S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7568
 
                        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, in relation to state aid for home
   health care and hospice services to meet community need
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 3607 of the public health law,  as
 amended  by  chapter  891  of  the  laws  of 1990, is amended to read as
 follows:
   1. The commissioner is hereby authorized, within the amount  allocated
 pursuant  to  subdivisions  one,  two  and  three  of section thirty-six
 hundred fifteen of this article, to make  [grants]  FUNDS  AVAILABLE  to
 certified [public and voluntary non-profit] home health agencies for the
 purpose  of  increasing  the  availability of home health care services.
 Such [grants] FUNDS shall be utilized to increase the number of  persons
 provided  services,  the  kind  of services provided, including medical,
 social and environmental services, the sharing of services or to improve
 or expand the method or frequency of the delivery of  home  health  care
 services.  [Grant applications] AGENCIES shall include specific plans to
 provide the following:
   a. an expansion of the types AND METHODS of services made available OR
 DELIVERED to persons at home as  provided  for  in  subdivision  two  of
 section thirty-six hundred two of this chapter;
   b. an increase in the number of persons provided home care services by
 the  certified  home  health  agency,  directly  or  through contractual
 arrangement, or to provide for the availability of certified home health
 agency services on a seven-day-a-week basis;
   c. AN INCREASE IN HOME HEALTH CARE SERVICES DELIVERED TO HIGH-COST  OR
 HIGH-NEED  POPULATIONS,  POPULATIONS  IN  REMOTE OR UNDERSERVED REGIONS,
 DIVERSE POPULATIONS  AND/OR  POPULATIONS  EVIDENCING  HEALTH  DISPARITY,
 POPULATIONS  WITH SPECIAL CARE NEEDS, OR FOR OTHERWISE INCREASING HEALTH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11555-02-3
              

 A. 7568                             2
 
 CARE SERVICES FOR POPULATIONS AND/OR AREAS OF THE STATE  DEEMED  BY  THE
 COMMISSIONER  AS  UNDERSERVED  OR  HARD TO SERVE, OR OTHER SPECIFIC CARE
 POPULATIONS IDENTIFIED AS PARTICULARLY IN NEED;
   D. THE DEVELOPMENT OF RECRUITMENT, SPECIALIZED TRAINING, AND RETENTION
 INITIATIVES  FOR  STAFF INCLUDING BUT NOT LIMITED TO TUITION ASSISTANCE,
 TRANSPORTATION ASSISTANCE,  CHILDCARE  SUPPORT,  CLINICAL  PRECEPTORSHIP
 PROGRAMS,  AND  EMPLOYEE  ASSISTANCE  PROGRAMS  SUCH  AS PEER MENTORING,
 MENTAL HEALTH COUNSELING, AND OTHER;
   E. the development of training programs approved by  the  commissioner
 to improve the quality of services provided by the certified home health
 agency;
   [d.]  F.  the  development  of  programs to coordinate the work of the
 certified home health agency with other community  resources,  including
 but  not limited to other certified home health agencies, hospitals, and
 social services agencies;
   [e.] G. demonstration projects to provide care in the  home  by  using
 methods, programs, or arrangements not ordinarily used by certified home
 health  agencies,  and  that will help to determine the most appropriate
 means of reducing institutional care and  of  providing  better  quality
 home  care  services,  most  cost-effective home care services, and more
 accessible home care services;
   [f.] H. the development of programs to  improve  home  care  patients'
 access to primary health services; [or
   g.]  I.  the development of "home care volunteer programs for maternal
 and child health" pursuant to subdivision two of this section[.]; OR
   J. THE ACQUISITION  AND  IMPLEMENTATION  OF  TECHNOLOGY,  SYSTEMS,  OR
 EQUIPMENT  THAT  WOULD  SUPPORT  THE DELIVERY OF THE IDENTIFIED EXPANDED
 SERVICES.
