Bill S3672-2011

Changes references to private duty nursing services to specialized nursing services

Changes references to private duty nursing services to specialized nursing services.

Details

Actions

  • Mar 6, 2012: referred to health
  • Mar 6, 2012: DELIVERED TO ASSEMBLY
  • Mar 6, 2012: PASSED SENATE
  • Mar 5, 2012: ADVANCED TO THIRD READING
  • Mar 1, 2012: 2ND REPORT CAL.
  • Feb 29, 2012: 1ST REPORT CAL.236
  • Jan 4, 2012: REFERRED TO HEALTH
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 6, 2011: referred to health
  • Jun 6, 2011: DELIVERED TO ASSEMBLY
  • Jun 6, 2011: PASSED SENATE
  • Mar 10, 2011: ADVANCED TO THIRD READING
  • Mar 9, 2011: 2ND REPORT CAL.
  • Mar 8, 2011: 1ST REPORT CAL.193
  • Mar 1, 2011: REFERRED TO HEALTH

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Health - Mar 8, 2011
Ayes (14): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Adams, Gianaris, Montgomery, Smith, Stewart-Cousins
Ayes W/R (3): Duane, Kruger, Rivera
VOTE: COMMITTEE VOTE: - Health - Feb 29, 2012
Ayes (16): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Duane, Gianaris, Montgomery, Rivera, Smith, Stewart-Cousins, Peralta
Excused (1): Adams

Memo

BILL NUMBER:S3672

TITLE OF BILL: An act to amend the public health law and the social services law, in relation to specialized nursing services

PURPOSE: To ensure that certain references to "specialized nursing services" in the public health law and the social services law accurately reflect the nature of the services provided.

SUMMARY OF PROVISIONS: Section one amends paragraph (c) of subdivision 11 of section 3614 of the public health law to include specialized (PDN) nursing services.

Section two amends paragraphs (a) and (1) of subdivision (2) of section 365-a of the social services law.

Section three amends paragraph (c) of subdivision (2) of section 365-f of the social services law.

Section four amends section 367-p of the social services law.

Sections five and six amend section 367-r of the social services law.

JUSTIFICATION: The Medicaid Program delivers High-Tech Nursing Services through what is currently described as the "Private Duty Nursing Program" (PDN). This program provides disabled children and adults with skilled nursing services in their homes. Many of these individuals rely on technology and certain devices to maintain themselves at home and in the community and include complex cases requiring specialized skills or a large number of hours of care. These are two ofthe key populations which continue to receive community-based services under numerous nursing home diversion efforts.

The current terminology in the Public Health Law (PHL) and Social Services Law (SSL), however, is antiquated and does not describe the actual nature of the nursing services being provided to these populations. This legislation would make technical amendments to the PHL and SSL to change the references to these services to "specialized nursing services", which more accurately reflects the nature of the services provided.

LEGISLATIVE HISTORY: S.5429 of 2007-2008 (Passed Senate)

