Assembly Bill A10258

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10258
 
                           I N  A S S E M B L Y
 
                             February 12, 2026
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  establishing
   prescribed  pediatric  extended  care  centers;  and providing for the
   repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new article
 44-A, to read as follows:
                               ARTICLE 44-A
                PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
 SECTION 4450. LEGISLATIVE INTENT.
         4451. ESTABLISHMENT AND AUTHORIZATION.
         4452. REGULATORY AUTHORITY.
         4453. REPORTING.
   §  4450.  LEGISLATIVE  INTENT.  THE  LEGISLATURE  HEREBY  FINDS   THAT
 MEDICALLY  FRAGILE  CHILDREN,  AS  DEFINED IN SECTION FOUR THOUSAND FOUR
 HUNDRED ONE OF THIS CHAPTER, OFTEN REQUIRE CONTINUAL SKILLED NURSING AND
 THERAPEUTIC CARE WHICH CANNOT BE ADEQUATELY PROVIDED IN HOME  OR  SCHOOL
 SETTINGS ALONE. IT IS THEREFORE THE INTENT OF THE LEGISLATURE TO AUTHOR-
 IZE AND REGULATE PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS THAT PROVIDE
 COORDINATED,  COMPREHENSIVE,  NONRESIDENTIAL SUPPORTIVE SERVICES TO SUCH
 CHILDREN AND THEIR FAMILIES UNDER THE SUPERVISION OF THE DEPARTMENT.
   § 4451. ESTABLISHMENT AND AUTHORIZATION. 1. THE DEPARTMENT  IS  HEREBY
 AUTHORIZED  AND  DIRECTED  TO ESTABLISH AND ADMINISTER A PROGRAM FOR THE
 CERTIFICATION, OPERATION, AND OVERSIGHT OF PRESCRIBED PEDIATRIC EXTENDED
 CARE CENTERS.
   2. THE COMMISSIONER MAY APPROVE UP TO TWO CENTERS FOR OPERATION WITHIN
 THE STATE, AT LEAST ONE OF WHICH SHALL BE LOCATED WITHIN ONE OF THE FIVE
 BOROUGHS OF THE CITY OF NEW YORK.
   3. A PRESCRIBED PEDIATRIC EXTENDED CARE CENTER SHALL BE A  NONRESIDEN-
 TIAL  FACILITY THAT PROVIDES SUPPORTIVE SERVICES TO MEDICALLY STABLE AND
 MEDICALLY COMPLEX CHILDREN WHO REQUIRE CONTINUAL NURSING CARE.
   4. EACH SUCH CENTER SHALL PROVIDE, AT A MINIMUM:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14640-01-6
 A. 10258                            2
 
   (A) MEDICAL AND SKILLED NURSING SERVICES INCLUDING,  BUT  NOT  LIMITED
 TO,  VENTILATOR AND TRACHEOSTOMY MANAGEMENT, SUCTIONING, OXYGEN THERAPY,
 NEBULIZER TREATMENTS, ENTERAL FEEDING AND TUBE CARE,  APNEA  MONITORING,
 CENTRAL-LINE  AND  PORT  CARE,  OSTOMY  MANAGEMENT,  MEDICATION ADMINIS-
 TRATION,  BLADDER  CATHETERIZATION  AND  IRRIGATION,  SHUNT  MONITORING,
 SEIZURE ASSESSMENT AND MANAGEMENT,  SKILLED  ASSESSMENT,  AND  EMERGENCY
 PROTOCOLS;
   (B) EARLY-INTERVENTION AND DEVELOPMENTAL THERAPIES, INCLUDING PHYSICAL
 THERAPY, SPEECH THERAPY, AND OCCUPATIONAL THERAPY; AND
   (C)  PSYCHOSOCIAL,  NUTRITIONAL,  AND OTHER SUPPORTIVE SERVICES AS THE
 DEPARTMENT MAY REQUIRE.
   § 4452. REGULATORY AUTHORITY. 1.  THE  COMMISSIONER  SHALL  PROMULGATE
 RULES  AND  REGULATIONS  NECESSARY  TO EFFECTUATE THE PROVISIONS OF THIS
 ARTICLE.  SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO,  STAND-
 ARDS FOR:
   (A) THE ESTABLISHMENT, CERTIFICATION, AND RENEWAL OF PRESCRIBED PEDIA-
 TRIC EXTENDED CARE CENTERS;
   (B) MINIMUM STAFFING QUALIFICATIONS AND RATIOS;
   (C) HEALTH, SAFETY, AND INFECTION-CONTROL REQUIREMENTS;
   (D)  CLINICAL  DOCUMENTATION,  QUALITY-ASSURANCE,  AND REPORTING OBLI-
 GATIONS; AND
   (E) INSPECTION, ENFORCEMENT, AND PENALTY  PROCEDURES  CONSISTENT  WITH
 SECTIONS TWELVE AND TWELVE-B OF THIS CHAPTER.
   2.  THE  DEPARTMENT  SHALL  HAVE ALL POWERS NECESSARY TO IMPLEMENT AND
 ENFORCE THIS ARTICLE, INCLUDING THE AUTHORITY TO ISSUE  GUIDANCE,  ENTER
 INTO  CONTRACTS, COLLECT DATA, AND TAKE SUCH ACTIONS AS MAY BE NECESSARY
 TO PROTECT THE HEALTH AND SAFETY OF CHILDREN SERVED BY SUCH CENTERS.
   § 4453. REPORTING. THE COMMISSIONER SHALL REPORT TO THE GOVERNOR,  THE
 SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE ON OR
 BEFORE  SEPTEMBER  THIRTIETH,  TWO  THOUSAND THIRTY, ON THE CLINICAL AND
 COST-EFFECTIVENESS OF THE PROGRAM  AND  ANY  LEGISLATIVE  OR  REGULATORY
 RECOMMENDATIONS.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed March 31, 2031.