   § 2. Section 3615 of the public health law, as amended by chapter  884
 of  the  laws of 1990, subdivision 10 as amended by section 30 of part A
 of chapter 58 of the laws of 2010, is amended to read as follows:
   § 3615. State aid to certified home  health  agencies.  1.  State  aid
 shall  be provided to certified home health agencies to assist in devel-
 oping and ensuring their capacity to meet community need. Funds for such
 aid shall be made available each year in [an amount equal to twenty-five
 cents per capita of the population within  each  health  systems  agency
 region,  as established pursuant to article twenty-nine of this chapter,
 or two hundred thousand dollars, whichever is greater. Two million  five
 hundred  thousand  dollars  shall  be  for the state's share of payments
 provided pursuant to subdivision  five  of  section  thirty-six  hundred
 fourteen  of this article. The remaining amount shall be for purposes of
 providing grants  pursuant  to  this  section  and  sections  thirty-six
 hundred  seven  and  thirty-six  hundred  nine  of this article] AMOUNTS
 APPROPRIATED AND DISTRIBUTED  TO  AGENCIES  IN  THE  FORM  OF  INCREASED
 MEDICAL  ASSISTANCE  RATES  AND/OR  DIRECT  GRANTS, AS BEST MAXIMIZES AN
 AGENCY'S ABILITY TO RECEIVE AND UTILIZE FUNDS  FOR  THE  PURPOSES  UNDER
 THIS  SECTION,  AND  AS  MAXIMIZES,  WHERE  APPLICABLE,  FEDERAL MEDICAL
 ASSISTANCE PARTICIPATION.
   2. [For the purpose funding grants  pursuant  to  sections  thirty-six
 hundred  seven  and  thirty-six  hundred nine of this article and grants
 pursuant to this section, the commissioner shall allocate the proportion
 of funds among the health systems agency regions using the last  preced-
 ing federal census or other census data approved by the comptroller] THE
 COMMISSIONER  SHALL ALLOCATE FUNDS FOR THE PURPOSES OF SUPPORTING AND/OR
 EXPANDING ACCESS TO  CERTIFIED  HOME  HEALTH  CARE  AGENCY  SERVICES  AS
 PROVIDED FOR IN SECTION THIRTY-SIX HUNDRED SEVEN OF THIS ARTICLE, AND/OR
 A. 7568                             3
 
 TO  SUPPORT  SUCH  ACCESS  AND SERVICES FOR HIGH-COST OR HIGH-NEED POPU-
 LATIONS, POPULATIONS IN REMOTE OR  UNDERSERVED  REGIONS,  DIVERSE  POPU-
 LATIONS,  POPULATIONS  EVIDENCING  HEALTH  DISPARITY,  POPULATIONS  WITH
 SPECIAL CARE NEEDS, OR OTHERWISE IN REGIONS UNDERSERVED OR IDENTIFIED AS
 PARTICULARLY IN NEED.
   3.  Such annual funds allocated [to each health systems agency region]
 shall be made available [for grants] IN A FORM UNDER SUBDIVISION ONE  OF
 THIS SECTION to applicants within [each such region which are determined
 eligible  and  approved  by  the  commissioner] ALL REGIONS OF THE STATE
 pursuant to the provisions of this section and [sections] SECTION  thir-
 ty-six  hundred  seven  [and thirty-six hundred nine] of this article AS
 APPROVED BY THE COMMISSIONER.
   4. In order to be considered eligible for receipt of [a  grant]  FUNDS
 pursuant to this section, a certified home health agency shall submit an
 application  to  the  department. Such application shall demonstrate, to
 the satisfaction of the commissioner, that the agency:
   (a) received a certificate of approval pursuant to the  provisions  of
 section  thirty-six  hundred  eight  of  this article at least two years
 prior to the date of the application and that such certificate  has  not
 been revoked or annulled subsequent to its receipt and is not limited as
 of the time of application;
   (b) shall utilize [grant] SUCH funds [to provide home care services to
 persons  whose  residence  is in an area which, due to location, is more
 costly to serve, or persons whose conditions require  a  more  intensive
 level  of  home care than typically provided in a visit]  TO MAINTAIN OR
 INCREASE HOME HEALTH CARE SERVICES FOR THE PURPOSES SPECIFIED IN  SUBDI-
 VISION TWO OF THIS SECTION;
   (c)  [shall undertake reasonable efforts to maintain financial support
 from public and community contributed funding sources;
   (d)] shall [make every  reasonable  effort  to  collect  payments  for
 services  from  third  party  insurance  payers, governmental payers and
 self-paying patients] DEMONSTRATE A SERVICE  COMMITMENT  TO  THE  UNDER-
 SERVED OR HARD TO SERVE AREAS FOR WHICH FUNDS WOULD BE APPLIED; AND
   [(e)]  (D) shall have professional assistance available on a seven day
 per week, twenty-four hour per day basis[;
   (f) shall establish a reasonable relationship between costs and charg-
 es, or establish charges at approximate cost; and
   (g) has no other available financial  resources  to  serve  the  popu-
 lations as identified in paragraph (b) of this subdivision].
