senate Bill S3672

2011-2012 Legislative Session

Changes references to private duty nursing services to specialized nursing services

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 06, 2012 referred to health
delivered to assembly
passed senate
Mar 05, 2012 advanced to third reading
Mar 01, 2012 2nd report cal.
Feb 29, 2012 1st report cal.236
Jan 04, 2012 referred to health
returned to senate
died in assembly
Jun 06, 2011 referred to health
delivered to assembly
passed senate
Mar 10, 2011 advanced to third reading
Mar 09, 2011 2nd report cal.
Mar 08, 2011 1st report cal.193
Mar 01, 2011 referred to health

Votes

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Feb 29, 2012 - Health committee Vote

S3672
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Mar 8, 2011 - Health committee Vote

S3672
14
0
committee
14
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Co-Sponsors

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S3672 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §3614, Pub Health L; amd §§365-a, 365-f, 367-p & 367-r, Soc Serv L

S3672 - Bill Texts

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Changes references to private duty nursing services to specialized nursing services.

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BILL NUMBER:S3672

TITLE OF BILL:
An act
to amend the public health law and the social services law, in relation
to specialized nursing services

PURPOSE:
To ensure that certain references to "specialized nursing services" in
the public health law and the social services law accurately reflect
the nature of the services provided.

SUMMARY OF PROVISIONS:
Section one amends paragraph (c) of subdivision 11 of section 3614 of
the public health law to include specialized (PDN) nursing services.

Section two amends paragraphs (a) and (1) of subdivision (2) of
section 365-a of the social services law.

Section three amends paragraph (c) of subdivision (2) of section
365-f of the social services law.

Section four amends section 367-p of the social services law.

Sections five and six amend section 367-r of the social services law.

JUSTIFICATION:
The Medicaid Program delivers High-Tech Nursing Services through what
is currently described as the "Private Duty Nursing Program" (PDN).
This program provides disabled children and adults with skilled
nursing services in their homes. Many of these individuals rely on
technology and certain devices to maintain themselves at home and in
the community and include complex cases requiring specialized skills
or a large number of hours of care. These are two ofthe key
populations which continue to receive community-based services under
numerous nursing home diversion efforts.

The current terminology in the Public Health Law (PHL) and Social
Services Law (SSL), however, is antiquated and does not describe the
actual nature of the nursing services being provided to these
populations. This legislation would make technical amendments to the
PHL
and SSL to change the references to these services to "specialized
nursing services", which more accurately reflects the nature of the
services provided.

LEGISLATIVE HISTORY:
S.5429 of 2007-2008 (Passed Senate)

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take .effect immediately.

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

                                  3672

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 1, 2011
                               ___________

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

AN ACT to amend the public health law and the social  services  law,  in
  relation to specialized nursing services

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

  Section 1. Paragraph (c) of subdivision 11  of  section  3614  of  the
public health law, as added by section 5 of part C of chapter 109 of the
laws of 2006, is amended to read as follows:
  (c) Such rate adjustments shall be in the form of a uniform percentage
add-on  to  the  rates,  as  determined  by the department, based on the
proportion of the total allocated adjustment dollars, as  determined  in
paragraph  (b)  of  this subdivision, to the total medicaid expenditures
for services provided for certified home health agencies, long-term home
health  care  programs,  AIDS  nursing,  personal  care  assistants  and
[private  duty]  SPECIALIZED  nurses  services  in local social services
districts which do not  include  a  city  with  a  population  over  one
million.
  S  2.  Paragraphs (a) and (1) of subdivision 2 of section 365-a of the
social services law, paragraph (a) as amended by chapter 47 of the  laws
of  1996 and paragraph (1) as amended by chapter 81 of the laws of 1995,
are amended to read as follows:
  (a) services of qualified physicians, dentists, nurses,  and  [private
duty]  SPECIALIZED  nursing  services  shall  be  further subject to the
provisions of [section three hundred  sixty-seven-o  of]  this  chapter,
optometrists, and other related professional personnel;
  (l)  care  and  services  of podiatrists which care and services shall
only be provided upon referral by a  physician,  nurse  practitioner  or
certified  nurse  midwife  in  accordance  with the program of early and
periodic screening and diagnosis  established  pursuant  to  subdivision
three  of  this  section or to persons eligible for benefits under title

