S T A T E O F N E W Y O R K
________________________________________________________________________
4073
2021-2022 Regular Sessions
I N A S S E M B L Y
February 1, 2021
___________
Introduced by M. of A. ABINANTI, RA, SEAWRIGHT, JACOBSON, GRIFFIN, DICK-
ENS, M. MILLER, GOTTFRIED, SAYEGH, ENGLEBRIGHT, CRUZ, EPSTEIN, BARRON,
COOK, TAYLOR, HYNDMAN, DeSTEFANO, WALSH, BRABENEC, PALMESANO, McDO-
NOUGH, MANKTELOW, MORINELLO, BYRNE, MIKULIN, B. MILLER, SALKA,
JEAN-PIERRE, WOERNER, STIRPE, LAVINE, ASHBY, LUPARDO -- Multi-Spon-
sored by -- M. of A. GALEF, RAMOS, SIMON, WALCZYK -- read once and
referred to the Committee on Health
AN ACT to amend the social services law, in relation to enacting Vincent
Scheppa's law 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. This act shall be known and may be cited as "Vincent
Scheppa's law".
§ 2. 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.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01558-01-1