S T A T E O F N E W Y O R K
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5674
2017-2018 Regular Sessions
I N S E N A T E
April 25, 2017
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Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to enacting the "home
health information and clinical technology act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "home health information and clinical technology act".
§ 2. The public health law is amended by adding a new section 3623 to
read as follows:
§ 3623. HOME HEALTH INFORMATION AND CLINICAL TECHNOLOGY. 1. THE
COMMISSIONER, IN CONSULTATION WITH REPRESENTATIVES OF HOME CARE PROVID-
ERS, MANAGED CARE PLANS, STATEWIDE ASSOCIATIONS REPRESENTATIVE OF HOME
CARE, AND OTHER STAKEHOLDERS ENGAGED IN THE DEVELOPMENT AND COLLABORA-
TIVE USE OF HEALTH INFORMATION TECHNOLOGY IN HOME CARE, SHALL DEVELOP A
HEALTH INFORMATION AND CLINICAL TECHNOLOGY INFRASTRUCTURE SUPPORT
PROGRAM FOR THE HOME CARE SYSTEM. SUCH PROGRAM SHALL SEEK TO:
(A) PROMOTE QUALITY, ACCESSIBILITY, CARE MANAGEMENT, INNOVATION AND
COST-EFFECTIVENESS IN CARE;
(B) SUPPORT STATE GOALS FOR HOME CARE PARTICIPATION IN INTEGRATED CARE
MODELS UNDER THIS CHAPTER AND THE SOCIAL SERVICES LAW INCLUDING, BUT NOT
LIMITED TO, MEDICAID MANAGED CARE, MANAGED LONG TERM CARE, DELIVERY
SYSTEM REFORM INCENTIVE PAYMENT PROGRAMS, VALUE BASED PAYMENT MODELS,
FULLY INTEGRATED DUALS ADVANTAGE PLANS, HEALTH HOMES, PATIENT-CENTERED
MEDICAL HOMES, ACCOUNTABLE CARE ORGANIZATIONS, AND HOSPITAL-HOME CARE-
PHYSICIAN COLLABORATION PROGRAMS; AND
(C) FACILITATE HOME CARE PARTICIPATION IN REGIONAL HEALTH INFORMATION
ORGANIZATIONS.
2. THE PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
COMPONENTS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02572-03-7
S. 5674 2
(A) CAPITAL GRANTS. SUBJECT TO THE AVAILABILITY OF FUNDS THEREFOR, THE
COMMISSIONER SHALL BE AUTHORIZED TO MAKE AVAILABLE AND, UPON THE
APPROVAL OF THE DIRECTOR OF THE BUDGET, TO PROVIDE STATE GRANTS TO
CERTIFIED HOME HEALTH AGENCIES, LICENSED HOME CARE SERVICES AGENCIES AND
LONGTERM HOME HEALTH CARE PROGRAMS FOR CLINICAL AND HEALTH INFORMATION
TECHNOLOGY. SUCH GRANTS SHALL BE PROVIDED PURSUANT TO AN APPLICATION
PROCESS DEVELOPED BY THE COMMISSIONER, IN CONSULTATION WITH REPRESEN-
TATIVES OF THE PROVIDERS, MANAGED CARE PLANS AND THE OTHER ENTITIES
SPECIFIED IN SUBDIVISION ONE OF THIS SECTION;
(B) TECHNOLOGY ADJUSTMENT TO EPISODIC PAYMENT SYSTEM. THE COMMISSIONER
IS AUTHORIZED TO PROVIDE A TECHNOLOGY ADJUSTMENT FOR CERTIFIED HOME
HEALTH AGENCIES AND CONTRACTED LICENSED HOME CARE SERVICES AGENCIES
UNDER THE EPISODIC PAYMENT SYSTEM ESTABLISHED PURSUANT TO SUBDIVISION
THIRTEEN OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS ARTICLE. SUCH
ADJUSTMENT MAY BE MADE AS EITHER A STATEWIDE BASE PRICE ADJUSTMENT OR AN
ADD-ON TO THE EPISODIC RATE, AS THE COMMISSIONER DEEMS APPROPRIATE, TO
SUPPORT THE PURPOSES OF THIS SECTION. THE COMMISSIONER IS AUTHORIZED TO
ALSO ADJUST, FOR SAID PURPOSES, THE PAYMENT RATES FOR LONG TERM HOME
HEALTH CARE PROGRAM PROVIDERS;
(C) TECHNOLOGY ADJUSTMENT UNDER MANAGED CARE. THE COMMISSIONER IS
AUTHORIZED TO PROVIDE A TECHNOLOGY ADJUSTMENT TO MANAGED CARE AND
MANAGED LONG TERM CARE PREMIUMS ESTABLISHED PURSUANT TO SECTION THREE
HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW AND SECTION FORTY-FOUR
HUNDRED THREE-F OF THIS CHAPTER. SUCH ADJUSTMENT SHALL BE IN AMOUNTS
WHICH ARE IN ADDITION TO OTHER PAYMENTS TO MANAGED CARE ORGANIZATIONS
AND PLANS, AND SHALL BE PROVIDED FOR HEALTH INFORMATION AND CLINICAL
TECHNOLOGY SUPPORT FOR HOME CARE PROVIDERS DELIVERING OR MANAGING
SERVICES UNDER CONTRACT WITH SUCH PLANS, AND SHALL PROMOTE THE PURPOSES
OF THIS SECTION;
(D) TECHNOLOGY SUPPORT UNDER THE DEPARTMENT'S HEALTH WORKFORCE INITI-
ATIVES. THE COMMISSIONER SHALL CONSIDER OPPORTUNITIES FOR CLINICAL AND
HEALTH INFORMATION TECHNOLOGY SUPPORT WITHIN THE DEPARTMENT'S INITI-
ATIVES AND FUNDING FOR HEALTH WORKFORCE RECRUITMENT, TRAINING, RETENTION
AND DEVELOPMENT. THE COMMISSIONER SHALL SEEK TO INCLUDE SUCH SUPPORT FOR
TECHNOLOGY WHEN DEEMED TO FURTHER THE PURPOSES OF THIS SECTION AND THE
SPECIFIC WORKFORCE INITIATIVE, AND TO THE EXTENT ALLOWABLE UNDER SUCH
WORKFORCE FUNDING. WORKFORCE INITIATIVES UNDER THIS SECTION SHALL
INCLUDE, BUT NOT BE LIMITED TO, WORKFORCE FUNDING AUTHORIZED UNDER THE
STATE'S SECTION ELEVEN HUNDRED FIFTEEN WAIVER TO THE FEDERAL SOCIAL
SECURITY ACT FOR THE STATE'S MEDICAL ASSISTANCE PROGRAM;
(E) TECHNOLOGY INCENTIVE UNDER MANAGED CARE QUALITY INCENTIVE
PAYMENTS. ON AND AFTER APRIL FIRST, TWO THOUSAND EIGHTEEN, THE COMMIS-
SIONER SHALL ESTABLISH ADDITIONAL QUALITY INCENTIVE PAYMENTS TO MANAGED
CARE AND MANAGED LONG TERM CARE PLANS, RESPECTIVELY, PURSUANT TO SECTION
THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW AND SECTION
FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER, BASED ON EVIDENCE OF PLAN
SUPPORT FOR HOME CARE CLINICAL AND HEALTH INFORMATION TECHNOLOGY
CONSISTENT WITH THE PURPOSES OF THIS SECTION. SUCH AMOUNTS SHALL BE IN
ADDITION TO ANY OTHER PAYMENTS MADE TO A MANAGED CARE ORGANIZATION OR
PLAN, AND SUPPORT SHALL BE EVIDENCED IN A PLAN'S CONTRACTS AND PAYMENTS
TO HOME CARE PROVIDERS AND/OR THROUGH OTHER METRICS IDENTIFIED BY THE
COMMISSIONER IN CONSULTATION WITH REPRESENTATIVES OF MANAGED CARE ORGAN-
IZATIONS AND PLANS;
(F) TECHNOLOGY SUPPORT UNDER THE DELIVERY SYSTEM REFORM INCENTIVE
PAYMENT PROGRAM. THE COMMISSIONER SHALL INCLUDE A CONTINGENCY TO FUNDING
AWARDED TO PERFORMING PROVIDERS SYSTEMS UNDER THE DELIVERY SYSTEM REFORM
S. 5674 3
INCENTIVE PAYMENT PROGRAM SUCH THAT THE PERFORMING PROVIDER SYSTEM
DEMONSTRATES TO THE SATISFACTION OF THE COMMISSIONER THAT IT PROVIDES
PROGRAMMATIC AND FISCAL SUPPORT FOR HEALTH INFORMATION TECHNOLOGY CAPAC-
ITY FOR HOME CARE PROVIDERS WITHIN SUCH SYSTEM'S NETWORK, CONSISTENT
WITH THE PURPOSES OF THIS SECTION.
(G) HEALTH CARE REFORM ACT TECHNOLOGY FUNDING. NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF THIS CHAPTER OR THE RULES AND REGULATIONS OF
THE DEPARTMENT, THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIREC-
TOR OF THE BUDGET, IS AUTHORIZED TO REDIRECT UNDISTRIBUTED FUNDS AN
AGGREGATE ANNUAL AMOUNT OF UP TO ONE HUNDRED MILLION DOLLARS FOR THE
SUPPORT OF PARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION.
3. THE PROVISIONS OF THIS SECTION SHALL BE IMPLEMENTED IN A MANNER IN
COLLABORATION WITH AND CONSISTENT WITH THE GOALS OF THE DELIVERY SYSTEM
REFORM INCENTIVE PAYMENT PROGRAM AND OTHER TECHNOLOGY INITIATIVES UNDER-
TAKEN BY THE STATE.
§ 3. This act shall take effect immediately.