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09768-01-1

S. 3672                             2

XVIII of the federal social security act as qualified medicare benefici-
aries in accordance with  federal  requirements  therefor  and  [private
duty]  SPECIALIZED nurses which care and services shall only be provided
in  accordance  with  regulations of the department of health; provided,
however, that [private duty] SPECIALIZED nursing services shall  not  be
restricted  when  such  services are more appropriate and cost-effective
than nursing services provided by a  home  health  agency  [pursuant  to
section three hundred sixty-seven-l];
  S  3.  Paragraph  (c)  of subdivision 2 of section 365-f of the social
services law, as added by chapter 81 of the laws of 1995, is amended  to
read as follows:
  (c)  has  been determined by the social services district, pursuant to
an assessment of the person's appropriateness for the program, conducted
with an appropriate long term home health care program, a certified home
health agency, or an AIDS home care program or pursuant to the  personal
care  program,  as being in need of home care services or [private duty]
SPECIALIZED nursing and is able and willing or has a legal guardian able
and willing to make informed choices, or has designated  a  relative  or
other  adult who is able and willing to assist in making informed choic-
es, as to the type and quality of services, including but not limited to
such services as nursing care, personal care, transportation and respite
services; and
  S 4. Section 367-p of the social services law, as added by chapter  81
of the laws of 1995, is amended to read as follows:
  S  367-p.  Responsibilities  of  local  districts  for  personal  care
services, home care services and  [private  duty]  SPECIALIZED  nursing.
Consistent  with the provisions [of section three hundred sixty-seven-n]
of this title,  local  social  services  district  responsibilities  for
personal  care  services, home care services and [private duty] SPECIAL-
IZED nursing shall include the following:
  (a) local districts with programs which place  individuals  discharged
from  hospitals  solely into certified home health agencies shall ensure
that those individuals are reviewed for possible placement into personal
care services within two weeks of discharge and, if appropriate,  placed
into personal care services within four weeks thereof;
  (b)  each  local  district shall, by September first, nineteen hundred
ninety-five, review that plan of  care  for  every  recipient  receiving
personal  care on a continuous basis pursuant to [sections three hundred
sixty-seven-k and three hundred sixty-seven-l of] this title;
  (c) each local district shall ensure access  to  a  consumer  directed
personal  assistance  program operated pursuant to section three hundred
sixty-five-f of this title is available in the district to allow persons
receiving home care pursuant to this title to directly arrange  and  pay
for such care; and
  (d)  local  districts  shall not restrict, and shall not be restricted
from approving, the provision of [private duty] SPECIALIZED  nursing  as
an  alternative  to  nursing  services  provided by a home health agency
where appropriate and cost-effective [pursuant to section three  hundred
sixty-seven-l].
  S  5.  Section 367-r of the social services law, as amended by section
58-a of part A of chapter 57 of the laws of  2006,  subdivision  1-a  as
amended  by  section 10 of part C of chapter 109 of the laws of 2006, is
amended to read as follows:
  S 367-r. [Private duty] SPECIALIZED nursing services  worker  recruit-
ment and retention program. 1. The commissioner of health shall, subject
to  the  provisions of subdivision two of this section and to the avail-

S. 3672                             3

ability of federal financial participation, increase medical  assistance
rates  of  payment  by  three percent for services provided on and after
December first, two thousand two, for [private duty] SPECIALIZED nursing
services  for  the  purposes  of  improving recruitment and retention of
[private duty] SPECIALIZED nurses.
  1-a. Medically fragile children. In addition, the  commissioner  shall
further  increase  rates for [private duty] SPECIALIZED nursing services
that are provided to medically fragile children to ensure the availabil-
ity of such services to such children. In establishing rates of  payment
under  this  subdivision,  the  commissioner  shall  consider  the  cost
neutrality of such rates as related to the cost effectiveness of  caring
for  medically  fragile  children  in  a  non-institutional  setting  as
compared to an institutional setting. Medically fragile children  shall,
for the purposes of this subdivision, have the same meaning as in subdi-
vision  three-a  of  section  thirty-six  hundred fourteen of the public
health law.  Such increased rates for services rendered to such children
may take into consideration the elements of cost, geographical differen-
tials in the elements of cost considered, economic factors in  the  area
in  which  the  [private  duty] SPECIALIZED nursing service is provided,
costs associated with the provision of [private duty] SPECIALIZED  nurs-
ing  services to medically fragile children, and the need for incentives
to improve services and institute economies  and  such  increased  rates
shall be payable only to those [private duty] SPECIALIZED nurses who can
demonstrate,  to the satisfaction of the department of health, satisfac-
tory training and experience to provide services to such children.  Such
increased rates shall be determined based on application of the case mix
adjustment  factor  for  AIDS home care program services rates as deter-
mined pursuant to applicable regulations of the  department  of  health.
The  commissioner may promulgate regulations to implement the provisions
of this subdivision.
  2. [Private duty] SPECIALIZED nursing services  providers  which  have
their rates adjusted pursuant to this section shall use such funds sole-
ly  for  the  purposes  of  recruitment  and retention of [private duty]
SPECIALIZED nurses or to ensure the delivery of [private duty]  SPECIAL-
IZED  nursing  services to medically fragile children and are prohibited
from using such funds for any other purpose. Funds provided  under  this
section are not intended to supplant support provided by a local govern-
ment.  Each  such provider, with the exception of self-employed [private
duty] SPECIALIZED nurses, shall submit, at a time and in a manner to  be
determined  by  the  commissioner  of  health,  a  written certification
attesting that such funds  will  be  used  solely  for  the  purpose  of
recruitment  and  retention  of  [private duty] SPECIALIZED nurses or to
ensure the delivery of [private duty] SPECIALIZED  nursing  services  to
medically  fragile children. The commissioner of health is authorized to
audit each such provider to ensure compliance with the  written  certif-
ication  required  by this subdivision and shall recoup all funds deter-
mined to  have  been  used  for  purposes  other  than  recruitment  and
retention  of  [private  duty]  SPECIALIZED  nurses  or  the delivery of
[private duty] SPECIALIZED nursing services to medically  fragile  chil-
dren.  Such  recoupment  shall  be  in  addition  to any other penalties
provided by law.
  S 6. This act shall take effect immediately.

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