   5.  For  the purpose of this section and [sections] SECTION thirty-six
 hundred seven [and thirty-six hundred nine] of this article,  [a  grant]
 AN  applicant  FOR  FUNDS  shall submit a copy of its application to the
 [health systems agency in whose region the applicant is located] DEPART-
 MENT.
   6. For the purpose of this section and [sections]  SECTION  thirty-six
 hundred  seven  [and  thirty-six  hundred  nine]  of this article, [each
 health systems agency shall convene an  advisory  group  with  represen-
 tatives from, but not limited to, local departments of health, including
 those  organized  and  unorganized  as  county  and  part-county  health
 districts, social services districts, offices for the  aging,  certified
 home health agencies, and consumers of home health agency services. Such
 advisory  group, after considering recommendations from persons involved
 in or knowledgeable about home care services delivered in  that  region,
 shall, consistent with state and regional health plans, identify priori-
 ty  regional and local needs for the purposes identified in this section
 and sections thirty-six hundred seven and  thirty-six  hundred  nine  of
 A. 7568                             4

 this  article.    The health systems agency shall provide to the commis-
 sioner the recommendations of the advisory group regarding  which  grant
 applications  meet  regional  and  local  needs, as well as the advisory
 group's prioritization of applications.
   7.  For  the  purposes of this section and sections thirty-six hundred
 seven and thirty-six hundred nine of  this  article,]  the  commissioner
 shall  approve  applications  for [grants] FUNDS which meet the require-
 ments of this section pursuant to which the application is submitted and
 rules and regulations  adopted  pursuant  thereto.  [In  approving  such
 applications,  the  commissioner shall take into prime consideration the
 recommendations of the advisory group convened  by  the  health  systems
 agency  in  whose  region  the applicants are located and also take into
 consideration other applications submitted by  the  same  applicant  for
 grants submitted pursuant to such sections. The commissioner shall noti-
 fy  each advisory group and each applicant in writing of his approval or
 disapproval and, if disapproval, shall  state  the  reasons  for  disap-
 proval.
   8.  Grants]  7. FUNDS approved for the purposes of this section may be
 made each year for up to a two-year period [or until the costs for  such
 services  provided  by  virtue  of  receipt of the grant are included in
 rates of payment, whichever is sooner]. Certified home  health  agencies
 which  receive  [grants]  FUNDS pursuant to this section may reapply for
 [grants] FUNDS and may  be  approved  if  the  applicant  satisfies  the
 requirements  of  subdivision  four  of this section and rules and regu-
 lations adopted pursuant to this section.
   [9.] 8. In the event that a public certified  home  health  agency  is
 approved  for [a grant] FUNDS, pursuant to this section, funds [provided
 under the grant] shall not reduce the amount of aid otherwise reimbursa-
 ble to such agency pursuant to article six of this chapter.
   [10.] 9. The commissioner is authorized to promulgate such  rules  and
 regulations,  as  are  necessary  to  carry  out  the provisions of this
 section. Such rules and regulations may include, but not be limited  to,
 minimum  and maximum [grant] FUNDING levels PROVIDED TO INDIVIDUAL AGEN-
 CIES UNDER THIS SECTION.
   [11.] 10. Recipients of [grants] FUNDS shall submit to the commission-
 er reports on the use of [grants] FUNDS provided under this  section  at
 such times and in such format as the commissioner may prescribe.
