S T A T E O F N E W Y O R K
________________________________________________________________________
810
2015-2016 Regular Sessions
I N A S S E M B L Y
January 7, 2015
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Introduced by M. of A. GUNTHER, LIFTON, STECK, COOK, PALMESANO --
Multi-Sponsored by -- M. of A. DUPREY -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to creating a rural
home health flexibility program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3622 of the public health law, as renumbered by
section 22 of part C of chapter 58 of the laws of 2004, is renumbered
section 3623 and a new section 3622 is added to read as follows:
S 3622. RURAL HOME HEALTH FLEXIBILITY PROGRAM. 1. THE LEGISLATURE
FINDS AND DECLARES THAT THE PROVISION AND ACCESSIBILITY OF HOME HEALTH
CARE AND LONG TERM HOME HEALTH CARE PROGRAM SERVICES IN RURAL AREAS
NECESSITATES REGULATORY FLEXIBILITY IN ORDER FOR LIMITED RESOURCES TO BE
BEST UTILIZED AND MAXIMIZED TO MEET THE HEALTH CARE NEEDS OF RURAL CITI-
ZENS AND TO PROMOTE THE EFFICIENCY OF THE DELIVERY OF SERVICES IN RURAL
AREAS. THE LEGISLATURE THEREFORE ESTABLISHES A RURAL HOME HEALTH FLEXI-
BILITY PROGRAM FOR SUCH PURPOSES.
2. PURSUANT TO THE PURPOSES OF THIS SECTION, THE COMMISSIONER,
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR REGULATION, SHALL
CONSIDER FOR APPROVAL PROPOSALS FROM PROVIDERS OPERATING UNDER THIS
ARTICLE AND SERVING RURAL COUNTIES TO:
(A) CREATE AND OPERATE A LONG TERM HOME HEALTH CARE PROGRAM WHICH DOES
NOT PROVIDE ALL THE REQUIRED SERVICES SPECIFIED IN REGULATIONS OF THE
DEPARTMENT, PROVIDED THAT:
(I) THERE IS DEMONSTRATED NEED FOR SUCH PROGRAM IN THE SERVICE AREA;
AND
(II) THE APPLICANT TO PROVIDE SUCH PROGRAM DEMONSTRATES TO THE COMMIS-
SIONER'S SATISFACTION THAT SUCH APPLICANT HAS MADE, AND CONTINUES TO
MAKE, ALL APPROPRIATE EFFORTS TO PROVIDE ALL REQUIRED SERVICES BUT THAT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01654-01-5
A. 810 2
THE LACK OF AVAILABLE HEALTH PERSONNEL WITHIN THE SERVICE AREA IS AN
OBSTACLE.
(B) ESTABLISH OR OPERATE A CERTIFIED HOME HEALTH AGENCY OR LONG TERM
HOME HEALTH CARE PROGRAM WHICH SERVES A GEOGRAPHIC AREA LESS THAN AN
ENTIRE PLANNING AREA WHEN:
(I) NO OTHER PROVIDER OTHERWISE SERVES THE ENTIRE PLANNING AREA;
(II) COLLABORATIVE APPROACHES TO THE SERVICE OF CITIZENS IN THE PLAN-
NING AREA IS APPROPRIATE FOR FEASIBILITY AND EFFICIENCY; AND
(III) THE DEPARTMENT IS SATISFIED THAT SUCH COLLABORATION WILL RESULT
IN ACCESSIBLE AND ECONOMICALLY-FEASIBLE SERVICES WITHIN THE PLANNING
AREA.
(C) QUALIFY FOR HOME TELEHEALTH REIMBURSEMENT PURSUANT TO THIS ARTICLE
WHEN ALL OF THE CONDITIONS ORDINARILY REQUIRED FOR SUCH REIMBURSEMENT OR
SERVICES ARE UNABLE TO BE MET, PROVIDED THAT THE APPLICANT DEMONSTRATES,
AND CONTINUES TO UNDERTAKE, BEST EFFORTS TO MEET SUCH REQUIREMENTS AND
THAT THE QUALITY OR SAFETY OF PATIENT CARE WILL NOT BE DIMINISHED AS A
RESULT.
(D) BE EXEMPTED FROM THE APPLICABILITY OF A REGULATORY REQUIREMENT, OR
ANY PART THEREOF, THAT IMPOSES ADVERSE IMPACTS ON SUCH RURAL PROVIDERS
WHEN:
(I) SUCH IMPACTS HAVE BEEN IDENTIFIED BY THE DEPARTMENT PURSUANT TO
ARTICLE TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT; AND
(II) COMPLIANCE WITH SUCH REQUIREMENTS WOULD BE OVERLY BURDENSOME
BECAUSE OF THE CONSTRAINTS OR DEMANDS OF THE PROVIDER'S RURAL AREA, OR
THE PROVIDER'S RESOURCES.
(E) RECEIVE APPROVAL FOR SUCH OTHER AREAS OF FLEXIBILITY THE COMMIS-
SIONER IDENTIFIES, WITH THE ASSISTANCE OF THE WORKGROUP AUTHORIZED IN
SUBDIVISION THREE OF THIS SECTION, APPROPRIATE TO THE PURPOSES OF THIS
SECTION, INCLUDING PROPOSALS TO ENHANCE THE ADMINISTRATION, SERVICES AND
QUALITY OF CARE PROVIDED BY A HOME CARE AGENCY OR PROGRAM, PROVIDED THAT
SUCH FLEXIBILITY DOES NOT COMPROMISE THE QUALITY AND SAFETY OF SERVICES
PROVIDED.
3. THE COMMISSIONER SHALL CONVENE A TEMPORARY WORKGROUP COMPRISED OF
REPRESENTATIVES OF CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH
CARE PROGRAMS AND LICENSED HOME CARE SERVICES AGENCIES SERVING RURAL
COUNTIES, AS WELL AS RURAL CONSUMERS AND RURAL WORKFORCE REPRESEN-
TATIVES, TO ASSIST IN IDENTIFYING ADDITIONAL AREAS FOR FLEXIBILITY IN
THE DEPARTMENT'S RULES, REGULATIONS AND ADMINISTRATIVE REQUIREMENTS,
CONSISTENT WITH THE PURPOSES OF THIS SECTION.
S 2. This act shall take effect immediately.