NY State Senate Bill S6054A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2018	referred to ways and means delivered to assembly passed senate
Feb 13, 2018	advanced to third reading
Feb 12, 2018	2nd report cal.
Feb 06, 2018	1st report cal.372
Jan 25, 2018	print number 6054a
Jan 25, 2018	amend and recommit to health
Jan 03, 2018	referred to health returned to senate died in assembly
Jun 19, 2017	referred to health delivered to assembly passed senate
Jun 05, 2017	advanced to third reading
May 24, 2017	2nd report cal.
May 23, 2017	1st report cal.1159
May 10, 2017	referred to health

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S6054 - Details

See Assembly Version of this Bill:: A8916
Law Section:: Social Services Law
Laws Affected:: Add §365-o, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3339, A3415
2021-2022: S238, A4073
2023-2024: S506

S6054 - Summary

Authorizes, in certain cases, the provision of private duty nursing services to a medical assistance recipient by a relative who is a registered professional nurse.

S6054 - Sponsor Memo

 BILL NUMBER:  S6054

 TITLE OF BILL :  An act to amend the social services law, in relation
to authorizing, in certain cases, the provision of in-home private
duty nursing services to a recipient of medical assistance by a
relative who is a registered professional nurse

 PURPOSE :

To provide a mechanism whereby relatives of a Medicaid recipient who
has been authorized to receive in-home private duty nursing services
to be provided by a relative who is a registered professional nurse.

 SUMMARY OF PROVISIONS :

Section 1 of the bill adds a new section 365-o of the social services
law to allow Medicaid recipients, or their representative or guardian,
who has been approved for in-home private duty nursing, to apply to
the commissioner of health to allow a relative who is a registered
professional nurse licensed in New York State to provide nursing care
to the recipient at the nursing rate of pay.

Section 2 of the bill provides an immediate effective date.

 EXISTING LAW :

New York currently has a Consumer Directed Personal Assistants program
which allows relatives to provide personal assistant services under
Medicaid to their family member in certain circumstances, however
under that program relatives, no matter what their training, are
considered to be providing personal assistant services and reimbursed
at that rate.

 JUSTIFICATION :

On occasion, an individual who requires and is approved for in-home
nursing care through Medicaid has a family member who is a registered
professional nurse licensed in the state and qualified to provide the
care needed by their loved one. Current practice only allow a family
member to provide care and be reimbursed under Medicaid through the
Consumer Directed Personal Assistant Program (CDPAP) at the personal
assistant rate of pay. This program allows family members to provide
services traditionally reserved to those licensed as nurses in limited
instances. However, CDPAP does not have a mechanism to allow relatives
to be hired and paid a nursing rate for approved in-home nursing care.
As a result, a nurse who would like to provide the care at home for a
relative must be able to take a substantial pay cut or is forced to
work as a nurse caring for someone else in order to earn the salary
commensurate to their licensure.

This legislation provides a mechanism for Medicaid recipients, or
their representatives, to apply to the Department of Health in these
rare instances where a family member is qualified and interested in
providing nursing services through Medicaid to their loved one and be
reimbursed at a nursing rate.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None to state as individuals would already be approved for in-home
nursing care and the relative would not receive a higher rate of pay
than currently provided.

 EFFECTIVE DATE :
Immediately

S6054 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6054

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              May 10, 2017
                               ___________

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 social services law, in relation to authorizing,  in
  certain  cases, the provision of in-home private duty nursing services
  to a recipient of medical assistance by a relative who is a registered
  professional nurse

  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 a new section
365-o to read as follows:
  § 365-O. PROVISION OF IN-HOME PRIVATE DUTY  NURSING  SERVICES  BY  THE
RELATIVE OF A RECIPIENT. UPON APPLICATION OR REQUEST TO THE COMMISSIONER
BY  A  RECIPIENT  OF MEDICAL ASSISTANCE, OR HIS OR HER REPRESENTATIVE OR
GUARDIAN, WHO HAS BEEN APPROVED FOR THE  PROVISION  OF  IN-HOME  PRIVATE
DUTY  NURSING,  THE  COMMISSIONER  MAY  AUTHORIZE  THE PROVISION OF SUCH
PRIVATE DUTY NURSING BY A RELATIVE OF SUCH  RECIPIENT,  SUBJECT  TO  THE
LIMITATIONS  RELATING  THERETO  FOR  PERSONAL  ASSISTANTS IN SUBDIVISION
THREE OF SECTION THREE HUNDRED SIXTY-FIVE-F OF  THIS  TITLE,  WHO  IS  A
REGISTERED  PROFESSIONAL  NURSE,  IN GOOD STANDING, LICENSED PURSUANT TO
SECTION SIXTY-NINE HUNDRED FIVE OF THE EDUCATION LAW. REIMBURSEMENT  FOR
PRIVATE  NURSING SERVICES PROVIDED IN ACCORDANCE WITH THIS SECTION SHALL
BE AT THE RATE PAID FOR THE PROVISION OF SUCH  SERVICES  BY  A  LICENSED
PRACTICAL NURSE.
  § 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11506-02-7

Co-Sponsors

S6054A (ACTIVE) - Details

See Assembly Version of this Bill:: A8916
Law Section:: Social Services Law
Laws Affected:: Add §365-o, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3339, A3415
2021-2022: S238, A4073
2023-2024: S506

S6054A (ACTIVE) - Summary

Authorizes, in certain cases, the provision of private duty nursing services to a medical assistance recipient by a relative who is a registered professional nurse.

