S T A T E O F N E W Y O R K
________________________________________________________________________
7459
2021-2022 Regular Sessions
I N S E N A T E
October 20, 2021
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the social services law, in relation to reimbursement
for home health services; and making in appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 368-a of the social services law
is amended by adding a new paragraph (g-1) to read as follows:
(G-1) NOTWITHSTANDING PARAGRAPH (G) OF THIS SUBDIVISION, SECTION THREE
HUNDRED SIXTY-FOUR-J OF THIS TITLE OR ANY OTHER PROVISION OF LAW,
REIMBURSEMENT FOR HOME HEALTH SERVICES PROVIDED IN ACCORDANCE WITH PARA-
GRAPH (D) OF SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-FIVE-A OF
THIS TITLE BY AN INDIVIDUAL OR SHARED AIDE PROVIDED BY AN APPROVED HOME
HEALTH AGENCY WHEN SUCH SERVICES ARE DETERMINED TO BE COST EFFECTIVE AND
APPROPRIATE TO MEET THE RECIPIENT'S NEEDS FOR ASSISTANCE SHALL BE
INCREASED TO INCLUDE AN AMOUNT NECESSARY TO COVER THE DISPARATE LABOR
AND OVERTIME COSTS ASSOCIATED WITH COMPLYING WITH THE COVID-19 VACCINE
MANDATE AND TO OFFER INCENTIVE PAY TO RETAIN AND RECRUIT WORKERS. THE
COMMISSIONER SHALL DEVELOP METHODOLOGIES FOR CALCULATING SUCH DELIVERY
COSTS WHICH ARE SEPARATE FROM DIRECT PERSONAL CARE. SUCH REIMBURSEMENT
INCREASE SHALL INCLUDE ALL HOME HEALTH SERVICES PROVIDED FOR ELIGIBLE
RECIPIENTS UNDER THIS ARTICLE, INCLUDING THOSE AVAILABLE OR OBTAINED
THROUGH FEDERAL WAIVERS.
§ 2. The sum of one hundred million dollars ($100,000,000) is hereby
appropriated for services and expenses for home care agencies to
increase services provided by registered nurses, licensed practical
nurses, certified nursing assistants, and home health care aides to
cover labor and overtime costs and to offer incentive pay to retain and
recruit workers sufficient to attain the highest practicable physical,
mental and psychological well-being of each patient. Any disbursements
from this appropriation shall be distributed pursuant to a plan submit-
ted by the commissioner of the department of health and approved by the
director of the budget.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13407-01-1