Assembly Bill A7818

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7818
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to creating a respir-
   atory therapy demonstration program for residential health care facil-
   ities
 
   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 section
 2832 to read as follows:
   § 2832. RESIDENTIAL HEALTH CARE FACILITIES; RESPIRATORY THERAPY DEMON-
 STRATION PROGRAM. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE
 CONTRARY,  THE  COMMISSIONER IS AUTHORIZED TO APPROVE UP TO TEN RESIDEN-
 TIAL HEALTH CARE FACILITIES WITHIN  THE  STATE  TO  OPERATE  RESPIRATORY
 THERAPY UNITS BY AND WITHIN SUCH RESIDENTIAL HEALTH CARE FACILITIES. FOR
 PURPOSES  OF  THIS SECTION, "RESPIRATORY THERAPY" SHALL MEAN THE ASSESS-
 MENT, TREATMENT, MONITORING AND THERAPEUTIC INTERVENTIONS  AND  RESTORA-
 TIONS  OF PATIENTS WITH DEFICIENCIES OR ABNORMALITIES OF CARDIOPULMONARY
 FUNCTION AND TRAINING WITH EDUCATION TO RETURN TO THE COMMUNITY.
   2. RESPIRATORY THERAPY SERVICES SHALL INCLUDE:
   (A) APPLICATION OF TECHNIQUES FOR SUPPORT OF  HIGH-FLOW  AND  LOW-FLOW
 OXYGENATION,  MECHANICAL  VENTILATION, THERAPEUTIC PULMONARY AND CARDIAC
 REHABILITATION AND INTERDISCIPLINARY  INTERVENTIONS  TO  ASSIST  IN  THE
 RESTORATION  OF  THE  PATIENT'S  OVERALL WELLNESS TO SUPPORT AND PROMOTE
 HEALTHY BREATHING, IN THE SHORT AND LONG-TERM;
   (B) PULMONARY REHABILITATION TECHNIQUES AND THERAPEUTIC  INTERVENTIONS
 FOR  THOSE  SUFFERING FROM CHRONIC OBSTRUCTIVE PULMONARY DISEASE (COPD),
 AND/OR RECOVERING FROM LUNG SURGERY,  ASTHMA  ATTACKS,  BRONCHITIS,  AND
 PNEUMONIA TO IMPROVE THEIR BREATHING FOR A BETTER QUALITY OF LIFE DURING
 A SKILLED NURSING FACILITY STAY;
   (C) SELF-MANAGEMENT EDUCATION AND INTERVENTIONS FOR PEOPLE WITH CHRON-
 IC  OBSTRUCTIVE  PULMONARY  DISEASE  (COPD), AND/OR RECOVERING FROM LUNG
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10076-01-5
              

 A. 7818                             2
 
 SURGERY, ASTHMA ATTACKS, BRONCHITIS, AND PNEUMONIA  TO  ASSIST  PATIENTS
 RETURN TO COMMUNITY AND TO THRIVE AT HOME AND REDUCE THE NEED FOR FUTURE
 HOSPITALIZATIONS; AND
   (D) PULMONARY REHABILITATION TECHNIQUES AND OVERALL WELLNESS EDUCATION
 AND TRAINING TO DEVELOP STRENGTH AND ENDURANCE OF SUPPORTING RESPIRATORY
 MUSCLES  AND  OTHER  TECHNIQUES  TO INCREASE RESPIRATORY FUNCTION, WHICH
 WILL IMPROVE THE SUCCESS OF VENTILATOR-WEANING, REDUCE MORTALITY  RATES,
 AND  HASTEN  THE  RETURN  OF  ELIGIBLE  CANDIDATES  TO  BETTER  POSITIVE
 OUTCOMES.
   3. IN ORDER TO RECEIVE APPROVAL FROM THE  COMMISSIONER  TO  OPERATE  A
 RESPIRATORY  THERAPY UNIT AND TO PROVIDE RESPIRATORY THERAPY, A RESIDEN-
 TIAL HEALTH CARE FACILITY SHALL FILE AN APPLICATION ON FORMS  PRESCRIBED
 BY OR ACCEPTABLE TO THE COMMISSIONER.
   (A)  THE  COMMISSIONER  SHALL  ACT  UPON SUCH APPLICATIONS IN A MANNER
 CONSISTENT WITH SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE. IN THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL'S EVALUATION  OF  APPLICATIONS
 AND  THE  COMMISSIONER  ACTING UPON SUCH APPLICATIONS, PRIORITY SHALL BE
 GIVEN TO APPLICANTS WHO CAN DEMONSTRATE  A  HISTORY  OF  PROVIDING  SUCH
 RESPIRATORY THERAPY OVER THE PAST TEN YEARS.
   (B)  IN ORDER TO BE APPROVED TO OPERATE A RESPIRATORY THERAPY UNIT AND
 TO PROVIDE RESPIRATORY THERAPY, AN APPLICANT MUST COMPLY WITH  AND  MEET
 ALL  APPLICABLE  REQUIREMENTS  OF  AND CONDITIONS OF PARTICIPATION UNDER
 TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT (MEDICARE).
   (C) THE  COMMISSIONER  SHALL  ESTABLISH  THE  OPERATING  COMPONENT  OF
 REIMBURSEMENT RATES APPROPRIATE FOR PATIENTS REQUIRING RESPIRATORY THER-
 APY IN A RESPIRATORY THERAPY UNIT, WHICH SHALL INCLUDE:
   (I) FUNDING FOR MINIMUM STAFFING APPROPRIATE TO MEET THE STANDARDS AND
 NEEDS  OF  EACH  LEVEL  OF  NURSING  CARE, INCLUDING BUT NOT LIMITED TO,
 SUCTIONING, TRANSFERRING FROM BED DAILY, WHIRLPOOL BATHING AND TRANSPORT
 TO THERAPY GYM;
   (II) MINIMUM STAFFING FOR THERAPEUTIC INTERVENTIONS, INCLUDING  THERA-
 PEUTIC  RECREATION,  PHYSICAL,  OCCUPATIONAL  AND  SPEECH THERAPIES, AND
 ADEQUATE STAFF TO TRANSPORT RESIDENTS; AND
   (III) APPROPRIATE EQUIPMENT AND SUPPLIES NECESSARY TO PROVIDE  RESPIR-
 ATORY  CARE  AND  EDUCATION,  INCLUDING PORTABLE MECHANICAL VENTILATORS,
 OXYGEN, IN-WALL AND PORTABLE, APPROPRIATE SPEAKING VALVES, AND APPROPRI-
 ATE HIGH PROTEIN AND HIGH CALORIC NUTRITION.
   4. THE COMMISSIONER SHALL REPORT TO THE GOVERNOR AND  THE  LEGISLATURE
 CONCERNING  THE  IMPLEMENTATION  OF  THIS  SECTION  AND THE OPERATION OF
 RESPIRATORY THERAPY UNITS WITHIN THREE YEARS AFTER THE EFFECTIVE DATE OF
 THIS SECTION. SUCH REPORT SHALL INCLUDE A RECOMMENDATION  REGARDING  THE
 EXPANSION  OF  THE DEMONSTRATION PROGRAM AND OTHER METRICS TO DEFINE THE
 NEED FOR AND COST OF SERVICES FOR THE POPULATION OF INDIVIDUALS  REQUIR-
 ING RESPIRATORY THERAPY, AS DETERMINED BY THE COMMISSIONER.
   § 2. This act shall take effect immediately.