NY State Senate Bill 2021-S7626

Senate Bill S7626

2021-2022 Legislative Session

Relates to authorizing residents of assisted living programs to receive hospice services

download bill text pdf

Archive: Last Bill Status Via A8006 - Passed Senate

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2022	returned to assembly passed senate 3rd reading cal.1222 substituted for s7626
May 24, 2022	substituted by a8006
May 16, 2022	advanced to third reading
May 11, 2022	2nd report cal.
May 10, 2022	1st report cal.1222
May 03, 2022	reported and committed to finance
Jan 05, 2022	referred to health
Dec 22, 2021	referred to rules

Votes

- May 24, 2022 - Floor Vote
  A8006
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (2)
      
      Brooks
      
      Sanders Jr.
  May 10, 2022 - Finance Committee Vote
  S7626
  
  22
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 10, 2022
      
      aye (22)
      
      Bailey
      
      Borrello
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      O'Mara
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Savino
      
      Serino
      
      Skoufis
      
      Stavisky
      
      Tedisco
      
      Thomas
      
      absent (1)
      
      Parker

co-Sponsors

2021-S7626 (ACTIVE) - Details

See Assembly Version of this Bill:: A8006
Law Section:: Public Health Law
Laws Affected:: Amd §4012, Pub Health L; amd §461-l, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S7626, A8006

2021-S7626 (ACTIVE) - Summary

Authorizes residents of assisted living programs to receive hospice services; directs the commissioner of health to convene a workgroup of stakeholders to make recommendations as to coordination and division of services, responsibilities, and reimbursement of assisted living programs and hospice programs.

2021-S7626 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7626

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law and the social services law, in
relation to authorizing residents of assisted living programs to receive
hospice services

 
PURPOSE OR GENERAL IDEA OF BILL:

To enable residents of adult care facilities continue to be enrolled in
the Medicaid assisted living program while receiving hospice care.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill makes parallel amendments to Public Health Law § 4012 and to
Social Services Law § 461-L to clarify that residents of adult care
facilities may receive both hospice and assisted living program (ALP)
services without having to disenroll in either. A workgroup of stake-
holders will convene to study and recommend how the two programs will
coordinate services, responsibilities, and reimbursement, to avoid

duplicate payments.

 
JUSTIFICATION:

Hospice programs provide medical and social supports to terminally ill
persons so that they receive end-of-life palliative care in their home
environment. NYS and Federal regulations allow hospice care to be
provided both home based and institutional settings, including the
terminally ill individual's home, the home of a relatives or friend,
free-standing Hospice residences, skilled nursing facilities, and in
general hospitals. However, if the patient happens to live in an adult
care facility (ACF) and is enrolled in the NYS Medicaid assisted living
program to receive home care services in that ACF, it gets unduly
complicated for the person to also receive hospice care.

Since 2002, NYS has required ALP-enrolled residents who choose Hospice
care to disenroll from ALP. This means the loss of the home care
services they still need. This process is morally and fiscally wrong for
the patient and for the operators of the homes where they live.  New
York ranks 50th in the nation for Hospice utilization, with this another
bather to hospice care. A conservative estimate suggests that allowing
ALP residents to access Hospice services would save the Medicaid program
$13 million a year through avoiding costly hospitalizations and nursing
home stays.

There are complex regulations and practices that interfere with hospice
access for ALP residents. The workgroup, comprised of representatives
from all parties associated in the delivery of this care including ALP
and Hospices providers and Departmental officials, will recommend chang-
es to policies, practices, and billing guidance so that all Medicaid
recipients can benefit from hospice care at their end of life.

 
PRIOR LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:
None noted.

 
EFFECTIVE DATE:
The bill's provisions would take effect 180 days after becoming a law,
with the exception of the workgroup, which would take effect immediate-
ly.

2021-S7626 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7626
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 22, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health law and the social  services  law,  in
   relation  to  authorizing  residents  of  assisted  living programs to
   receive hospice services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 4012 of the public health law is amended by adding
 a new subdivision 4 to read as follows:
   4. ELIGIBLE INDIVIDUALS SHALL BE PERMITTED TO RECEIVE HOSPICE SERVICES
 FROM A PROVIDER UNDER THIS ARTICLE WHILE  CONTINUING  TO  RESIDE  IN  AN
 ADULT  CARE  FACILITY  UNDER  TITLE  TWO  OF ARTICLE SEVEN OF THE SOCIAL
 SERVICES LAW AND ENROLLED IN THE ASSISTED LIVING  PROGRAM.  THE  COMMIS-
 SIONER  SHALL  MAKE REGULATIONS AND TAKE OTHER ACTIONS REASONABLY NECES-
 SARY AND APPROPRIATE TO IMPLEMENT THIS SUBDIVISION.
   § 2. Paragraph (d) of subdivision 2 of section  461-l  of  the  social
 services  law  is  amended  by adding a new subparagraph (iv) to read as
 follows:
   (IV) ELIGIBLE  INDIVIDUALS  SHALL  BE  PERMITTED  TO  RECEIVE  HOSPICE
 SERVICES  FROM  A  PROVIDER UNDER ARTICLE FORTY OF THE PUBLIC HEALTH LAW
 WHILE CONTINUING TO RESIDE IN AN ADULT CARE FACILITY  UNDER  THIS  TITLE
 AND ENROLLED IN THE ASSISTED LIVING PROGRAM. THE COMMISSIONER SHALL MAKE
 REGULATIONS  AND TAKE OTHER ACTIONS REASONABLY NECESSARY AND APPROPRIATE
 TO IMPLEMENT THIS SUBPARAGRAPH.
   § 3. The commissioner of health shall convene  a  workgroup  including
 representatives  of  associations  representing assisted living programs
 and hospice programs, and other interested parties  as  appropriate,  to
 make  recommendations  as  to  coordination and division of services and
 responsibilities, and reimbursement, of  assisted  living  programs  and
 hospice  programs  under  subdivision  4  of  section 4012 of the public
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11724-01-1
 S. 7626                             2

 
 health law and paragraph (d) of subdivision 2 of section  461-l  of  the
 social services law.
   §  4.  This  act shall take effect immediately, provided that sections
 one and two of this act shall take effect on the one  hundred  eightieth
 day after it shall have become a law.

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Senate Bill S7626

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Sponsored By

Gustavo Rivera