S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7488
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend the public health law and the social services law, in
   relation to rates of reimbursement for private duty nursing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 11 of section 3614 of the public health law is
 amended by adding a new paragraph (d) to read as follows:
   (D) FOR ENROLLEES COVERED BY MEDICAID AS OF JANUARY FIRST,  TWO  THOU-
 SAND  TWENTY-FOUR  UNDER A PAYMENT RATE METHODOLOGY AGREEMENT NEGOTIATED
 WITH A LICENSED HOME CARE SERVICES PROVIDER, INCLUDING BUT  NOT  LIMITED
 TO  SERVICES  PROVIDED  THROUGH  LICENSED  HOME  CARE SERVICES AGENCIES,
 PAYMENTS FOR ALL HOURLY HOME CARE SERVICES PROVIDED THROUGH PRIVATE DUTY
 NURSING, INCLUDING BUT NOT LIMITED  TO  NURSING  SERVICES,  PROVIDED  TO
 PATIENTS  ELIGIBLE  FOR  MEDICAL  ASSISTANCE PURSUANT TO TITLE ELEVEN OF
 ARTICLE FIVE OF THE SOCIAL SERVICES LAW MADE BY ORGANIZATIONS  OPERATING
 IN  ACCORDANCE WITH THE PROVISIONS OF ARTICLE FORTY-FOUR OF THIS CHAPTER
 OR BY  HEALTH  MAINTENANCE  ORGANIZATIONS  ORGANIZED  AND  OPERATING  IN
 ACCORDANCE  WITH  ARTICLE  FORTY-THREE  OF THE INSURANCE LAW SHALL, AT A
 MINIMUM, BE AT A BENCHMARK RATE WHICH IS TO BE THE FEE-FOR-SERVICE  RATE
 CALCULATED  PURSUANT  TO  THIS CHAPTER AND AS IN EFFECT AT THE TIME SUCH
 SERVICES WERE PROVIDED.
   § 2. Section 364-j of the social services law is amended by  adding  a
 new subdivision 40 to read as follows:
   40.  FOR  ENROLLEES COVERED BY MEDICAID AS OF JANUARY FIRST, TWO THOU-
 SAND TWENTY-FOUR UNDER A PAYMENT RATE METHODOLOGY  AGREEMENT  NEGOTIATED
 WITH  A  LICENSED HOME CARE SERVICES PROVIDER, INCLUDING BUT NOT LIMITED
 TO SERVICES PROVIDED  THROUGH  LICENSED  HOME  CARE  SERVICES  AGENCIES,
 PAYMENTS FOR ALL HOURLY HOME CARE SERVICES PROVIDED THROUGH PRIVATE DUTY
 NURSING,  INCLUDING  BUT  NOT  LIMITED  TO NURSING SERVICES, PROVIDED TO
 PATIENTS ELIGIBLE FOR MEDICAL ASSISTANCE UNDER THIS TITLE MADE BY ORGAN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11370-01-3
              

 A. 7488                             2
 
 IZATIONS OPERATING IN ACCORDANCE WITH THE PROVISIONS OF  ARTICLE  FORTY-
 FOUR  OF  THE  PUBLIC  HEALTH LAW OR BY HEALTH MAINTENANCE ORGANIZATIONS
 ORGANIZED AND OPERATING IN ACCORDANCE WITH ARTICLE  FORTY-THREE  OF  THE
 INSURANCE LAW SHALL, AT A MINIMUM, BE THE RATES OF PAYMENT THAT WOULD BE
 PAID FOR SUCH PATIENTS PURSUANT TO SUBDIVISION FOURTEEN OF SECTION THIR-
 TY-SIX HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW.
   § 3. This act shall take effect immediately.