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take .effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3672 2011-2012 Regular Sessions IN SENATE March 1, 2011 ___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the social services law, in relation to specialized nursing services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 11 of section 3614 of the public health law, as added by section 5 of part C of chapter 109 of the laws of 2006, is amended to read as follows: (c) Such rate adjustments shall be in the form of a uniform percentage add-on to the rates, as determined by the department, based on the proportion of the total allocated adjustment dollars, as determined in paragraph (b) of this subdivision, to the total medicaid expenditures for services provided for certified home health agencies, long-term home health care programs, AIDS nursing, personal care assistants and [private duty] SPECIALIZED nurses services in local social services districts which do not include a city with a population over one million. S 2. Paragraphs (a) and (1) of subdivision 2 of section 365-a of the social services law, paragraph (a) as amended by chapter 47 of the laws of 1996 and paragraph (1) as amended by chapter 81 of the laws of 1995, are amended to read as follows: (a) services of qualified physicians, dentists, nurses, and [private duty] SPECIALIZED nursing services shall be further subject to the provisions of [section three hundred sixty-seven-o of] this chapter, optometrists, and other related professional personnel; (l) care and services of podiatrists which care and services shall only be provided upon referral by a physician, nurse practitioner or certified nurse midwife in accordance with the program of early and periodic screening and diagnosis established pursuant to subdivision three of this section or to persons eligible for benefits under title
XVIII of the federal social security act as qualified medicare benefici- aries in accordance with federal requirements therefor and [private duty] SPECIALIZED nurses which care and services shall only be provided in accordance with regulations of the department of health; provided, however, that [private duty] SPECIALIZED nursing services shall not be restricted when such services are more appropriate and cost-effective than nursing services provided by a home health agency [pursuant to section three hundred sixty-seven-l]; S 3. Paragraph (c) of subdivision 2 of section 365-f of the social services law, as added by chapter 81 of the laws of 1995, is amended to read as follows: (c) has been determined by the social services district, pursuant to an assessment of the person's appropriateness for the program, conducted with an appropriate long term home health care program, a certified home health agency, or an AIDS home care program or pursuant to the personal care program, as being in need of home care services or [private duty] SPECIALIZED nursing and is able and willing or has a legal guardian able and willing to make informed choices, or has designated a relative or other adult who is able and willing to assist in making informed choic- es, as to the type and quality of services, including but not limited to such services as nursing care, personal care, transportation and respite services; and S 4. Section 367-p of the social services law, as added by chapter 81 of the laws of 1995, is amended to read as follows: S 367-p. Responsibilities of local districts for personal care services, home care services and [private duty] SPECIALIZED nursing. Consistent with the provisions [of section three hundred sixty-seven-n] of this title, local social services district responsibilities for personal care services, home care services and [private duty] SPECIAL- IZED nursing shall include the following: (a) local districts with programs which place individuals discharged from hospitals solely into certified home health agencies shall ensure that those individuals are reviewed for possible placement into personal care services within two weeks of discharge and, if appropriate, placed into personal care services within four weeks thereof; (b) each local district shall, by September first, nineteen hundred ninety-five, review that plan of care for every recipient receiving personal care on a continuous basis pursuant to [sections three hundred sixty-seven-k and three hundred sixty-seven-l of] this title; (c) each local district shall ensure access to a consumer directed personal assistance program operated pursuant to section three hundred sixty-five-f of this title is available in the district to allow persons receiving home care pursuant to this title to directly arrange and pay for such care; and (d) local districts shall not restrict, and shall not be restricted from approving, the provision of [private duty] SPECIALIZED nursing as an alternative to nursing services provided by a home health agency where appropriate and cost-effective [pursuant to section three hundred sixty-seven-l]. S 5. Section 367-r of the social services law, as amended by section 58-a of part A of chapter 57 of the laws of 2006, subdivision 1-a as amended by section 10 of part C of chapter 109 of the laws of 2006, is amended to read as follows: S 367-r. [Private duty] SPECIALIZED nursing services worker recruit- ment and retention program. 1. The commissioner of health shall, subject to the provisions of subdivision two of this section and to the avail-
ability of federal financial participation, increase medical assistance rates of payment by three percent for services provided on and after December first, two thousand two, for [private duty] SPECIALIZED nursing services for the purposes of improving recruitment and retention of [private duty] SPECIALIZED nurses. 1-a. Medically fragile children. In addition, the commissioner shall further increase rates for [private duty] SPECIALIZED nursing services that are provided to medically fragile children to ensure the availabil- ity of such services to such children. In establishing rates of payment under this subdivision, the commissioner shall consider the cost neutrality of such rates as related to the cost effectiveness of caring for medically fragile children in a non-institutional setting as compared to an institutional setting. Medically fragile children shall, for the purposes of this subdivision, have the same meaning as in subdi- vision three-a of section thirty-six hundred fourteen of the public health law. Such increased rates for services rendered to such children may take into consideration the elements of cost, geographical differen- tials in the elements of cost considered, economic factors in the area in which the [private duty] SPECIALIZED nursing service is provided, costs associated with the provision of [private duty] SPECIALIZED nurs- ing services to medically fragile children, and the need for incentives to improve services and institute economies and such increased rates shall be payable only to those [private duty] SPECIALIZED nurses who can demonstrate, to the satisfaction of the department of health, satisfac- tory training and experience to provide services to such children. Such increased rates shall be determined based on application of the case mix adjustment factor for AIDS home care program services rates as deter- mined pursuant to applicable regulations of the department of health. The commissioner may promulgate regulations to implement the provisions of this subdivision. 2. [Private duty] SPECIALIZED nursing services providers which have their rates adjusted pursuant to this section shall use such funds sole- ly for the purposes of recruitment and retention of [private duty] SPECIALIZED nurses or to ensure the delivery of [private duty] SPECIAL- IZED nursing services to medically fragile children and are prohibited from using such funds for any other purpose. Funds provided under this section are not intended to supplant support provided by a local govern- ment. Each such provider, with the exception of self-employed [private duty] SPECIALIZED nurses, shall submit, at a time and in a manner to be determined by the commissioner of health, a written certification attesting that such funds will be used solely for the purpose of recruitment and retention of [private duty] SPECIALIZED nurses or to ensure the delivery of [private duty] SPECIALIZED nursing services to medically fragile children. The commissioner of health is authorized to audit each such provider to ensure compliance with the written certif- ication required by this subdivision and shall recoup all funds deter- mined to have been used for purposes other than recruitment and retention of [private duty] SPECIALIZED nurses or the delivery of [private duty] SPECIALIZED nursing services to medically fragile chil- dren. Such recoupment shall be in addition to any other penalties provided by law. S 6. This act shall take effect immediately.

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