Relates to direct access to school-based health centers under child health plus.
Ayes (31): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Espada, Klein, Perkins, Valesky, Peralta, DeFrancisco, Johnson O, Volker, Padavan, LaValle, Seward, Saland, Farley, Larkin, Nozzolio, Leibell, Maziarz, Marcellino, Robach
Ayes W/R (1): Hannon
Nays (1): Diaz
BILL NUMBER: S6616A
TITLE OF BILL : An act to amend the public health law, in relation to school-based health centers
PURPOSE OR GENERAL IDEA OF BILL : To enhance the provision and availability of primary and preventive care, dental and mental health services provided to eligible children under the Child Health Plus (CHP) program by School-Based Health Centers (SBHC).
SUMMARY OF SPECIFIC PROVISIONS : Section one amends the Public Health Law (PHL) by adding two new subdivisions 13 and 14 to section 2510 of the (PHL).
Subdivision 13 defines the term "School-Based Health Center."
Subdivision 14 defines the term "Sponsoring organization."
Section two amends paragraph (i) of subdivision 9 of section 2511 of the PHL to authorize the State Commissioner of Health to contract with SBHCs within amounts appropriated for the provision of education and outreach to facilitate the enrollment of children in Medicaid and CHP.
Section three amends subdivision 9 of section 2511 of the PHL to include SBHCs as community based organizations eligible for funding for the purposes of public education, outreach, and recruitment of children eligible for CHP.
Section four amends the PHL by adding a new subdivision 21 to section 2511 to authorize direct access to primary and preventive health care services, dental services or mental health services in a SBHC by a CHP enrolled child when the sponsoring organization (a hospital or community health center) is part of the provider network of the CHP managed care plan in which the child is enrolled.
In addition, new subdivision 21 provides that the managed care plan must provide levels and methods of payment to SBHCs consistent with those provided for similar services in similar settings by similar providers in the managed care plan's network. Also under this subdivision, school-based health center are required to communicate with the child's primary care practitioner regarding the child's treatment plan as well as the health care services provided by the SBHC.
JUSTIFICATION : School-Based Health Centers are on the front lines promoting children's health in communities where there is limited access to health and mental health services. Repeated studies have shown that SBHCs improve the health and mental health of children and save the State money. They have been shown to prevent hospitalizations, reduce emergency room use, improve school performance and attendance and avoid lost work days for parents.
Also, studies comparing SBHCs and managed care plans have found that when adolescents who are enrolled in managed care can still use SBHCs, the adolescents have fewer emergency or urgent visits and more comprehensive health visits than those who are in managed care but do not have access to a SBHC.
This bill would break down barriers to SBHC participation in CHP managed care plans. In addition, it would expand the availability of services covered under the CHP program to assure that children have access to necessary physical and mental health services. The bill ensures continuity of care by requiring that the SBHC discuss any services or treatments with the primary care practitioner.
PRIOR LEGISLATIVE HISTORY : 2001-02: A similar bill, A.8565, Passed Assembly 2003-04: A similar bill, A.3443, Passed Assembly 2005-06: A similar bill, A.2207, Passed Assembly 2007-08: A similar bill, S.3597, Passed Assembly
FISCAL IMPLICATIONS : Any additional costs would be more than offset by improving the health and mental health of at-risk children and preventing hospital stays and emergency visits.
EFFECTIVE DATE : 90 days after enactment.
