S T A T E O F N E W Y O R K
________________________________________________________________________
5447
2011-2012 Regular Sessions
I N S E N A T E
May 24, 2011
___________
Introduced by Sens. YOUNG, O'MARA, BRESLIN, KENNEDY -- (at request of
the Legislative Commission on Rural Resources) -- read twice and
ordered printed, and when printed to be committed to the Committee on
Health
AN ACT to amend the public health law, in relation to facilitating
access to the health occupation and workplace demonstration program
for home care providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 3 of section 2807-h of the public health
law, as amended by chapter 255 of the laws of 1994, are amended to read
as follows:
1. The commissioner shall authorize health occupation development and
workplace demonstration programs and is directed to make rate adjust-
ments, subject to the availability of funds therefor, to cover the costs
of such programs; PROVIDED THAT THE COMMISSIONER MAY ALSO AUTHORIZE SUCH
PROGRAMS WITHOUT SUCH RATE ADJUSTMENTS, UPON APPLICATION BY PROVIDERS,
TO PROMOTE THE HEALTH OCCUPATION DEVELOPMENT AND WORKPLACE IMPROVEMENT
PURPOSES SPECIFIED IN THIS SECTION. Providers shall be eligible for
rate adjustments to develop, implement and evaluate programs to test new
models of organization and delivery of services, and the use of new
technologies to improve efficiency, utilization and productivity of
existing health care personnel; to reduce time that patient care staff
spend meeting documentation requirements; and to improve the recruitment
and retention of health personnel. Eligible providers shall consult with
staff, professional associations, unions and other affected organiza-
tions in the development of proposals. The commissioner is authorized to
waive, modify or suspend the respective provisions of rules and regu-
lations promulgated pursuant to this chapter OR THE SOCIAL SERVICES LAW
if the commissioner determines that such waiver, modification or suspen-
sion is necessary for the successful implementation of a demonstration
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11307-01-1
S. 5447 2
program and provided that the commissioner determines that the health,
safety and general welfare of people receiving health care under such
demonstration program will not be impaired as a result of such waiver,
modification or suspension. The commissioner shall consult with the
professional associations appropriate to the rule or regulation proposed
for waiver, modification or suspension prior to approval or disapproval
of the program. Such waiver, modification or suspension may be granted
for up to two years, OR SUCH LONGER PERIOD AS MAY BE NECESSARY TO
SUPPORT THE PURPOSES OF THE DEMONSTRATION PROGRAM. Waivers, modifica-
tions and suspensions granted under this subdivision must be specific to
the program approved by this subdivision.
3. The commissioner shall conduct evaluations of the health occupation
development and workplace demonstration programs and shall report his
findings to the governor and the chairs of the senate and assembly
committees on health. Such evaluations shall include an examination of
the effectiveness of the program to improve productivity, efficiency,
development and utilization of personnel. Such report shall be due on
April thirtieth, nineteen hundred ninety-five, ON JANUARY FIRST, TWO
THOUSAND THIRTEEN, AND BIENNIALLY THEREAFTER. TO FACILITATE THE COMMIS-
SIONER'S EVALUATIONS AND REPORTS, PROVIDERS IMPLEMENTING HEALTH OCCUPA-
TION DEVELOPMENT AND WORKPLACE DEMONSTRATION PROGRAMS SHALL EXAMINE THE
EFFECTIVENESS OF THEIR PROGRAM AND REPORT THEIR EXPERIENCES TO THE
COMMISSIONER.
S 2. Subdivision 6 of section 3614 of the public health law, as
amended by chapter 255 of the laws of 1994, is amended to read as
follows:
6. Subject to the [availability of funds] PROVISIONS OF SECTION TWEN-
TY-EIGHT HUNDRED SEVEN-H OF THIS CHAPTER, the commissioner shall author-
ize health occupation development and workplace demonstration programs
[pursuant to the provisions of section twenty-eight hundred seven-h of
this chapter] for certified home health agencies, long term home health
care programs [and], AIDS home care programs AND LICENSED HOME CARE
SERVICES AGENCIES, and, SUBJECT TO THE AVAILABILITY OF FUNDS, the
commissioner is hereby directed to make rate adjustments to cover the
cost of such programs.
S 3. This act shall take effect immediately, provided, that the amend-
ments to subdivisions 1 and 3 of section 2807-h of the public health
law, made by section one of this act, shall not affect the expiration
and reversion of such section and shall expire therewith, and provided,
further, that the amendments to subdivision 6 of section 3614 of the
public health law, made by section two of this act, shall not affect the
expiration and reversion of such subdivision and shall expire therewith.
