senate Bill S2390

2013-2014 Legislative Session

Relates to certified home health agencies

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Archive: Last Bill Status - In Committee


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

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Jan 17, 2013 referred to health

S2390 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd ยง3608, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3601A
2009-2010: S8393

S2390 - Bill Texts

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Relates to certified home health agencies.

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BILL NUMBER:S2390

TITLE OF BILL: An act to amend the public health law, in relation to
certified home health agencies

PURPOSE:
To allow special needs certified home health agencies to enroll any
patient determined to require certified home health agency services
under certain circumstances and thereby achieve state Medicaid savings
through market efficiencies.

SUMMARY OF PROVISIONS:
Amends section 3608 of the public health law to provide that a
certified home health agency (CHHA's) which has been issued a
certificate of approval for the purpose of serving individuals
eligible for care in a facility or program licensed by the Office of
Mental Health or the Office of Mental Retardation and Developmental
Disabilities may enroll any patient determined to require certified
home health agency services if such agency:

- possesses demonstrated clinical expertise in the required treatment;
- continues to market, accept and treat members of the special needs
population;
- contracts with the Department of Health to maintain rates at
specified levels.

JUSTIFICATION:
Special-needs CHHAs provide high quality care at lower rates than
CHHAs that serve the general population. Currently by, DOH policy,
special needs CHHAs are restricted in their outreach and marketing
efforts to special-needs individuals, but may service the general
public. The result is a bifurcated, confusing marketplace that has
negatively influenced competition with the effect of a substantial
percentage of the Medicaid population not utilizing the lower-cost
model of care.

Expanding the scope of the population that they serve will result in
significant Medicaid savings.

Special-needs CHHAs were established for the special purpose of
delivering Medicaid covered home care services to individuals who
otherwise would require more costly institutionalized services by the
Office of Mental Health ("OMH") or by the Office of Mental Retardation
Developmental Disabilities ("OMRDD"). In this legislation, special
needs CHHAs will continue to be required to develop and maintain
special care protocols, training and vendor relationships tailored to
the population that such CHHA was originally established to service.

Allowing special-needs CHHAs to compete with general-purpose CHHAs
without restriction, will yield millions of dollars in savings to the
State Medicaid budget effective immediately. Special-needs CHHAs have
demonstrated that they have a formula whether measured either from the
prospective of low rates, operational efficiencies or compassionate
care. The State should make this model available to the general public
without restriction or delay.


PRIOR LEGISLATIVE HISTORY:
2010: A.11581/S.8393 Held in Rules

FISCAL IMPLICATIONS:
Fiscal year 2010/2011 state Medicaid savings of $1 million to $3
million; Fiscal year 2001/2012 savings could approach $10 million.

EFFECTIVE DATE:
Immediately.

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

                                  2390

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  certified  home
  health agencies

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

  Section 1. Section 3608 of the public health law is amended by  adding
a new subdivision 7 to read as follows:
  7.  A  CERTIFIED  HOME  HEALTH AGENCY IN OPERATION AS OF THE EFFECTIVE
DATE OF THIS SUBDIVISION AND ISSUED A CERTIFICATE  OF  APPROVAL  BY  THE
COMMISSIONER FOR THE PURPOSE OF SERVING INDIVIDUALS ELIGIBLE FOR CARE IN
A  FACILITY  OR  PROGRAM  LICENSED BY THE OFFICE OF MENTAL HEALTH OR THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES OR AS A SPECIAL  PILOT
PROGRAM  HOME  HEALTH AGENCY IS AUTHORIZED BY VIRTUE OF SUCH CERTIFICATE
TO ENROLL ANY PATIENT DETERMINED TO REQUIRE CERTIFIED HOME HEALTH AGENCY
SERVICES; PROVIDED, HOWEVER, THAT SUCH AGENCY (A) POSSESSES DEMONSTRATED
CLINICAL EXPERTISE IN THE TREATMENT OF THE POPULATION SPECIFIED  IN  ITS
CERTIFICATE  OF APPROVAL, (B) CONTINUES TO MARKET, ACCEPT FOR ENROLLMENT
AND TREAT MEMBERS OF SUCH POPULATION, AND (C) ENTERS INTO  AN  AGREEMENT
WITH THE COMMISSIONER THAT DURING THE PERIOD JANUARY FIRST, TWO THOUSAND
FOURTEEN  THROUGH  DECEMBER  THIRTY-FIRST, TWO THOUSAND FOURTEEN AND FOR
EACH CALENDAR YEAR PERIOD COMMENCING ON JANUARY FIRST THEREAFTER,  RATES
OF  PAYMENT  BY GOVERNMENTAL AGENCIES ESTABLISHED BY THE COMMISSIONER IN
ACCORDANCE WITH THE RATE-SETTING METHODOLOGY THEN IN EFFECT FOR SERVICES
BY SUCH CERTIFIED HOME HEALTH AGENCY TO INDIVIDUALS ELIGIBLE FOR MEDICAL
ASSISTANCE PURSUANT TO TITLE  ELEVEN  OF  ARTICLE  FIVE  OF  THE  SOCIAL
SERVICES  LAW  SHALL NOT EXCEED THE AVERAGE OF SUCH RATES OF PAYMENT FOR
CERTIFIED HOME HEALTH AGENCIES CLASSIFIED IN THE  DOWNSTATE  REGION,  AS
DEFINED  BY  REGULATIONS  PROMULGATED  PURSUANT  TO  SECTION  THIRTY-SIX
HUNDRED TWELVE OF THIS ARTICLE OR SUCCESSOR LEGISLATION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05548-01-3

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