Senate Bill S5217

2013-2014 Legislative Session

Relates to quality measurement, assurance and reporting under the state's mandatory enrollment policy

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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 14, 2013	referred to health

2013-S5217 (ACTIVE) - Details

See Assembly Version of this Bill:: A7309
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §4403-f, Pub Health L

2013-S5217 (ACTIVE) - Summary

Relates to quality measurement, assurance and reporting under the state's mandatory enrollment policy.

2013-S5217 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5217

TITLE OF BILL:  An act to amend the public health law, in relation to
quality measurement, assurance and reporting under the state's
mandatory enrollment policy; and providing for the repeal of such
provisions upon expiration thereof

PURPOSE:  The purpose of this bill is to require the Commissioner of
Health to convene a technical panel of representatives of managed long
term care plans, certified home health agencies, long term home health
care programs, licensed home care services agencies and state
association representatives thereof, along with such others with
demonstrated expertise in quality measurement and reporting as the
commissioner may deem appropriate, to assist and advise the
commissioner in identifying such quality metrics, health outcome data,
processes and reporting requirements.

SUMMARY OF PROVISIONS:

Section 1 amends section 4403-f of the public health law. The MLTC
statute is modified by amending the Commissioner's charge for
establishment of MLTC quality requirements by incorporating the advice
and assistance of a technical panel. The panel is composed of MLTC and
home care agency representatives under the counsel of other experts.
The role of the panel is to assist and advise the commissioner in
identifying the quality improvement measures, health outcomes data,

internal quality assessment processes, and reporting required by the
current section of law and specifically under the new redesign policy
for home care-managed care.

Section 2. sets a date of not later than December 31, 2013 for the
Commissioner of Health to convene and consider the recommendations of
the technical panel. Subsequently, the Commissioner would report to
the New York State Legislature by February 1, 2014 on the
Commissioner's actions related thereto.

Section 3 establishes an immediate effective date for the
implementation of the legislation which shall expire April 1, 2015.

JUSTIFICATION:  As the state moves to transition thousands of
infirmed, chronically ill, and disabled individuals into a new model
of care, the complexity of both the transition and patients' needs
compel the assessment and, as deemed necessary, the refinement of the
quality criteria and protocols applied in the newly established care
system.  In addition, the merged responsibilities of home care
providers and MLTCPs need clarification and possible refinement under
their now joint structure as they each function on their own distinct
standards and principles relating to quality.

This bill ensures that the evaluation of these quality requirements is
conducted under this new policy with the input and expertise of the
MLTCPs, home care providers, association representatives, and other
experts in the field of this process. Reporting to the Legislature on
the panel's advices and the Department's actions in response to such
advice would ensure that the correct data is being measured,
collected, reported, and further utilized for quality assurance and
enhancement purposes.


LEGISLATIVE HISTORY:  New bill

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:  This act shall take effect on immediately and shall
expire April 1, 2015.

2013-S5217 (ACTIVE) - Bill Text download pdf

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

                                  5217

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

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, in relation to  quality  measure-
  ment,  assurance  and reporting under the state's mandatory enrollment
  policy; and providing for the repeal of such provisions  upon  expira-
  tion thereof

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

  Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  7  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:
  (i) The commissioner shall promulgate regulations  to  implement  this
section  and  to ensure the quality, appropriateness and cost-effective-
ness of the services provided by  managed  long  term  care  plans.  The
commissioner  may waive rules and regulations of the department, includ-
ing but not limited to, those  pertaining  to  duplicative  requirements
concerning  record keeping, boards of directors, staffing and reporting,
when such waiver will promote the  efficient  delivery  of  appropriate,
quality, cost-effective services and when the health, safety and general
welfare of enrollees will not be impaired as a result of such waiver. In
order  to  achieve  managed  long term care plan system efficiencies and
coordination and to promote the objectives of high  quality,  integrated
and cost effective care, the commissioner may establish a single coordi-
nated  surveillance  process, allow for a comprehensive quality improve-
ment and review process to  meet  component  quality  requirements,  and
require  a  uniform  cost report. The commissioner shall require managed
long term care plans to utilize quality improvement measures,  based  on
health  outcomes data, for internal quality assessment processes and may
utilize such measures as part of  the  single  coordinated  surveillance
process.  IN  ADDITION,  IN  FURTHERANCE OF QUALITY MEASUREMENT AND CARE
FOLLOWING APPROVAL OF THE  WAIVER  AUTHORITY  FOR  MANDATORY  ENROLLMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10868-01-3

S. 5217                             2

UNDER SUBPARAGRAPH (I) OF PARAGRAPH (B) OF THIS SUBDIVISION, THE COMMIS-
SIONER  SHALL  CONVENE  A  TECHNICAL PANEL OF REPRESENTATIVES OF MANAGED
LONG TERM CARE PLANS, CERTIFIED HOME HEALTH  AGENCIES,  LONG  TERM  HOME
HEALTH  CARE  PROGRAMS,  LICENSED  HOME CARE SERVICES AGENCIES AND STATE
ASSOCIATION REPRESENTATIVES THEREOF, ALONG WITH SUCH OTHERS WITH  DEMON-
STRATED  EXPERTISE  IN  QUALITY MEASUREMENT AND REPORTING AS THE COMMIS-
SIONER MAY DEEM APPROPRIATE, TO ASSIST AND ADVISE  THE  COMMISSIONER  IN
IDENTIFYING  THE  QUALITY  IMPROVEMENT  MEASURES,  HEALTH OUTCOMES DATA,
INTERNAL QUALITY ASSESSMENT PROCESSES AND REPORTING REQUIRED UNDER  THIS
SECTION.
  S  2. The commissioner of health shall convene and consider the advice
of the technical panel established by section one of this act not  later
than  December  31,  2013,  and  by  no later than February 1, 2014, the
commissioner of health shall report to the legislature on  such  panel's
advice  and  on  the  actions  the  commissioner  of health has taken in
response to such advice.
  S 3. This act shall take effect immediately and shall expire April  1,
2015  when  upon  such  date  the provisions of this act shall be deemed
repealed.

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Senate Bill S5217

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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2013-S5217 (ACTIVE) - Details

2013-S5217 (ACTIVE) - Summary

2013-S5217 (ACTIVE) - Sponsor Memo

2013-S5217 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2013-S5217 (ACTIVE) - Details

2013-S5217 (ACTIVE) - Summary

2013-S5217 (ACTIVE) - Sponsor Memo

2013-S5217 (ACTIVE) - Bill Text download pdf

Comments