   §  3.  The public health law is amended by adding a new section 3616-b
 to read as follows:
   § 3616-B. STATE AID TO LICENSED HOME CARE SERVICES AGENCIES FOR COMMU-
 NITY NEED. 1. NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  LAW  OR
 DEPARTMENT RULE OR REGULATION, THE COMMISSIONER IS HEREBY AUTHORIZED AND
 DIRECTED TO PROVIDE, WITHIN THE AMOUNT ALLOCATED PURSUANT TO SUBDIVISION
 TWO  OF  THIS  SECTION,  GRANTS  OR  RATE  INCREASES  FOR THE PURPOSE OF
 SUPPORTING AND INCREASING HOME CARE SERVICES AVAILABILITY  AND  CAPACITY
 BY  LICENSED  HOME  CARE  SERVICES AGENCIES TO MEET COMMUNITY NEED. SUCH
 FUNDS SHALL BE UTILIZED TO  INCREASE  THE  NUMBER  OF  PERSONS  PROVIDED
 SERVICES,  THE  KIND OF SERVICES PROVIDED, INCLUDING MEDICAL, SOCIAL AND
 ENVIRONMENTAL SERVICES, THE SHARING OF SERVICES OR TO IMPROVE OR  EXPAND
 THE  METHOD  OR  FREQUENCY OF THE DELIVERY OF SERVICES. FUNDING APPLICA-
 TIONS SHALL INCLUDE, BUT NOT BE LIMITED TO SPECIFIC PLANS TO PROVIDE THE
 FOLLOWING:
   (A) AN EXPANSION OF THE TYPES AND METHODS OF SERVICES  MADE  AVAILABLE
 OR DELIVERED TO PERSONS AT HOME;
 A. 7568                             5
 
   (B)  AN  INCREASE  IN  THE  NUMBER  OF PERSONS ACCESSING HOME CARE AND
 SERVICES, OR TO SUPPORT A LICENSED HOME CARE  SERVICES  AGENCY'S  AVAIL-
 ABILITY TO PATIENTS ON A SEVEN-DAY-A-WEEK BASIS;
   (C) AN INCREASE IN SERVICES DELIVERED TO HIGH-COST, HIGH-NEED PERSONS,
 AND  THOSE  IN  REMOTE, UNDERSERVED AREAS OF THE STATE, AND SPECIAL CARE
 POPULATIONS;
   (D) SERVICES TO DIVERSE POPULATIONS,  POPULATIONS  WITH  SPECIAL  CARE
 NEEDS, OR OTHERWISE UNDERSERVED, HARD TO SERVE, OR IDENTIFIED AS PARTIC-
 ULARLY IN NEED;
   (E)   THE   DEVELOPMENT  OF  RECRUITMENT,  SPECIALIZED  TRAINING,  AND
 RETENTION INITIATIVES FOR STAFF INCLUDING BUT  NOT  LIMITED  TO  TUITION
 ASSISTANCE,   TRANSPORTATION  ASSISTANCE,  CHILDCARE  SUPPORT,  CLINICAL
 PRECEPTORSHIP PROGRAMS, AND EMPLOYEE ASSISTANCE PROGRAMS  SUCH  AS  PEER
 MENTORING, MENTAL HEALTH COUNSELING, AND OTHER SUCH PROGRAMS;
   (F)  THE DEVELOPMENT OF TRAINING PROGRAMS APPROVED BY THE COMMISSIONER
 TO IMPROVE THE QUALITY OF SERVICES PROVIDED;
   (G) THE DEVELOPMENT OF PROGRAMS TO COORDINATE THE  WORK  OF  THE  HOME
 CARE AGENCY WITH OTHER COMMUNITY RESOURCES, INCLUDING BUT NOT LIMITED TO
 OTHER  LICENSED HOME CARE SERVICES AGENCIES, CERTIFIED HOME HEALTH AGEN-
 CIES, HOSPICES, HOSPITALS, SOCIAL SERVICES AGENCIES, AND COMMUNITY BASED
 ORGANIZATIONS;
   (H) DEMONSTRATION PROJECTS TO PROVIDE CARE IN THE HOME BY USING  METH-
 ODS, PROGRAMS, OR ARRANGEMENTS NOT ORDINARILY USED BY LICENSED HOME CARE
 SERVICES  AGENCIES, AND THAT WILL HELP TO DETERMINE THE MOST APPROPRIATE
 MEANS OF REDUCING INSTITUTIONAL CARE AND  OF  PROVIDING  BETTER  QUALITY
 CARE   SERVICES,  MOST  COST-EFFECTIVE  SERVICES,  AND  MORE  ACCESSIBLE
 SERVICES;
   (I) THE DEVELOPMENT OF PROGRAMS TO IMPROVE HOME CARE PATIENTS'  ACCESS
 TO PRIMARY HEALTH SERVICES, OR
   (J)  THE  ACQUISITION  AND  IMPLEMENTATION  OF TECHNOLOGY, SYSTEMS, OR
 EQUIPMENT THAT WOULD SUPPORT THE DELIVERY  OF  THE  IDENTIFIED  EXPANDED
 SERVICES.
