NY State Senate Bill S238

senate Bill S238

2021-2022 Legislative Session

Enacts "Vincent Scheppa's law" authorizing, in certain cases, the provision of private duty nursing services to a medical assistance recipient by a relative who is a registered professional nurse

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Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 17, 2022	referred to ways and means delivered to assembly passed senate
Jan 24, 2022	advanced to third reading
Jan 20, 2022	2nd report cal.
Jan 19, 2022	1st report cal.269
Jan 05, 2022	referred to health returned to senate died in assembly
Mar 03, 2021	referred to ways and means delivered to assembly passed senate
Feb 01, 2021	advanced to third reading
Jan 26, 2021	2nd report cal.
Jan 25, 2021	1st report cal.145
Jan 06, 2021	referred to health

Votes

Co-Sponsors

S238 (ACTIVE) - Details

See Assembly Version of this Bill:: A4073
Law Section:: Social Services Law
Laws Affected:: Add §365-o, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6054, A8916
2019-2020: S3339, A3415
2023-2024: S506, A6975

S238 (ACTIVE) - Summary

Enacts "Vincent Scheppa's law" authorizing, in certain cases, the provision of private duty nursing services to a medical assistance recipient by a relative who is a registered professional nurse.

S238 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S238

SPONSOR: THOMAS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide a mechanism for a Medicaid recipient who is authorized to
receive in-home private duty nursing services to receive such services
from a relative who is a registered professional nurse.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill declares the act shall be cited as "Vincent
Scheppa's law.

Section 2 of the bill amends the social services law and adds a new
section 365-o. Section 365-o authorizes Medicaid recipients, their
representative or guardian, who has been approved for in-home private
duty nursing, to apply to the commissioner of health to approve an adult
relative, other than the spouse of the recipient, who is a registered
professional nurse to provide nursing care to the recipient and receive
compensation at the licensed practical nurse rate of pay.

Section 3 is the effective date.

 
JUSTIFICATION:

On occasion, an individual who requires and is approved for in-home
nursing care through Medicaid has a family member who is a registered
professional nurse licensed in the state and qualified to provide the
care needed by their loved one. Current practice only allows a family
member to provide care and be reimbursed under Medicaid through the
Consumer Directed Personal Assistant Program (CDPAP) at the personal
assistant rate of pay. This program allows family members to provide
services traditionally reserved to those licensed as nurses in limited
instances. However, CDPAP does not have a mechanism to allow relatives
to be hired and paid a nursing rate for approved in-home nursing care.
As a result, a nurse who would like to provide the care at home for a
relative must be able to afford to take a substantial pay cut to do so
or work as a nurse caring for someone else in order to earn the salary
commensurate to their licensure.

This legislation provides a mechanism for Medicaid recipients, or their
representatives, to apply to the Department of Health in these rare
instances where a family member is qualified and interested in providing
nursing services through Medicaid to their loved one and be reimbursed
at a nursing rate.

Vincent Scheppa suffered a brain injury in May of 2016 and has been
unable to care for himself since then. Vincent's mother Chris Scheppa is
a registered trauma nurse at the Mercy Medical Center Emergency Room.
Chris is constantly having to train a revolving door of home health aid

workers on the specific medical needs of her son. She has been by
Vincent's side since the accident.

 
PRIOR LEGISLATIVE HISTORY:

2020: 5.3339 (Thomas) / A.3415 (Abinanti) - Referred to Health.
2019: S.3339 (Thomas) / A.3415 (Abinanti) - Passed Senate.
2017-18: S.6054

(Hannon) / A.8916 (Abinanti) - Passed Senate.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to state as individuals would already be approved for in-home nurs-
ing care and the relative would not receive a higher rate of pay than
currently provided.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S238 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    238
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed 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

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The New York State Senate

senate Bill S238

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Feb 17, 2022 - floor Vote

Floor Vote: Feb 17, 2022

Jan 19, 2022 - Health committee Vote

Health Committee Vote: Jan 19, 2022

Mar 3, 2021 - floor Vote

Floor Vote: Mar 3, 2021

Jan 25, 2021 - Health committee Vote

Health Committee Vote: Jan 25, 2021

Co-Sponsors

S238 (ACTIVE) - Details

S238 (ACTIVE) - Summary

S238 (ACTIVE) - Sponsor Memo

S238 (ACTIVE) - Bill Text download pdf

Comments

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senate Bill S238

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Archive: Last Bill Status - Passed Senate

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Actions

Votes

Feb 17, 2022 - floor Vote

Floor Vote: Feb 17, 2022

Jan 19, 2022 - Health committee Vote

Health Committee Vote: Jan 19, 2022

Mar 3, 2021 - floor Vote

Floor Vote: Mar 3, 2021

Jan 25, 2021 - Health committee Vote

Health Committee Vote: Jan 25, 2021

Co-Sponsors

S238 (ACTIVE) - Details

S238 (ACTIVE) - Summary

S238 (ACTIVE) - Sponsor Memo

S238 (ACTIVE) - Bill Text download pdf

Comments

Related Recent Legislation

Related Issues