S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11126
 
                           I N  A S S E M B L Y
 
                               June 7, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried,
   Lupardo) -- read once and referred to the Committee on Health
 
 AN ACT to amend part B of chapter 57 of the laws of 2018,  amending  the
   public  health law and other laws relating to registration of licensed
   home care services agencies, in relation  to  the  moratorium  on  the
   processing and approval of applications

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 9-e of part B of chapter 57 of the  laws  of  2018,
 amending  the  public health law and other laws relating to registration
 of licensed home care services agencies, is amended to read as follows:
   § 9-e. Effective April 1, 2018, the commissioner of health shall place
 a moratorium on the processing  and  approval  of  applications  seeking
 licensure  of  a  licensed home care services agency pursuant to section
 3605 of the public health  law  that  have  not  received  establishment
 approval  or  contingent establishment approval by the public health and
 health planning council, except for: (a) an application  seeking  licen-
 sure  of  a licensed home care services agency that is submitted with an
 application for approval as an assisted living program authorized pursu-
 ant to section 461-l of the social  services  law;  (b)  an  application
 seeking  approval  to  transfer  ownership for an existing licensed home
 care services agency that has been licensed and operating for a  minimum
 of  five years for the purpose of consolidating ownership of two or more
 licensed home care services agencies; [and] (c) an  application  seeking
 licensure  of  a  home  care  services agency where the applicant demon-
 strates  to  the  satisfaction  of  the  commissioner  of  health   that
 submission  of  the application to the public health and health planning
 council for consideration would  be  appropriate  on  grounds  that  the
 application addresses a serious concern such as a lack of access to home
 care services in the geographic area or a lack of adequate and appropri-
 ate  care,  language and cultural competence, or special needs services;
 AND (D) ANY OTHER APPLICATION THAT THE COMMISSIONER OF HEALTH, IN HIS OR
 HER DISCRETION, DEEMS TO BE CONSISTENT WITH GOALS FOR CONSOLIDATION  AND
 IMPROVING CARE DELIVERY. Such moratorium shall expire on March 31, 2020.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16075-02-8

 A. 11126                            2
 
 In  implementing the provisions of this section, the commissioner shall,
 to the extent practicable, review  and,  where  appropriate,  prioritize
 presentation  to  the  public  health  and  health  planning  council of
 complete  applications  under  paragraph  (b)  of this section where the
 applicants demonstrate, to the satisfaction of  the  commissioner,  that
 the  proposed  change in ownership is consistent with the goals of para-
 graph (j) of subdivision 7 of section 4403-f of the public health law.
   § 2. This act shall take effect immediately.