senate Bill S6439

2013-2014 Legislative Session

Provides for cost allowances for investments in technology infrastructure for certain home health care programs

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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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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2014 referred to health

S6439 - Bill Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §3614, Pub Health L; amd §1680-j, Pub Auth L

S6439 - Bill Texts

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Provides for cost allowances for strategic capital investments in technology infrastructure for certain home health care programs.

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BILL NUMBER:S6439

TITLE OF BILL: An act to amend the public health law and the public
authorities law, in relation to cost allowances for strategic capital
investments for technology infrastructure of certain home health care
programs

PURPOSE OR GENERAL IDEA OF BILL:

To provide capital financing for home care telemedicine
infrastructure.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends § 3614 of the Public Health Law to include an
allowance for the costs of strategic capital investment in the
Medicaid reimbursement rates for certified home health agencies, long
term home health care programs and AIDS home care programs. Such costs
would include investments in information technology, electronic
medical records, disease management technology, medication management
technology and other investments related to technology infrastructure.

Section two amends § 1680-j of the Public Authorities Law (HEAL NY) to
earmark $50M, out of the $750M program to finance the home care
capital provided for in section one of the bill.

JUSTIFICATION:

This legislation complements the current policies of the State to
shift the health system toward home and community-based care, support
technology.development and integration and comply with the Supreme
Court's Olmstead decision requiring the provision of care in the least
restrictive environments.

PRIOR LEGISLATIVE HISTORY:

2007-08: A8544 - referred to Corporations committee
2009-10: A1804 - referred to Corporations committee
2011-2012: A.1542 - referred to Corporations committee

FISCAL IMPLICATIONS:

$50 million from existing sources.

EFFECTIVE DATE:

The bill would take effect April 1, succeeding the date it shall have
become law.

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

                                  6439

                            I N  S E N A T E

                            January 24, 2014
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law and the public authorities law, in
  relation to cost allowances  for  strategic  capital  investments  for
  technology infrastructure of certain home health care programs

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

  Section 1. Section 3614 of the public health law is amended by  adding
a new subdivision 3-b to read as follows:
  3-B.  STRATEGIC  CAPITAL  INVESTMENT  ALLOWANCES.  (A) FOR ANNUAL RATE
PERIODS ON AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, IN DETERMINING
THE PROPOSED RATE SCHEDULES FOR PAYMENTS FOR CERTIFIED HOME HEALTH AGEN-
CY SERVICES OR SERVICES PROVIDED BY LONG TERM HOME HEALTH CARE  PROGRAMS
OR AIDS HOME CARE PROGRAMS, THE COMMISSIONER SHALL INCLUDE IN SUCH RATES
AN  ALLOWANCE  FOR  COSTS  INCURRED FOR STRATEGIC CAPITAL INVESTMENTS BY
SUCH AGENCIES AND PROGRAMS IN INFORMATION TECHNOLOGY, ELECTRONIC MEDICAL
RECORDS, DISEASE MANAGEMENT TECHNOLOGY, MEDICATION MANAGEMENT TECHNOLOGY
AND OTHER INVESTMENTS RELATED TO THEIR  TECHNOLOGY  INFRASTRUCTURE.  THE
PURPOSE  OF  SUCH  ALLOWANCE  SHALL  BE  TO IMPROVE THE QUALITY OF CARE,
IMPROVE THE COST-EFFECTIVE OPERATION OF SUCH AGENCIES AND  PROGRAMS  AND
FACILITATE THE FULFILLMENT OF THE STATE'S HEALTH CARE GOALS. SUCH ALLOW-
ANCE SHALL BE FACTORED IN AS A COMPONENT OF THE RATE SCHEDULE AFTER, AND
SHALL NOT BE SUBJECT TO, THE APPLICATION OF ANY ADJUSTMENTS, CEILINGS OR
LIMITATIONS ON SUCH RATE SCHEDULES.
  (B)  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF LAW OR REGULATION,
THE ALLOWANCES PROVIDED FOR IN PARAGRAPH (A) OF THIS  SUBDIVISION  SHALL
BE  SUBJECT  TO  AMOUNTS  AS  MAY  BE ALLOCATED OR APPROPRIATED FOR SUCH
PURPOSES.
  S 2. The opening paragraph of section 1680-j of the public authorities
law, as amended by section 54 of part B of chapter 58  of  the  laws  of
2005, is amended to read as follows:
  Notwithstanding any other provision of law to the contrary, the dormi-
tory  authority  of  the state of New York is hereby authorized to issue
bonds or notes in one or more series in an  aggregate  principal  amount

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00942-02-4

S. 6439                             2

not to exceed seven hundred fifty million dollars excluding bonds issued
to fund one or more debt service reserve funds, to pay costs of issuance
of  such  bonds,  and bonds or notes issued to refund or otherwise repay
such  bonds  or  notes  previously issued, for the purposes of financing
project costs authorized under section twenty-eight hundred eighteen  of
the  public health law. Of such seven hundred fifty million dollars, ten
million dollars shall be made available to the community health  centers
capital  program  established  pursuant  to section twenty-eight hundred
seventeen of the public health law, AND FIFTY MILLION DOLLARS  SHALL  BE
MADE  AVAILABLE TO CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH
CARE PROGRAMS AND AIDS HOME CARE PROGRAMS FOR STRATEGIC CAPITAL  INVEST-
MENTS  PURSUANT  TO  SUBDIVISION  THREE-B  OF SECTION THIRTY-SIX HUNDRED
FOURTEEN OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.

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