STATE OF NEW YORK ________________________________________________________________________ S. 6616--A A. 9717--A S E N A T E - A S S E M B L Y January 20, 2010 ___________IN SENATE -- Introduced by Sens. MONTGOMERY, ADAMS, BRESLIN, DUANE, ESPADA, HASSELL-THOMPSON, HUNTLEY, ONORATO, OPPENHEIMER, PARKER, PERKINS, SAMPSON, SAVINO, SQUADRON, THOMPSON, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- Introduced by M. of A. GOTTFRIED, JACOBS, COLTON, PAULIN, CUSICK, JOHN, PHEFFER, N. RIVERA, ROSENTHAL, KAVANAGH, MAYERSOHN, DESTITO, NOLAN, TITONE, COOK, MILLMAN, ROBINSON, MAGNARELLI -- Multi- Sponsored by -- M. of A. ALFANO, AUBRY, BARRA, BENEDETTO, CHRISTENSEN, CRESPO, CROUCH, DINOWITZ, GIBSON, GLICK, HEASTIE, HOOPER, KOON, LIFTON, P. LOPEZ, LUPARDO, MAGEE, MARKEY, McENENY, PEOPLES-STOKES, PRETLOW, REILLY, THIELE, TOWNSEND -- read once and referred to the Committee on Health -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to school-based health centers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2510 of the public health law is amended by adding two new subdivisions 13 and 14 to read as follows: 13. "SCHOOL-BASED HEALTH CENTER" MEANS A CLINIC LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER, OR SPONSORED BY A FACILITY LICENSED UNDER THIS CHAPTER, WHICH PROVIDES PRIMARY AND PREVENTIVE HEALTH SERVICES WITHIN AN ELEMENTARY OR SECONDARY PUBLIC SCHOOL SETTING. 14. "SPONSORING ORGANIZATION" MEANS A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER WHICH ACTS AS THE SPONSOR FOR A SCHOOL-BASED HEALTH CENTER. S 2. Subdivision 9 of section 2511 of the public health law, as amended by chapter 639 of the laws of 1996, is amended to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15053-04-0 S. 6616--A 2 A. 9717--A
9. The commissioner shall, within amounts available therefor, contract with community-based and other marketing organizations for purposes of public education, outreach, and recruitment of eligible children, including the distribution of applications and information regarding enrollment. In awarding such contracts, the commissioner shall consider the marketing, outreach and recruitment efforts of approved organiza- tions, and the extent to which such organizations are able to effec- tively target efforts in geographic regions where the proportion of eligible children enrolled under this title are lower than in other geographic regions of the state. Community-based organizations shall include, but not be limited to: day care centers, schools, SCHOOL-BASED HEALTH CENTERS, community-based diagnostic and treatment centers, and hospitals. S 3. Section 2511 of the public health law is amended by adding a new subdivision 21 to read as follows: 21. AN APPROVED ORGANIZATION SHALL NOT LIMIT AN ELIGIBLE CHILD'S DIRECT ACCESS TO PRIMARY AND PREVENTIVE HEALTH CARE SERVICES, DENTAL SERVICES OR MENTAL HEALTH SERVICES COVERED PURSUANT TO THIS TITLE FROM A SCHOOL-BASED HEALTH CENTER SERVING THE SCHOOL ATTENDED BY THE CHILD WHEN THE SPONSORING ORGANIZATION OF THE SCHOOL-BASED HEALTH CENTER IS INCLUDED IN THE PROVIDER NETWORK OF THE APPROVED ORGANIZATION IN WHICH THE CHILD IS ENROLLED. THE SCHOOL-BASED HEALTH CENTER SHALL COMMUNICATE ANY SUCH PRIMARY CARE SERVICES AND TREATMENT PLAN WITH THE CHILD'S PRIMARY CARE PRACTITIONER IN ACCORDANCE WITH THE REQUIREMENTS OF THE ORGANIZATION AND THIS TITLE. AN APPROVED ORGANIZATION SHALL PROVIDE LEVELS AND METHODS OF PAYMENT TO SCHOOL-BASED HEALTH CENTERS CONSISTENT WITH THOSE PROVIDED FOR SIMILAR SERVICES IN SIMILAR SETTINGS BY SIMILAR PROVIDERS IN THE APPROVED ORGANIZATION'S NETWORK. S 4. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that the amendments to subdivision 9 of section 2511 of the public health law made by section two of this act shall take effect pursuant to section 47 of chapter 2 of the laws of 1998, as amended.