S T A T E O F N E W Y O R K
________________________________________________________________________
7440
2013-2014 Regular Sessions
I N A S S E M B L Y
May 16, 2013
___________
Introduced by M. of A. MORELLE, GABRYSZAK, SCHIMMINGER, COOK, LAVINE,
HOOPER, McDONALD -- Multi-Sponsored by -- M. of A. ARROYO, GIBSON,
MOYA, RIVERA, ROBINSON, SWEENEY, WEISENBERG -- read once and referred
to the Committee on Health
AN ACT to amend the public health law, in relation to the continuity and
integration of the home telehealth program within the home care-man-
aged care system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be referred
to as the "telehealth continuity and integration act".
S 2. Legislative intent. The legislature finds that home telehealth
services are emerging as a vital health care modality for the state's
residents, enabling new and advanced technological methods of monitor-
ing, management and self-management of patient health at home. Both
empirical and descriptive studies provide clear and mounting evidence of
home telehealth's capacity for achieving improved patient outcomes,
system-wide cost-effectiveness and overall more appropriate
institutional/non-institutional health resource use.
As the state's health care system shifts to a managed care paradigm,
complementary changes to the home telehealth program are necessary to
enable it to continue and properly function within this evolving system.
In view of the current and potential future benefits of the home tele-
health program to the state's citizens and overall health care system,
the legislature declares this act to be a priority of the state's health
care actions.
S 3. Subdivision 3-c of section 3614 of the public health law is
amended by adding a new paragraph (f) to read as follows:
(F) NOTWITHSTANDING SUBDIVISION THIRTEEN OF THIS SECTION, SUBPARAGRAPH
(I) OF PARAGRAPH (B) OF SUBDIVISION SEVEN OF SECTION FORTY-FOUR HUNDRED
THREE-F OF THIS CHAPTER OR PARAGRAPH (E) OF SUBDIVISION THREE OF SECTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10717-01-3
A. 7440 2
THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, PROVISION OF HOME
TELEHEALTH SERVICES AND REIMBURSEMENT FOR SUCH SERVICES SHALL CONTINUE
TO BE AUTHORIZED FOR CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME
HEALTH CARE PROGRAMS AND LICENSED HOME CARE SERVICES AGENCIES PURSUANT
TO THIS SUBDIVISION.
S 4. Clauses 11 and 12 of subparagraph (v) of paragraph (b) of subdi-
vision 7 of section 4403-f of the public health law are renumbered
clauses 12 and 13, and a new clause 11 is added to read as follows:
(11) A PERSON RECEIVING HOME TELEHEALTH SERVICES PURSUANT TO SUBDIVI-
SION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAPTER;
S 5. Subdivision 10 of section 4403-f of the public health law, as
amended by section 41-b of part H of chapter 59 of the laws of 2011, is
amended to read as follows:
10. Notwithstanding any inconsistent provision to the contrary, the
enrollment and disenrollment process and services provided or arranged
by all operating demonstrations or any program that receives designation
as a Program of All-Inclusive Care for the Elderly (PACE) as authorized
by federal public law 105-33, subtitle I of title IV of the Balanced
Budget Act of 1997, must meet all applicable federal requirements.
Services may include, but need not be limited to, housing, inpatient and
outpatient hospital services, nursing home care, home health care, adult
day care, assisted living services provided in accordance with article
forty-six-B of this chapter, adult care facility services, enriched
housing program services, hospice care, respite care, personal care,
homemaker services, diagnostic laboratory services, therapeutic and
diagnostic radiologic services, emergency services, emergency alarm
systems, home delivered meals, physical adaptations to the client's
home, physician care (including consultant and referral services),
ancillary services, case management services, transportation, and
related medical services. SERVICES TO ENROLLEES MAY ALSO INCLUDE HOME
TELEHEALTH SERVICES; PROVIDED, HOWEVER, THAT SUCH SERVICES SHALL BE
PROVIDED AND REIMBURSED PURSUANT TO THE PROVISIONS OF SUBDIVISION
THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAPTER.
S 6. This act shall take effect immediately, provided that the amend-
ments to paragraph (b) of subdivision 7 and subdivision 10 of section
4403-f of the public health law, made by sections four and five of this
act, respectively, shall not affect the expiration and reversion of such
paragraph or the repeal of such section, and shall expire and be deemed
repealed therewith.