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A08524 Summary:

BILL NOA08524
 
SAME ASSAME AS S08033
 
SPONSORPaulin
 
COSPNSRSayegh
 
MLTSPNSR
 
Rpld §610, amd §3605, Pub Health L (as proposed in S.6641-A & A.7365)
 
Authorizes certain core public health services to be provided in the home by local health departments without need for licensure; authorizes such services to be eligible to receive reimbursement under title XIX of the federal Social Security Act.
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A08524 Actions:

BILL NOA08524
 
01/05/2024referred to health
01/17/2024reported
01/18/2024advanced to third reading cal.244
01/23/2024passed assembly
01/23/2024delivered to senate
01/23/2024REFERRED TO RULES
01/24/2024SUBSTITUTED FOR S8033
01/24/20243RD READING CAL.33
01/24/2024PASSED SENATE
01/24/2024RETURNED TO ASSEMBLY
02/07/2024delivered to governor
02/07/2024signed chap.36
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A08524 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8524
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the public health law, in relation to licensure require- ments and reimbursements for certain home health services; and to repeal section 610 of the public health law relating thereto   PURPOSE: To provide administrative relief for local health departments providing core public health services in the home that require minimal patient contact.   SUMMARY OF PROVISIONS: This bill amends Chapter 748 of the Laws of 2023 by repealing section 610 of the public health law and creating a new subdivision 1-a and 1-b to section 3605 of the public health law, related to home care services. These amendments also provide that when core public health services that require only minimal patient contact are provided in the home by local health departments, the local health department would not need addi- tional licensure under Article 36. The amendments also remove a provision that provided that only nurses could provide core public health services. The bill also provides a description of what is consid- ered to be a "core public health service" as well as a clarification that home health aide services, personal care services, or nursing services that require more than minimal patient contact do not qualify as core public health services.   JUSTIFICATION: This bill will allow Local Health Departments to provide certain core public health services in the home to align the law and regulations to the level of service provided. Certain public health services in the home differ in scope, frequency, and level of clinical care from services provided by traditional licensed home care services agencies. These services could be immunizations, verbal assessments, counseling, referral services, and lead screenings, all common services already being successfully cared for by localities. This legislation would relieve a local health department of the burden to monitor licensure for this level of care. It would assure they are no longer being held to a clinical regulatory model misaligned with the limited scope of in-home public health services being provided. The change would result in administrative savings and redeployment of the existing tax levies to meet other public health needs. These amendments represent technical edits to provide that the licensure exemption appears under Article 36 of the public health law, where the licensure provisions appear, consistent with historic practices. These amendments also provide clarifications as to the core public health services which may or may not exempt a local health department from additional licen- sure when providing those services in a home-based setting. The provision enabling more than six visits in the interest of patient safe- ty and public health will allow for certain services, such as tuberculo- sis treatment, to occur while still being mindful of the scope of core public health services that do not require additional licensure. These amendments allow greater flexibility for our front-line local health departments, providing administrative relief from licensure they did not need in practice, and provide clarity to when additional licensure would be necessary.   LEGISLATIVE HISTORY: This is a new bill.   BUDGET IMPLICATIONS: None noted.   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2023 amending the public health law relating to licensure requirements and reimbursements for certain home health services, as proposed in legislative bills numbers S. 6641-A and A. 7365, takes effect.
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A08524 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8524
 
                   IN ASSEMBLY
 
                                     January 5, 2024
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Health
 
        AN ACT to amend the public health law, in relation to licensure require-
          ments  and  reimbursements  for  certain  home health services; and to
          repeal section 610 of the public health law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 610 of the public health law, as added by a chapter
     2  of the laws of 2023 amending the public health law relating to licensure
     3  requirements  and  reimbursements  for  certain home health services, as
     4  proposed in legislative bills  numbers  S.  6641-A  and  A.    7365,  is
     5  REPEALED.
     6    §  2.  Section  3605 of the public health law is amended by adding two
     7  new subdivisions 1-a and 1-b to read as follows:
     8    1-a. (a) Core public  health  services,  as  defined  in  section  six
     9  hundred  two  of  this  chapter,  when provided in the home by the local
    10  health department of a county or of the city  of  New  York,  shall  not
    11  require  licensure  under  this  section  if  such  core public services
    12  require only minimal patient contact. Patient contact shall  be  consid-
    13  ered  minimal  if  it  is  of  limited duration for acute or non-chronic
    14  conditions, including but not limited to any health conditions posing  a
    15  potential  threat  to public health, and treatment is generally expected
    16  to require no more than six patient visits; provided,  however,  that  a
    17  local health department may exceed six visits in the interest of patient
    18  safety and public health.
    19    (b) Core public health services that may be provided without a license
    20  pursuant  to this subdivision include but are not limited to:  immuniza-
    21  tions; testing for tuberculosis and observation of tuberculosis self-di-
    22  rected therapy; verbal assessment, counseling and referral services; and
    23  such other services as may be determined  by  the  department,  provided
    24  that such services shall not include home health aide services, personal
    25  care  services,  or  nursing  services  that  require  more than minimal
    26  patient contact.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11043-06-4

        A. 8524                             2
 
     1    1-b. Core public health services, as defined in  section  six  hundred
     2  two  of  this  chapter, when provided by local health departments in the
     3  home as authorized under subdivision  one-a  of  this  section,  may  be
     4  eligible for reimbursement under title XIX of the federal Social Securi-
     5  ty  Act,  provided that the services meet federal and state requirements
     6  for such reimbursement.
     7    § 3. This act shall take effect on the  same  date  and  in  the  same
     8  manner  as  a chapter of the laws of 2023 amending the public health law
     9  relating to licensure requirements and reimbursements for  certain  home
    10  health  services, as proposed in legislative bills numbers S. 6641-A and
    11  A.  7365, takes effect.
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