   2. STATE AID SHALL BE PROVIDED TO LICENSED HOME CARE SERVICES ANNUALLY
 TO  ASSIST  IN  DEVELOPING AND ENSURING THEIR CAPACITY TO MEET COMMUNITY
 NEED.  FUNDS FOR SUCH AID SHALL BE MADE AVAILABLE  ANNUALLY  IN  AMOUNTS
 APPROPRIATED  AND  DISTRIBUTED  TO  AGENCIES  IN  THE  FORM OF INCREASED
 MEDICAL ASSISTANCE RATES AND/OR DIRECT  GRANTS,  AS  BEST  MAXIMIZES  AN
 AGENCY'S  ABILITY  TO  RECEIVE  AND UTILIZE FUNDS FOR THE PURPOSES UNDER
 THIS SECTION,  AND  AS  MAXIMIZES,  WHERE  APPLICABLE,  FEDERAL  MEDICAL
 ASSISTANCE PARTICIPATION.
   3.  SUCH ANNUAL FUNDS ALLOCATED SHALL BE MADE AVAILABLE UNDER SUBDIVI-
 SION TWO OF THIS SECTION TO APPLICANTS WITHIN ALL REGIONS OF  THE  STATE
 PURSUANT  TO  THE  PROVISIONS  OF  THIS  SECTION  AND AS APPROVED BY THE
 COMMISSIONER.
   4. (A) THE COMMISSIONER SHALL ESTABLISH A MECHANISM AND PARAMETERS FOR
 THE ALLOCATION OF FUNDS TO AGENCIES WHICH PROVIDES FOR  TRANSPARENCY  TO
 THE  AGENCY AND ALSO, IF THROUGH MEDICAID RATES, TRANSPARENCY TO A MEDI-
 CAID MANAGED CARE PLAN, MANAGED LONG TERM CARE PLAN, PROGRAM OF  ALL-IN-
 CLUSIVE  CARE  FOR  THE ELDERLY, CERTIFIED HOME HEALTH AGENCY, LONG TERM
 HOME HEALTH CARE PROGRAM, HOSPICE OR OTHER  SIMILAR  PROGRAM  OR  ENTITY
 WITH  WHICH  A LICENSED HOME CARE AGENCY HAS A CONTRACT FOR SERVICES AND
 PAYMENT AND PROVIDES A RATE PAYMENT TO THE LICENSED AGENCY.
   (B) SUCH FUNDING SHALL BE PROVIDED EITHER  DIRECTLY  TO  THE  LICENSED
 AGENCY,  OR WHERE PROVIDED THROUGH CONTRACTED RATE, SHALL SUPPLEMENT THE
 RATE PAYMENT TO THE LICENSED AGENCY AND SHALL NOT BE SUBJECT  TO  OFFSET
 OR NEGOTIATION AGAINST THE AGENCY'S BASE RATE WITH SUCH CONTRACTOR.
 A. 7568                             6
 
   5.  THE  COMMISSIONER  SHALL  CONVENE  A  TECHNICAL  ADVISORY GROUP TO
 PROVIDE CONSULTATION, RECOMMENDATIONS AND TECHNICAL  ASSISTANCE  ON  THE
 DEVELOPMENT  OF  THE  METHODOLOGY  FOR  ALLOCATION OF THE FUNDS, AND MAY
 INCLUDE SUCH OTHER ADVICE AND CONSULTATION REGARDING  IMPLEMENTATION  OF
 THIS SECTION AS THE COMMISSIONER MAY SEEK. SUCH TECHNICAL ADVISORY GROUP
 SHALL  INCLUDE  BUT  NOT BE LIMITED TO REPRESENTATION FROM LICENSED HOME
 CARE SERVICES AGENCIES GEOGRAPHICALLY REFLECTIVE OF THE STATE'S REGIONS,
 AND REPRESENTATIVES OF STATEWIDE HOME  CARE  PROVIDER  AND  HEALTH  PLAN
 ASSOCIATIONS. THE COMMISSIONER SHALL CONSIDER THE RECOMMENDATIONS OF THE
 TECHNICAL  ADVISORY GROUP IN IMPLEMENTATION, AND SHALL IMPLEMENT FUNDING
 EXPEDITIOUSLY WITH THE START OF EACH STATE FISCAL YEAR.
