Senate Bill S8956

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8956
 
                             I N  S E N A T E
 
                               April 2, 2024
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to providing  medical
   indemnity  fund  reimbursement  for  care  provided by a family member
   certified as a complex care assistant
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2999-h  of  the public health law, as amended by
 chapter 112 of the laws of 2023, is amended to read as follows:
   § 2999-h. Definitions. As used in this title, unless  the  context  or
 subject matter requires otherwise:
   1.  "ACTIVITIES  OF DAILY LIVING" MEANS BASIC PERSONAL EVERYDAY ACTIV-
 ITIES, INCLUDING, BUT NOT LIMITED TO, TASKS SUCH AS  EATING,  TOILETING,
 GROOMING, DRESSING, BATHING, AND TRANSFERRING.
   2. "Birth-related neurological injury" means an injury to the brain or
 spinal  cord  of  a  live  infant caused by the deprivation of oxygen or
 mechanical injury occurring in the course of labor, delivery or resusci-
 tation, or by other medical services provided  or  not  provided  during
 delivery  admission,  that  rendered  the  infant  with  a permanent and
 substantial motor impairment or with a developmental disability as  that
 term is defined by section 1.03 of the mental hygiene law, or both. This
 definition shall apply to live births only.
   [2.]  3.  "COMPLEX CARE ASSISTANT" MEANS A FAMILY MEMBER WHO IS CERTI-
 FIED BY THE DEPARTMENT TO CARE FOR A QUALIFIED PLAINTIFF  UNDER  SECTION
 TWENTY-NINE HUNDRED NINETY-NINE-K OF THIS TITLE.
   4.  "FAMILY  MEMBER"  MEANS  A  CHILD, PARENT, PARENT-IN-LAW, SIBLING,
 GRANDPARENT, GRANDCHILD, SPOUSE, DOMESTIC PARTNER, OR ONE PARTNER  IN  A
 CIVIL  UNION  COUPLE,  OR ANY OTHER INDIVIDUAL RELATED BY BLOOD, AND ANY
 OTHER INDIVIDUAL WITH A CLOSE ASSOCIATION TO A QUALIFIED PLAINTIFF  THAT
 IS THE EQUIVALENT OF A FAMILY RELATIONSHIP.
   5. "Fund" means the New York state medical indemnity fund.
   [3.]  6.  "Qualifying  health  care  costs"  means the future medical,
 hospital,  surgical,  nursing,  dental,  rehabilitation,   habilitation,
 respite,  custodial,  durable  medical  equipment,  home  modifications,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14703-01-4
 S. 8956                             2
 
 assistive technology, vehicle modifications, transportation for purposes
 of health care related appointments, prescription  and  non-prescription
 medications,  ASSISTANCE  WITH  ACTIVITIES  OF  DAILY  LIVING, and other
 health  care  costs  actually  incurred  for  services  rendered  to and
 supplies utilized by qualified plaintiffs, which are necessary  to  meet
 their  health  care  needs,  as determined by their treating physicians,
 physician assistants, or nurse practitioners and as otherwise defined by
 the commissioner in regulation.
   [4.] 7. "Qualified plaintiff" means every plaintiff or  claimant  who:
 (A)  (i) has been found by a jury or court to have sustained a birth-re-
 lated neurological injury as the result of  medical  malpractice[,];  or
 (ii)  has sustained a birth-related neurological injury as the result of
 alleged medical malpractice, and has settled his or her lawsuit or claim
 therefor; and [(iii)] (B) has been ordered to be enrolled in the fund by
 a court in New York state.
   § 2. The public health law is amended by adding a new  section  2999-k
 to read as follows:
   §  2999-K. CERTIFICATION OF COMPLEX CARE ASSISTANTS. 1. A COMPLEX CARE
 ASSISTANT CERTIFIED PURSUANT TO THIS  SECTION  SHALL  BE  AUTHORIZED  TO
 PROVIDE  CARE  FOR  A FAMILY MEMBER WHO IS A QUALIFIED PLAINTIFF, AND TO
 RECEIVE REIMBURSEMENT FOR SUCH CARE AS PROVIDED  UNDER  SECTION  TWENTY-
 NINE HUNDRED NINETY-NINE-J OF THIS TITLE.
   2.  THE  COMMISSIONER  SHALL  ESTABLISH  A COURSE THAT MAY BE TAKEN BY
 FAMILY MEMBERS OF A QUALIFIED PLAINTIFF  FOR  CERTIFICATION  AS  COMPLEX
 CARE  ASSISTANTS.  SUCH  COURSE  SHALL  INCLUDE,  BUT NOT BE LIMITED TO,
 INSTRUCTION IN THE FOLLOWING TASKS REQUIRED  TO  CARE  FOR  A  QUALIFIED
 PLAINTIFF:
   (A) MEDICATION ADMINISTRATION;
   (B) AIRWAY CLEARANCE THERAPIES;
   (C) TRACHEOSTOMY CARE;
   (D) INTRAVENOUS LINE CARE;
   (E) VENTILATOR CARE;
   (F) ENTERAL CARE;
   (G) ASSISTANCE WITH ACTIVITIES OF DAILY LIVING; AND
   (H) ANY OTHER TASKS AS DETERMINED BY THE COMMISSIONER.
   3.  THE COURSE UNDER SUBDIVISION ONE OF THIS SECTION SHALL CONCLUDE IN
 AN IN-PERSON EXAM, TESTING PROFICIENCY AND COMPETENCE OF EXAM-TAKERS  IN
 PERFORMING  THE  TASKS  REQUIRED TO CARE FOR A QUALIFIED PLAINTIFF UNDER
 SUBDIVISION TWO OF THIS SECTION. INDIVIDUALS WHO RECEIVE A PASSING GRADE
 IN SUCH EXAM, AS DETERMINED BY THE COMMISSIONER, SHALL BE CERTIFIED AS A
 COMPLEX CARE ASSISTANT.
   § 3. Section 2999-j of the public health law is amended  by  adding  a
 new subdivision 4-a to read as follows:
   4-A.  THE  COMMISSIONER  SHALL  DEVELOP  A  METHOD BY WHICH QUALIFYING
 HEALTH CARE COSTS SHALL BE CALCULATED FOR SERVICES PROVIDED BY A COMPLEX
 CARE ASSISTANT.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. 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.