S T A T E O F N E W Y O R K
________________________________________________________________________
3427
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
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Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Health
AN ACT to amend the social services law, in relation to requiring
patient's health home to use the adverse childhood experience ques-
tionnaire in assessing the patient's health risks and to making Medi-
caid reimbursement of primary care providers contingent upon the use
of the adverse childhood experience questionnaire; and to require the
commissioner of health to submit reports to the senate and assembly
health committees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The social services law is amended by adding two new
sections 365-l-1 and 365-l-2 to read as follows:
§ 365-L-1. STANDARDS FOR PROVISION OF HEALTH HOME SERVICES TO MEDICAID
ENROLLEES WITH CHRONIC CONDITIONS. CONSISTENT WITH FEDERAL LAW TO ENSURE
FEDERAL FINANCIAL PARTICIPATION, A HEALTH CARE PROFESSIONAL PROVIDING A
PATIENT'S HEALTH HOME SHALL:
1. PROVIDE COMPREHENSIVE PREVENTION AND DISEASE SCREENING FOR HIS OR
HER PATIENTS AND MANAGING HIS OR HER PATIENTS' CHRONIC CONDITIONS BY
COORDINATING CARE;
2. ENABLE PATIENTS TO HAVE ACCESS TO PERSONAL HEALTH INFORMATION
THROUGH A SECURE MEDIUM, SUCH AS THROUGH THE INTERNET, CONSISTENT WITH
FEDERAL HEALTH INFORMATION TECHNOLOGY STANDARDS;
3. COLLABORATE WITH THE COMMUNITY HEALTH TEAMS, INCLUDING BY DEVELOP-
ING AND IMPLEMENTING A COMPREHENSIVE PLAN FOR PARTICIPATING PATIENTS;
4. UTILIZE THE ADVERSE CHILDHOOD EXPERIENCE QUESTIONNAIRE IN ASSESSING
A PATENT'S HEALTH AND HEALTH RISKS;
5. ENSURE ACCESS TO A PATIENT'S MEDICAL RECORDS BY THE COMMUNITY
HEALTH TEAM MEMBERS IN A MANNER COMPLIANT WITH THE HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT, 12 V.S.A. § 1612, AND 21 V.S.A. §
516; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04713-01-7
A. 3427 2
6. MEET REGULARLY WITH THE COMMUNITY HEALTH TEAM TO ENSURE INTEGRATION
OF A PARTICIPATING PATIENT'S CARE.
§ 365-L-2. ADVERSE CHILDHOOD EXPERIENCE QUESTIONNAIRE. 1. REIMBURSE-
MENT FOR PRIMARY CARE PROVIDED TO A MEDICAID PATIENT SHALL BE CONTINGENT
UPON THE PROVIDER'S USE OF THE ADVERSE CHILDHOOD EXPERIENCE QUESTION-
NAIRE (ACE-IQ) FOR THE PURPOSE OF ASSESSING THE PATIENT'S HEALTH RISKS.
AS USED IN THIS SECTION, "PRIMARY CARE" MEANS HEALTH SERVICES PROVIDED
BY HEALTH CARE PROFESSIONALS TO IDENTIFY AND TREAT ASYMPTOMATIC INDIVID-
UALS WHO HAVE RISK FACTORS OR PRECLINICAL DISEASE, BUT IN WHOM THE
DISEASE IS NOT CLINICALLY APPARENT, INCLUDING IMMUNIZATIONS AND SCREEN-
ING, COUNSELING, TREATMENT, AND MEDICATION DETERMINED BY SCIENTIFIC
EVIDENCE TO BE EFFECTIVE IN PREVENTING OR DETECTING A CONDITION.
§ 2. On or before December 15, 2017, the commissioner of health shall
submit a report to the senate and assembly health committees containing
recommendations on the following:
(a) whether and how trauma-informed care could be more widely incorpo-
rated into the practice of medicine throughout New York state; and
(b) whether and how the use of the advance childhood experience ques-
tionnaire and other preventive medical services could be expanded
throughout New York state.
§ 3. This act shall take effect on the first of July next succeeding
the date upon which it shall have become a law.