   § 4. The public health law is amended by adding a new  section  4012-c
 to read as follows:
   § 4012-C. STATE AID FOR HOSPICE COMMUNITY NEED. 1. THE COMMISSIONER IS
 HEREBY  AUTHORIZED,  WITHIN THE AMOUNT ALLOCATED PURSUANT TO SUBDIVISION
 TWO OF THIS SECTION, TO MAKE GRANTS OR RATE INCREASES  TO  HOSPICES  FOR
 THE  PURPOSE  OF SUPPORTING AND INCREASING HOSPICE SERVICES AVAILABILITY
 AND CAPACITY TO MEET COMMUNITY NEED. SUCH FUNDS  SHALL  BE  UTILIZED  TO
 INCREASE  THE  NUMBER OF PERSONS PROVIDED SERVICES, THE KIND OF SERVICES
 PROVIDED, INCLUDING MEDICAL, SOCIAL,  AND  ENVIRONMENTAL  SERVICES,  THE
 SHARING  OF SERVICES, OR TO IMPROVE OR EXPAND THE METHODS OF DELIVERY OF
 HOSPICE CARE. FUNDS SHALL BE ALLOCATED BASED ON AN  APPLICATION  PROCESS
 ESTABLISHED  BY THE COMMISSIONER, WHICH SHALL INCLUDE BUT NOT BE LIMITED
 TO THE HOSPICE'S SPECIFIC PLANS TO PROVIDE FOR THE FOLLOWING:
   (A) IMPROVEMENT IN TIMELY EDUCATION, REFERRAL AND  ENTRY  OF  PATIENTS
 INTO HOSPICE;
   (B)  INCREASE IN THE NUMBER OF PERSONS PROVIDED HOSPICE AND PALLIATIVE
 CARE SERVICES COMMENSURATE WITH NEED, OR TO SUPPORT HOSPICES' AVAILABIL-
 ITY TO PATIENTS ON A SEVEN-DAY-A-WEEK BASIS;
   (C) SERVICES TO DIVERSE POPULATIONS,  POPULATIONS  WITH  SPECIAL  CARE
 NEEDS,  AND/OR  POPULATIONS  AND/OR  AREAS  OF  THE  STATE DEEMED BY THE
 COMMISSIONER AS UNDERSERVED OR HARD TO SERVE;
   (D) EXPANSION OF THE TYPES AND METHODS OF HOSPICE SERVICES MADE AVAIL-
 ABLE;
   (E) ACQUISITION AND IMPLEMENTATION OF TECHNOLOGY SUPPORTING THE DELIV-
 ERY, COORDINATION, OR MANAGEMENT OF SERVICES;
   (E) DEVELOPMENT OF RECRUITMENT, TRAINING AND RETENTION INITIATIVES FOR
 HOSPICE PERSONNEL, INCLUDING BUT NOT LIMITED TO: (I) BASIC TRAINING  AND
 IN-SERVICE TRAINING SUPPORT; (II) SPECIALIZED TRAINING, INCLUDING TRAIN-
 ING TO IMPROVE THE QUALITY OF CARE; AND (III) RETENTION INITIATIVES THAT
 MAY  BE  OFFERED BY THE HOSPICE AND THAT MAY INCLUDE TUITION ASSISTANCE,
 TRANSPORTATION ASSISTANCE,  CHILDCARE  SUPPORT,  CLINICAL  PRECEPTORSHIP
 PROGRAMS, PEER MENTORING, AND EMPLOYEE ASSISTANCE PROGRAMS;
   (F) DEVELOPMENT OF PROGRAMS TO COORDINATE THE WORK OF THE HOSPICE WITH
 OTHER  COMMUNITY RESOURCES, INCLUDING BUT NOT LIMITED TO OTHER HOSPICES,
 PHYSICIANS, HOME HEALTH AGENCIES, HOSPITALS, SOCIAL  SERVICES  AGENCIES,
 AND COMMUNITY BASED ORGANIZATIONS; AND
   (G)  SUCH  OTHER  PURPOSES  AS  THE  COMMISSIONER  MAY APPROVE AND ARE
 CONSISTENT WITH PROVISIONS OF THIS SUBDIVISION.
