S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    620
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M. of A. GUNTHER, LIFTON, STECK, COOK, PALMESANO -- 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:
   § 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
 THE LACK OF AVAILABLE HEALTH PERSONNEL WITHIN THE  SERVICE  AREA  IS  AN
 OBSTACLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02595-01-7

 A. 620                              2
 
   (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.
   § 2. This act shall take effect immediately.