S6054A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6054A

SPONSOR: HANNON
 
TITLE OF BILL:

An act to amend the social services law, in relation to authorizing, in
certain cases, the provision of in-home private duty nursing services to
a recipient of medical assistance by a relative who is a registered
professional nurse

 
PURPOSE:

To provide a mechanism whereby relatives of a Medicaid recipient who has
been authorized to receive in-home private duty nursing services to be
provided by a relative who is a registered professional nurse.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 365-o of the social services
law to allow Medicaid recipients, or their representative or guardian,
who has been approved for in-home private duty nursing, to apply to the

commissioner of health to allow a relative who is a registered profes-
sional nurse licensed in New York State to provide nursing care to the
recipient at the nursing rate of pay.

Section 2 of the bill provides an immediate effective date.

 
EXISTING LAW:

New York currently has a Consumer Directed Personal Assistants program
which allows relatives to provide personal assistant services under
Medicaid to their family member in certain circumstances, however under
that program relatives, no matter what their training, are considered to
be providing personal assistant services and reimbursed at that rate.

 
JUSTIFICATION:

On occasion, an individual who requires and is approved for in-home
nursing care through Medicaid has a family member who is a registered
professional nurse licensed in the state and qualified to provide the
care needed by their loved one. Current practice only allow a family
member to provide care and be reimbursed under Medicaid through the
Consumer Directed Personal Assistant Program (CDPAP) at the personal
assistant rate of pay. This program allows family members to provide
services traditionally reserved to those licensed as nurses in limited
instances. However, CDPAP does not have a mechanism to allow relatives
to be hired and paid a nursing rate for approved in-home nursing care.
As a result, a nurse who would like to provide the care at home for a
relative must be able to take a substantial pay cut or is forced to work
as a nurse caring for someone else in order to earn the salary commensu-
rate to their licensure.

This legislation provides a mechanism for Medicaid recipients, or their
representatives, to apply to the Department of Health in these rare
instances where a family member is qualified and interested in providing
nursing services through Medicaid to their loved one and be reimbursed
at a nursing rate.

 
LEGISLATIVE HISTORY:
New Bill

 
FISCAL IMPLICATIONS:

None to state as individuals would already be approved for in-home nurs-
ing care and the relative would not receive a higher rate of pay than
currently provided.

 
EFFECTIVE DATE:
Immediately

S6054A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6054--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              May 10, 2017
                               ___________

Introduced  by  Sens.  HANNON,  FELDER, LARKIN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  --  recommitted  to  the Committee on Health in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the social services law, in relation to authorizing, in
  certain cases, the provision of in-home private duty nursing  services
  to a recipient of medical assistance by a relative who is a registered
  professional nurse

  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 a new  section
365-o to read as follows:
  §  365-O.  PROVISION  OF  IN-HOME PRIVATE DUTY NURSING SERVICES BY THE
RELATIVE OF A RECIPIENT. UPON APPLICATION OR REQUEST TO THE COMMISSIONER
BY A RECIPIENT OF MEDICAL ASSISTANCE, OR HIS OR  HER  REPRESENTATIVE  OR
GUARDIAN,  WHO  HAS  BEEN  APPROVED FOR THE PROVISION OF IN-HOME PRIVATE
DUTY NURSING, THE COMMISSIONER  MAY  AUTHORIZE  THE  PROVISION  OF  SUCH
PRIVATE  DUTY NURSING BY AN ADULT RELATIVE OF SUCH RECIPIENT, OTHER THAN
A SPOUSE OF THE RECIPIENT,  WHO  IS  A  REGISTERED  PROFESSIONAL  NURSE.
REIMBURSEMENT  FOR  PRIVATE NURSING SERVICES PROVIDED IN ACCORDANCE WITH
THIS SECTION SHALL BE AT  THE  RATE  PAID  FOR  THE  PROVISION  OF  SUCH
SERVICES BY A LICENSED PRACTICAL NURSE.
  § 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11506-06-8

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The New York State Senate

senate Bill S6054A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 5, 2018 - floor Vote

Floor Vote: Mar 5, 2018

Feb 6, 2018 - Health committee Vote

Health Committee Vote: Feb 6, 2018

Jun 19, 2017 - floor Vote

Floor Vote: Jun 19, 2017

May 23, 2017 - Health committee Vote

Committee Vote: May 23, 2017

Bill Amendments

Co-Sponsors

S6054 - Details

S6054 - Summary

S6054 - Sponsor Memo

S6054 - Bill Text download pdf

Co-Sponsors

S6054A (ACTIVE) - Details

S6054A (ACTIVE) - Summary

S6054A (ACTIVE) - Sponsor Memo

S6054A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6054A

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 5, 2018 - floor Vote

Floor Vote: Mar 5, 2018

Feb 6, 2018 - Health committee Vote

Health Committee Vote: Feb 6, 2018

Jun 19, 2017 - floor Vote

Floor Vote: Jun 19, 2017

May 23, 2017 - Health committee Vote

Committee Vote: May 23, 2017

Bill Amendments

Co-Sponsors

Simcha Felder

William J. Larkin, Jr.

S6054 - Details

S6054 - Summary

S6054 - Sponsor Memo

S6054 - Bill Text download pdf

Co-Sponsors

Simcha Felder

William J. Larkin, Jr.

David J. Valesky

S6054A (ACTIVE) - Details

S6054A (ACTIVE) - Summary

S6054A (ACTIVE) - Sponsor Memo

S6054A (ACTIVE) - Bill Text download pdf

Comments