S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5590
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 18, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09673-01-5
              

 A. 5590                             2
 
   [3.]  6.  "Qualifying  health  care  costs"  means the future medical,
 hospital,  surgical,  nursing,  dental,  rehabilitation,   habilitation,
 respite,  custodial,  durable  medical  equipment,  home  modifications,
 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]   SUCH
 PLAINTIFF'S OR CLAIMANT'S 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 TWO 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.