :
A.11015-A of 2000: Health
A.2011 of 2002:  Passed Assembly, Senate Rules
A.44 of 2003-04: Third Reading
A.1262 of 2005-2006: Health

 FISCAL IMPLICATIONS :
The Health Commissioner is authorized to utilize all potential Sources
of funding. The demonstration is made eligible for Medicaid
reimbursement as long as federal financial participation is available.
It is estimated that a $4,200 annual expenditure per person for the
monitoring program can save $46,200 by keeping a patient out of a
nursing home.

 EFFECTIVE DATE :
This act shall take effect immediately and expires on March 31, 2015.

2009-S4351 (ACTIVE) - Bill Text download pdf

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

                                  4351

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

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

AN ACT authorizing medication  and  treatment  compliance  demonstration
  programs  and providing for the repeal of such programs upon the expi-
  ration thereof

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

  Section 1. Medication and treatment compliance demonstration programs.
1.  The  department  of  health  may establish one or more demonstration
programs to improve medication and treatment compliance of persons  with
chronic health problems (referred to in this section as a "demonstration
program").  In  doing so, the department of health shall work in cooper-
ation with one or more not-for-profit  organizations  that  have  demon-
strated  expertise  in providing services within the scope of a specific
disease or in the administration and monitoring of medication and treat-
ment regimens. A demonstration program may offer monitoring and  support
services  to  patients diagnosed with chronic health problems including,
but not limited to, one or more of the following: congestive heart fail-
ure, brittle diabetes, chronic obstructive  pulmonary  disease,  cancer,
bipolar  disorders, schizophrenia, HIV/AIDS, transplant patients and for
wound care. Services to  be  offered  in  a  demonstration  program  may
include,  but  are not limited to, a proactive telephone-based reminder,
verification, support and reporting service  coupled  with  face-to-face
patient medication evaluations.
  2.  Enrollment  in  a demonstration program shall be voluntary for all
clients. A participating individual may discontinue his or  her  enroll-
ment  at any time without cause. The commissioner of health shall review
and approve all enrollment and marketing materials for  a  demonstration
program.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06413-01-9

S. 4351                             2

  3.  The  department  of health shall be responsible for regulating the
quality, appropriateness  and  cost  effectiveness  of  a  demonstration
program.
  4.  The  department of health shall utilize to the extent possible all
potential sources of funding for demonstration programs  including,  but
not limited to, funding available through titles 18 and 19 of the feder-
al  social security act. Additional sources may include but shall not be
limited to, private payments and donations. Services provided as part of
a demonstration program and related administrative expenses  not  other-
wise eligible for coverage under these or other funding sources shall be
eligible  for reimbursement under the medical assistance program for the
purposes of this act as  long  as  federal  financial  participation  is
available.
  5.  The  department  of  health shall provide an interim report to the
governor and the legislature on or before December 31, 2012 and a  final
report  on  or  before  December  31,  2014  on results of demonstration
programs. Both  reports  shall  include  findings  as  to  demonstration
programs'  cost  effectiveness,  including  the  cost of maintaining the
person in the community, funding sources, identification of  the  client
group  served,  programmatic  benefits  and  the  effect on the need for
hospital or residential health care facility beds. In the final  report,
the  department  of  health  shall  offer  recommendations as to whether
demonstration programs should be extended, modified, eliminated or  made
permanent.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed March 31, 2015.

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