   2. STATE AID SHALL BE PROVIDED TO HOSPICES ANNUALLY, IN AMOUNTS AS ARE
 APPROPRIATED, TO ASSIST IN DEVELOPING AND  ENSURING  THEIR  CAPACITY  TO
 MEET  COMMUNITY  NEED IN ALL REGIONS OF THE STATE. SUCH AMOUNTS SHALL BE
 DISTRIBUTED TO HOSPICES IN THE  FORM  OF  DIRECT  GRANTS,  OR  INCREASED
 MEDICAL  ASSISTANCE  RATES,  AS  BEST  MAXIMIZES  A HOSPICE'S ABILITY TO
 RECEIVE AND UTILIZE FUNDS FOR THE PURPOSES UNDER THIS SECTION.
 A. 7568                             7
 
   3. IN ORDER TO BE CONSIDERED ELIGIBLE FOR RECEIPT OF FUNDS PURSUANT TO
 THIS SECTION, A HOSPICE SHALL SUBMIT AN APPLICATION TO  THE  DEPARTMENT.
 SUCH  APPLICATION  SHALL DEMONSTRATE, TO THE SATISFACTION OF THE COMMIS-
 SIONER, THAT THE HOSPICE:
   (A)  RECEIVED  A CERTIFICATE OF APPROVAL PURSUANT TO THE PROVISIONS OF
 THIS ARTICLE AT LEAST TWO YEARS PRIOR TO THE DATE OF THE APPLICATION AND
 THAT SUCH CERTIFICATE HAS NOT BEEN REVOKED OR ANNULLED SUBSEQUENT TO ITS
 RECEIPT AND IS NOT LIMITED AS OF THE TIME OF APPLICATION;
   (B) SHALL UTILIZE SUCH FUNDS TO SUPPORT OR INCREASE  HOSPICE  SERVICES
 FOR THE PURPOSES SPECIFIED IN SUBDIVISION TWO OF THIS SECTION;
   (C)  SHALL  UNDERTAKE REASONABLE EFFORTS TO MAINTAIN FINANCIAL SUPPORT
 FROM PUBLIC AND COMMUNITY CONTRIBUTED FUNDING SOURCES; AND
   (D) SHALL DEMONSTRATE A SERVICE COMMITMENT TO THE POPULATIONS OR AREAS
 FOR WHICH FUNDS WOULD BE APPLIED.
   4. THE COMMISSIONER SHALL APPROVE APPLICATIONS FOR  FUNDS  WHICH  MEET
 THE REQUIREMENTS OF THIS SECTION.
   5.  FUNDS  APPROVED  UNDER  THIS SECTION FOR HOSPICES MAY BE MADE EACH
 YEAR FOR UP TO A TWO-YEAR PERIOD. HOSPICES MAY REAPPLY FOR FUNDS SUBJECT
 TO THE REQUIREMENTS OF THIS SECTION.
   6. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE GUIDANCE AS  NECESSARY
 TO  CARRY OUT THE PROVISIONS OF THIS SECTION. SUCH GUIDANCE MAY INCLUDE,
 BUT NOT BE LIMITED TO, MINIMUM AND MAXIMUM FUNDING  LEVELS  PROVIDED  TO
 INDIVIDUAL HOSPICE AGENCIES UNDER THIS SECTION.
   7. RECIPIENTS OF FUNDS SHALL SUBMIT TO THE COMMISSIONER REPORTS ON THE
 USE  OF  FUNDS  PROVIDED  UNDER  THIS  SECTION AT SUCH TIMES AND IN SUCH
 FORMAT AS THE COMMISSIONER MAY PRESCRIBE.
   § 5. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law; provided however, that the
 amendments  to section 3615 of the public health law made by section two
 of this act shall not affect the expiration of such  section  and  shall
 expire  therewith. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.