S T A T E O F N E W Y O R K
________________________________________________________________________
9318
I N A S S E M B L Y
February 18, 2016
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law and the social services law, in
relation to the authority of nurse practitioners and physician assist-
ants to prescribe certain services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 4, 5 and 14 of section 3602 of the public
health law, subdivisions 4 and 5 as amended by chapter 376 of the laws
of 2015, subdivision 14 as added by chapter 622 of the laws of 1988, are
amended to read as follows:
4. "Home health aide services" means simple health care tasks,
personal hygiene services, housekeeping tasks essential to the patient's
health and other related supportive services. Such services shall be
prescribed by a physician, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT,
ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE UNDER TITLE EIGHT OF
THE EDUCATION LAW, in accordance with a plan of treatment for the
patient and shall be under the supervision of a registered professional
nurse from a certified home health agency or, when appropriate, from a
provider of a long term home health care program and of the appropriate
professional therapist from such agency or provider when the aide
carries out simple procedures as an extension of physical, speech or
occupational therapy. [Such services may also be prescribed or ordered
by a nurse practitioner to the extent authorized by law and consistent
with subdivision three of section six thousand nine hundred two of the
education law and not prohibited by federal law or regulation.]
5. "Personal care services" means services to assist with personal
hygiene, dressing, feeding and household tasks essential to the
patient's health. Such services shall be prescribed by a physician,
NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT, ACTING WITHIN HIS OR HER
LAWFUL SCOPE OF PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, in
accordance with a plan of home care supervised by a registered profes-
sional nurse. [Such services may also be prescribed or ordered by a
nurse practitioner to the extent authorized by law and consistent with
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13497-03-6
A. 9318 2
subdivision three of section six thousand nine hundred two of the educa-
tion law and not prohibited by federal law or regulations.]
14. "AIDS home care program" means a coordinated plan of care and
services provided at home to persons who are medically eligible for
placement in a hospital or residential health care facility and who (a)
are diagnosed by a physician as having acquired immune deficiency
syndrome (AIDS), or (b) are deemed by a physician, [within his judg-
ment,] NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT, ACTING WITHIN HIS OR
HER LAWFUL SCOPE OF PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, to
be infected with the etiologic agent of acquired immune deficiency
syndrome, and who has an illness, infirmity or disability which can be
reasonably ascertained to be associated with such infection. Such
program shall be provided only by a provider of a long term home health
care program specifically authorized pursuant to this article to provide
an AIDS home care program or by an AIDS center, as defined in regu-
lations promulgated by the commissioner, specifically authorized pursu-
ant to this article to provide an AIDS home care program. Such program
shall be provided in the person's home or in the home of a responsible
relative, other responsible adult, adult care facilities specifically
approved to admit or retain residents for such program, or in other
residential settings as approved by the commissioner in conjunction with
the commissioner of social services. Such program shall provide services
including, but not be limited to, the full complement of health, social
and environmental services provided by long term home health care
programs in accordance with regulations promulgated by the commissioner.
Such programs shall also provide such other services as required by the
commissioner to assure appropriate care at home for persons eligible
under this section.
S 2. Paragraph (d) and subparagraph (i) of paragraph (e) of subdivi-
sion 2 of section 365-a of the social services law, paragraph (d) as
amended by chapter 59 of the laws of 1993, subparagraph (i) of paragraph
(e) as amended by section 36-a of part B of chapter 57 of the laws of
2015, are amended to read as follows:
(d) home health services provided in a recipient's home and prescribed
by a physician, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT, ACTING WITH-
IN HIS OR HER LAWFUL SCOPE OF PRACTICE UNDER TITLE EIGHT OF THE EDUCA-
TION LAW, including services of a nurse provided on a part-time or
intermittent basis rendered by an approved home health agency or if no
such agency is available, by a registered nurse, licensed to practice in
this state, acting under the written orders of a physician, NURSE PRAC-
TITIONER, OR PHYSICIAN ASSISTANT, ACTING WITHIN HIS OR HER LAWFUL SCOPE
OF PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, and home health aide
service by an individual or shared aide provided by an approved home
health agency when such services are determined to be cost effective and
appropriate to meet the recipient's needs for assistance subject to the
[provisions] PROVISION of [section three hundred sixty-seven-j and]
section three hundred sixty-seven-o of this title. THE AUTHORITY OF A
NURSE PRACTITIONER OR PHYSICIAN ASSISTANT TO PRESCRIBE OR ORDER THE
PROVIDING OF SERVICES UNDER THIS PARAGRAPH SHALL NOT APPLY UNLESS THERE
WOULD BE FEDERAL FINANCIAL PARTICIPATION FOR SERVICES SO PRESCRIBED OR
ORDERED. THE COMMISSIONER OF HEALTH SHALL, IF NECESSARY TO OBTAIN SUCH
FEDERAL FINANCIAL PARTICIPATION, APPLY FOR WAIVER OR OTHER AUTHORITY;
(i) personal care services, including personal emergency response
services, shared aide and an individual aide, subject to the provisions
of subparagraphs (ii), (iii), and (iv) of this paragraph, furnished to
an individual who is not an inpatient or resident of a hospital, nursing
A. 9318 3
facility, intermediate care facility for the mentally retarded, or
institution for mental disease, as determined to meet the recipient's
needs for assistance when cost effective and appropriate, and when
prescribed by a physician, NURSE PRACTITIONER, OR PHYSICIAN ASSISTANT,
ACTING WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE UNDER TITLE EIGHT OF
THE EDUCATION LAW, in accordance with the recipient's plan of treatment
and provided by individuals who are qualified to provide such services,
who are supervised by a registered nurse and who are not members of the
recipient's family, and furnished in the recipient's home or other
location. THE AUTHORITY OF A NURSE PRACTITIONER OR PHYSICIAN ASSISTANT
TO PRESCRIBE OR ORDER THE PROVIDING OF SERVICES UNDER THIS PARAGRAPH
SHALL NOT APPLY UNLESS THERE WOULD BE FEDERAL FINANCIAL PARTICIPATION
FOR SERVICES SO PRESCRIBED OR ORDERED. THE COMMISSIONER OF HEALTH SHALL,
IF NECESSARY TO OBTAIN SUCH FEDERAL FINANCIAL PARTICIPATION, APPLY FOR
WAIVER OR OTHER AUTHORITY;
S 3. This act shall take effect on the sixtieth day after it shall
have become a law, provided that the commissioner of health may make
regulations pertaining thereto on or before such effective date.