S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3836
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M. of A. McDONALD, TAYLOR, DICKENS, ARROYO, ENGLEBRIGHT,
   RIVERA, D'URSO, COOK,  NIOU,  SEAWRIGHT,  HYNDMAN,  BICHOTTE,  CAHILL,
   ORTIZ,  STERN, LAWRENCE, ASHBY, ABBATE, SIMON, WRIGHT -- read once and
   referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  integrating  home
   care into the state's public health and prevention efforts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 3620-a to read as follows:
   §  3620-A.  PUBLIC  HEALTH  PRIORITY  INITIATIVES. 1. THE COMMISSIONER
 SHALL PROMOTE HOME CARE'S INTEGRATION INTO THE STATE'S HEALTH  CONTINUUM
 STRATEGY  TO  ADDRESS  PUBLIC  HEALTH  PRIORITIES IN DISEASE PREVENTION,
 INTERVENTION, POPULATION HEALTH IMPROVEMENT, ASSOCIATED HEALTH CARE COST
 REDUCTION AND RESEARCH. SUCH INTEGRATED ROLES FOR  HOME  CARE  SHALL  BE
 PROMOTED AND INCENTIVIZED ON AN AGENCY VOLUNTARY BASIS.  THE COMMISSION-
 ER SHALL UNDERTAKE THESE PURPOSES THROUGH:
   (A)  INCORPORATION OF HOME CARE AGENCY DIRECT CARE AND CARE MANAGEMENT
 COMPETENCIES IN THE DEPARTMENT'S PREVENTION,  PRIMARY  CARE  AND  PUBLIC
 HEALTH STRATEGIES;
   (B)  PROMULGATION OF DEPARTMENTAL GUIDANCE DOCUMENTS THAT DESCRIBE AND
 ASSIST HOME CARE AGENCIES IN EXERCISING THESE ROLES;
   (C) PROMOTION OF EVIDENCE-BASED, BEST PRACTICES IN PUBLIC  HEALTH  AND
 PREVENTION FOR USE BY HOME CARE AGENCIES;
   (D)  PROVIDING  OPPORTUNITIES  FOR  HOME CARE STAFF TRAINING IN PUBLIC
 HEALTH PRIORITY AREAS IN THE DEPARTMENT'S VARIOUS  TRAINING  AND  EDUCA-
 TIONAL PROGRAMS FOR THE HEALTH WORKFORCE AND/OR HEALTH CARE PROVIDERS;
   (E)  REGULATORY  AND  PROCEDURAL FLEXIBILITY TO OPTIMIZE PUBLIC HEALTH
 TRIAGE AND INTERVENTION BY HOME CARE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00720-01-9

              

 A. 3836                             2
 
   (F) PROVIDING OR MAKING AVAILABLE PUBLIC  HEALTH  AND  EPIDEMIOLOGICAL
 DATA  FOR  HOME  CARE  AGENCY  USE IN IDENTIFYING, TARGETING AND SHAPING
 INTERVENTION;
   (G)  TO THE EXTENT OF AVAILABLE FUNDS, AND UPON APPROVAL OF THE DIREC-
 TOR OF THE BUDGET, REIMBURSEMENT SUPPLEMENTATION TO  RATES  OR  PREMIUMS
 ISSUED  UNDER  SECTION  THIRTY-SIX  HUNDRED  FOURTEEN OF THIS ARTICLE OR
 SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER, RESPECTIVELY;
   (H) PROMOTION OF PUBLIC HEALTH PRIORITY COLLABORATIVES  UNDER  SECTION
 TWENTY-EIGHT HUNDRED FIVE-X OF THIS CHAPTER; AND
   (I) OTHER MEANS THE COMMISSIONER DETERMINES APPROPRIATE.
   2.  PRIORITY  PUBLIC  HEALTH AREAS UNDER THIS SECTION MAY INCLUDE, BUT
 NOT BE LIMITED TO:
   (A) SEPSIS EDUCATION, PATIENT SCREENING AND EARLY INTERVENTION;
   (B) ASTHMA AND RESPIRATORY CONDITION MANAGEMENT, INCLUDING HOME  ENVI-
 RONMENTAL ASSESSMENT;
   (C) FALLS PREVENTION SCREENING, EDUCATION AND PREVENTION;
   (D)  OPIOID  MANAGEMENT  AND  OVERUSE  OR  ABUSE PREVENTION, INCLUDING
 ALTERNATIVES IN PAIN MANAGEMENT, AND PROGRAMS IN PALLIATIVE CARE;
   (E) MEDICATION MANAGEMENT, INCLUDING IN  CARE  TRANSITIONS  AND  POLY-
 PHARMACY POPULATIONS;
   (F) PRESSURE ULCER PREVENTION AND MITIGATION;
   (G) DIABETES;
   (H) OBESITY;
   (I) CARDIOVASCULAR HEALTH;
   (J) HEALTH CARE DISPARITIES;
   (K) HIGH RISK PRENATAL AND POST-PARTUM CARE;
   (L) IMMUNIZATIONS; AND
   (M)  OTHER  PRIORITY  AREAS  IN  POPULATION HEALTH, AND IN THE RELATED
 SOCIAL DETERMINANTS OF HEALTH, THAT THE COMMISSIONER MAY DESIGNATE.
   3. IN IMPLEMENTING THIS  SECTION,  THE  COMMISSIONER  SHALL  SEEK  THE
 ADVICE  OF  REPRESENTATIVES  OF  HOME CARE PROVIDERS, STATE ASSOCIATIONS
 REPRESENTATIVE OF HOME CARE, STATE ASSOCIATIONS REPRESENTATIVE OF PHYSI-
 CIANS,  STATE  ASSOCIATIONS  REPRESENTATIVE  OF  COUNTY  PUBLIC   HEALTH
 SERVICES  AND  OTHERS WITH HOME CARE AND/OR PUBLIC HEALTH EXPERTISE WHOM
 THE COMMISSIONER MAY DESIGNATE.
   4. THE COMMISSIONER IS AUTHORIZED TO CALCULATE COST  SAVINGS  ACHIEVED
 FROM  PUBLIC HEALTH INITIATIVES THROUGH HOME CARE WHICH THE COMMISSIONER
 SHALL DETERMINE APPLICABLE, AND UPON APPROVAL OF THE STATE BUDGET DIREC-
 TOR, MAY PROVIDE A PORTION OF WHICH AS SHARED  SAVINGS  REINVESTMENT  TO
 PARTICIPATING  PROVIDERS.  SUCH  SHARED  SAVINGS MAY BE PROVIDED THROUGH
 SUPPLEMENTATION OF THEIR  MEDICAL  ASSISTANCE  REIMBURSEMENT,  OR  OTHER
 MEANS WHICH THE COMMISSIONER DETERMINES.
   5. THE DEPARTMENT SHALL COLLECT AND REPORT TO THE LEGISLATURE INFORMA-
 TION ON THE ACTIVITIES AND IMPACT OF HOME CARE PUBLIC HEALTH INITIATIVES
 AS  THE  DEPARTMENT  DETERMINES  RELEVANT, INCLUDING INFORMATION ON COST
 SAVINGS, AND SHALL INCLUDE RECOMMENDATIONS FOR FURTHER  SUPPORT  OF  THE
 GOALS  OF  THIS  SECTION.  THIS REPORT SHALL BE PROVIDED WITHIN EIGHTEEN
 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately.    Effective  immediately
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made on or before such date.