S T A T E   O F   N E W   Y O R K
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                                  5447

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 24, 2011
                               ___________

Introduced  by  Sens.  YOUNG, O'MARA, BRESLIN, KENNEDY -- (at request of
  the Legislative Commission on  Rural  Resources)  --  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  facilitating
  access  to  the  health occupation and workplace demonstration program
  for home care providers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1 and 3 of section 2807-h of the public health
law,  as amended by chapter 255 of the laws of 1994, are amended to read
as follows:
  1. The commissioner shall authorize health occupation development  and
workplace  demonstration  programs  and is directed to make rate adjust-
ments, subject to the availability of funds therefor, to cover the costs
of such programs; PROVIDED THAT THE COMMISSIONER MAY ALSO AUTHORIZE SUCH
PROGRAMS WITHOUT SUCH RATE ADJUSTMENTS, UPON APPLICATION  BY  PROVIDERS,
TO  PROMOTE  THE HEALTH OCCUPATION DEVELOPMENT AND WORKPLACE IMPROVEMENT
PURPOSES SPECIFIED IN THIS SECTION.   Providers shall  be  eligible  for
rate adjustments to develop, implement and evaluate programs to test new
models  of  organization  and  delivery  of services, and the use of new
technologies to improve  efficiency,  utilization  and  productivity  of
existing  health  care personnel; to reduce time that patient care staff
spend meeting documentation requirements; and to improve the recruitment
and retention of health personnel. Eligible providers shall consult with
staff, professional associations, unions and  other  affected  organiza-
tions in the development of proposals. The commissioner is authorized to
waive,  modify  or  suspend the respective provisions of rules and regu-
lations promulgated pursuant to this chapter OR THE SOCIAL SERVICES  LAW
if the commissioner determines that such waiver, modification or suspen-
sion  is  necessary for the successful implementation of a demonstration

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11307-01-1
              

S. 5447                             2

program and provided that the commissioner determines that  the  health,
safety  and  general  welfare of people receiving health care under such
demonstration program will not be impaired as a result of  such  waiver,
modification  or  suspension.  The  commissioner  shall consult with the
professional associations appropriate to the rule or regulation proposed
for waiver, modification or suspension prior to approval or  disapproval
of  the  program. Such waiver, modification or suspension may be granted
for up to two years, OR SUCH  LONGER  PERIOD  AS  MAY  BE  NECESSARY  TO
SUPPORT  THE  PURPOSES  OF THE DEMONSTRATION PROGRAM. Waivers, modifica-
tions and suspensions granted under this subdivision must be specific to
the program approved by this subdivision.
  3. The commissioner shall conduct evaluations of the health occupation
development and workplace demonstration programs and  shall  report  his
findings  to  the  governor  and  the  chairs of the senate and assembly
committees on health. Such evaluations shall include an  examination  of
the  effectiveness  of  the program to improve productivity, efficiency,
development and utilization of personnel. Such report shall  be  due  on
April  thirtieth,  nineteen  hundred  ninety-five, ON JANUARY FIRST, TWO
THOUSAND THIRTEEN, AND BIENNIALLY THEREAFTER. TO FACILITATE THE  COMMIS-
SIONER'S  EVALUATIONS AND REPORTS, PROVIDERS IMPLEMENTING HEALTH OCCUPA-
TION DEVELOPMENT AND WORKPLACE DEMONSTRATION PROGRAMS SHALL EXAMINE  THE
EFFECTIVENESS  OF  THEIR  PROGRAM  AND  REPORT  THEIR EXPERIENCES TO THE
COMMISSIONER.
  S 2. Subdivision 6 of section  3614  of  the  public  health  law,  as
amended  by  chapter  255  of  the  laws  of 1994, is amended to read as
follows:
  6. Subject to the [availability of funds] PROVISIONS OF SECTION  TWEN-
TY-EIGHT HUNDRED SEVEN-H OF THIS CHAPTER, the commissioner shall author-
ize  health  occupation development and workplace demonstration programs
[pursuant to the provisions of section twenty-eight hundred  seven-h  of
this  chapter] for certified home health agencies, long term home health
care programs [and], AIDS home care  programs  AND  LICENSED  HOME  CARE
SERVICES  AGENCIES,  and,  SUBJECT  TO  THE  AVAILABILITY  OF FUNDS, the
commissioner is hereby directed to make rate adjustments  to  cover  the
cost of such programs.
  S 3. This act shall take effect immediately, provided, that the amend-
ments  to  subdivisions  1  and 3 of section 2807-h of the public health
law, made by section one of this act, shall not  affect  the  expiration
and  reversion of such section and shall expire therewith, and provided,
further, that the amendments to subdivision 6 of  section  3614  of  the
public health law, made by section two of this act, shall not affect the
expiration and reversion of such subdivision and shall expire therewith.