S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    313
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of A. BRONSON, LUNSFORD -- read once and referred to
   the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  home  care  and
   hospice worker shortage areas and disciplines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 3614 of the public health law is amended by  adding
 a new subdivision 9-a to read as follows:
   9-A.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  THIS SECTION,
 EFFECTIVE FOR ANNUAL PERIODS BEGINNING APRIL FIRST, TWO  THOUSAND  TWEN-
 TY-THREE,  AND  FOR  EACH  ANNUAL PERIOD THEREAFTER, THE COMMISSIONER IS
 AUTHORIZED, SUBJECT TO THE AVAILABILITY  OF  FEDERAL  FINANCIAL  PARTIC-
 IPATION  AND  UPON  APPROVAL  OF  THE  STATE  DIRECTOR OF THE BUDGET, TO
 FURTHER ADJUST MEDICAL ASSISTANCE RATES OF PAYMENT  FOR  CERTIFIED  HOME
 HEALTH  AGENCIES, MANAGED LONG TERM CARE PLANS, HOSPICES, LONG TERM HOME
 HEALTH CARE PROGRAMS, LICENSED HOME  CARE  SERVICES  AGENCIES  PROVIDING
 SERVICES  UNDER  CONTRACT  WITH  SUCH AGENCIES AND PLANS, AND SUCH OTHER
 ENTITIES QUALIFYING UNDER SUBDIVISION NINE OF THIS SECTION, TARGETED FOR
 RECRUITMENT, TRAINING AND RETENTION OF DIRECT CARE WORKERS FOR  SERVICES
 IN  SHORTAGE AREAS AND BY SHORTAGE DISCIPLINES WHICH MAY INCLUDE NURSES,
 THERAPISTS, SOCIAL WORKERS, HOME HEALTH AIDES AND PERSONAL CARE AIDES.
   THE COMMISSIONER IS FURTHER AUTHORIZED TO PROVIDE SUCH ADJUSTMENTS  TO
 PILOT  TEST THE IMPACT ON RECRUITMENT AND RETENTION OF ALLOWING FUNDS TO
 BE USED FOR CRITICAL SUPPORTS AND INCENTIVES FOR DIRECT CARE  PERSONNEL,
 INCLUDING  TRANSPORTATION,  EDUCATION,  TRAINING, CHILD DAY CARE, CAREER
 LADDER, PEER SUPPORT, AND OTHER  SUPPORTS  WHICH  THE  COMMISSIONER  MAY
 DETERMINE.
   NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF SECTION TWENTY-EIGHT
 HUNDRED SEVEN-V OF THIS CHAPTER, FUNDS FOR SUCH ADJUSTMENTS MAY BE  MADE
 AVAILABLE,  UPON  THE  APPROVAL  OF  THE STATE BUDGET DIRECTOR, FROM ANY
 UNEXPENDED FUNDS AND BALANCES AVAILABLE UNDER SUCH SECTION, AND IN ANNU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01466-01-3
              

 A. 313                              2
 
 AL AMOUNTS OF UP TO THIRTY PERCENT OF THE AGGREGATE LEVEL SPECIFIED  FOR
 ADJUSTMENTS UNDER SUBDIVISION NINE OF THIS SECTION.
   ON  OR  BEFORE APRIL FIRST, TWO THOUSAND TWENTY-FIVE, THE COMMISSIONER
 SHALL SUBMIT INFORMATION TO THE GOVERNOR AND LEGISLATURE ON  THE  EFFEC-
 TIVENESS OF THE PROGRAM IN RECRUITMENT AND RETENTION OF DIRECT CARE HOME
 CARE  PERSONNEL, AND IN ADDRESSING COMMUNITY NEED, AND SHALL MAKE RECOM-
 MENDATIONS FOR THE CONTINUATION OR MODIFICATION OF  THE  PROGRAM.    THE
 COMMISSIONER  SHALL  SEEK THE INPUT OF REPRESENTATIVES OF THE PROVIDERS,
 PLANS, CONSUMERS AND WORKERS IN EXAMINING AND REPORTING ON THE PROGRAM.
   § 2. Subdivision 1 of section 2807-v  of  the  public  health  law  is
 amended by adding a new paragraph (jjj) to read as follows:
   (JJJ)  FUNDS  MAY  BE  MADE  AVAILABLE,  FROM ANY UNEXPENDED FUNDS AND
 BALANCES UNDER THIS  SECTION,  FOR  RATE  ADJUSTMENTS  AUTHORIZED  UNDER
 SUBDIVISION  NINE-A OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAP-
 TER, WHICH SHALL NOT EXCEED THE AMOUNT SPECIFIED IN SUCH SUBDIVISION.
   § 3. This act shall take effect immediately.