Senate Bill S4956

2013-2014 Legislative Session

Enacts the "telehealth continuity and integration act" to ensure the provision of and reimbursement for telehealth services provided by home health agencies and programs

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to health
May 01, 2013	referred to health

2013-S4956 (ACTIVE) - Details

See Assembly Version of this Bill:: A7440
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3614 & 4403-f, Pub Health L

2013-S4956 (ACTIVE) - Summary

Enacts the "telehealth continuity and integration act" to ensure the provision of and reimbursement for telehealth services provided by certified home health agencies, long term home health care programs, and licensed home care services agencies.

2013-S4956 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4956

TITLE OF BILL:  An act to amend the public health law, in relation to
the continuity and integration of the home telehealth program within
the home care-managed care system

PURPOSE OR GENERAL IDEA OF BILL:  To make conforming amendments to the
Home Telehealth Program and managed long term care (MLTC) statutes to
ensure the continuity and integration of the Telehealth program and
services in Medicaid's redesign to managed care.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 titles the legislation as the "Telehealth Continuity and
Integration Act."

Section 2 expresses the intent of the legislation: to amend the Home
Telehealth Program to enable its continuation and proper function
within the current redesign of the state's Medicaid program.

Section 3 amends subdivision 3-c of section 3614 of the public health
law, the Home Telehealth statute, to provide for the above referenced
intent.

Section 4 amends section 4403-f of the public health law, the MLTC
statute, to add the Home Telehealth Program as a service for MLTC

enrollees to be provided consistent with subdivision 3-c of section
3614 of the public health.

Section 5 adds Home Telehealth to the portion of the MLTC statute that
provides for a service's transition to managed care upon the
commissioner's approval of program features and reimbursement rates.
This section of the MLTC law exists to ensure that the enumerated
services are appropriately timed and supported in their inclusion
under managed care.

Section 6 establishes an immediate effective date for the bill,
provided that the amendments to paragraph (b) of subdivision 7 and
subdivision 10 of section 4403-f of the public health law, shall not
affect the expiration and reversion of such paragraph or the repeal of
such section, and shall expire and be deemed repealed therewith.

JUSTIFICATION:  Home Telehealth services have emerged as a vital
health care modality for the state's citizens, enabling new and
advanced technological methods of monitoring, 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. The provisions of this "Telehealth Continuity and Integration
Act" accomplish these changes, and in so doing, will help ensure the


program's current and immeasurable future benefit to the state's
citizens and overall health care system.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS:  Ensures the continuation of a highly
cost-effective service with the Medicaid program, whose cost-savings
will grow even further as the state enters its next phases of
Medicaid/Medicare system redesign.

EFFECTIVE DATE:  Immediately, provided that the amendments to
paragraph (b) of subdivision 7 and subdivision 10 of section 4403-f of
the public health law, shall not affect the expiration and reversion
of such paragraph or the repeal of such section, and shall expire and
be deemed repealed therewith.

2013-S4956 (ACTIVE) - Bill Text download pdf

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

                                  4956

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced by Sen. YOUNG -- (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 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
THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, PROVISION OF HOME

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10717-01-3

S. 4956                             2

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.

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Senate Bill S4956

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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2013-S4956 (ACTIVE) - Details

2013-S4956 (ACTIVE) - Summary

2013-S4956 (ACTIVE) - Sponsor Memo

2013-S4956 (ACTIVE) - Bill Text download pdf

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2013-S4956 (ACTIVE) - Details

2013-S4956 (ACTIVE) - Summary

2013-S4956 (ACTIVE) - Sponsor Memo

2013-S4956 (ACTIVE) - Bill Text download pdf

Comments