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A09566 Summary:

BILL NOA09566
 
SAME ASNo Same As
 
SPONSORButtenschon
 
COSPNSR
 
MLTSPNSR
 
Amd 2999-h & 2999-j, add 2999-k, Pub Health L
 
Provides medical indemnity fund reimbursement for care provided by a family member certified as a complex care assistant; directs the commissioner of health to develop a certification process for individuals as complex care assistants.
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A09566 Actions:

BILL NOA09566
 
03/20/2024referred to health
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A09566 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9566
 
SPONSOR: Buttenschon
  TITLE OF BILL: An act to amend the public health law, in relation to providing medical indemnity fund reimbursement for care provided by a family member certi- fied as a complex care assistant   PURPOSE OR GENERAL IDEA OF BILL: Provides medical indemnity fund reimbursement for care provided by a family member who has been certified as a complex care assistant   SUMMARY OF PROVISIONS: Section 1 amends section 2909-h of the public health law. Section 2 amends section 2999-k of the public health law. Section 3 amends section 2999-j of the public health law. Section 4 establishes the effective date.   JUSTIFICATION: The Medical Indemnity Fund (MIF) was designed to provide a funding source for future health care costs of "qualified plaintiffs," as defined by law, who suffered birth-related neurological injuries due to medical malpractice during a delivery admission. During COVID, care provided by family members was deemed appropriate and reimbursable through MIF. Since the end of the pandemic, families have been asked to enroll their relative in out of home care, or hire at home health aides, to perform the job that they are capable of doing themselves. There is a medical services shortage requiring families who are capable and willing to provide the care for their loved one to find outside care is only going to exacerbate this shortage. It is imperative that we expand the reimbursable services to the individuals who are willing to perform them.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: TBD   EFFECTIVE DATE: This act shall take effect on the ninetieth day after is shall have become law
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A09566 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9566
 
                   IN ASSEMBLY
 
                                     March 20, 2024
                                       ___________
 
        Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
          Committee on Health
 
        AN ACT to amend the public health law, in relation to providing  medical
          indemnity  fund  reimbursement  for  care  provided by a family member
          certified as a complex care assistant
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  2999-h  of  the public health law, as amended by
     2  chapter 112 of the laws of 2023, is amended to read as follows:
     3    § 2999-h. Definitions. As used in this title, unless  the  context  or
     4  subject matter requires otherwise:
     5    1.  "Activities  of daily living" means basic personal everyday activ-
     6  ities, including, but not limited to, tasks such as  eating,  toileting,
     7  grooming, dressing, bathing, and transferring.
     8    2. "Birth-related neurological injury" means an injury to the brain or
     9  spinal  cord  of  a  live  infant caused by the deprivation of oxygen or
    10  mechanical injury occurring in the course of labor, delivery or resusci-
    11  tation, or by other medical services provided  or  not  provided  during
    12  delivery  admission,  that  rendered  the  infant  with  a permanent and
    13  substantial motor impairment or with a developmental disability as  that
    14  term is defined by section 1.03 of the mental hygiene law, or both. This
    15  definition shall apply to live births only.
    16    [2.]  3.  "Complex care assistant" means a family member who is certi-
    17  fied by the department to care for a qualified plaintiff  under  section
    18  twenty-nine hundred ninety-nine-k of this title.
    19    4.  "Family  member"  means  a  child, parent, parent-in-law, sibling,
    20  grandparent, grandchild, spouse, domestic partner, or one partner  in  a
    21  civil  union  couple,  or any other individual related by blood, and any
    22  other individual with a close association to a qualified plaintiff  that
    23  is the equivalent of a family relationship.
    24    5. "Fund" means the New York state medical indemnity fund.
    25    [3.]  6.  "Qualifying  health  care  costs"  means the future medical,
    26  hospital,  surgical,  nursing,  dental,  rehabilitation,   habilitation,
    27  respite,  custodial,  durable  medical  equipment,  home  modifications,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14703-01-4

        A. 9566                             2
 
     1  assistive technology, vehicle modifications, transportation for purposes
     2  of health care related appointments, prescription  and  non-prescription
     3  medications,  assistance  with  activities  of  daily  living, and other
     4  health  care  costs  actually  incurred  for  services  rendered  to and
     5  supplies utilized by qualified plaintiffs, which are necessary  to  meet
     6  their  health  care  needs,  as determined by their treating physicians,
     7  physician assistants, or nurse practitioners and as otherwise defined by
     8  the commissioner in regulation.
     9    [4.] 7. "Qualified plaintiff" means every plaintiff or  claimant  who:
    10  (a)  (i) has been found by a jury or court to have sustained a birth-re-
    11  lated neurological injury as the result of  medical  malpractice[,];  or
    12  (ii)  has sustained a birth-related neurological injury as the result of
    13  alleged medical malpractice, and has settled his or her lawsuit or claim
    14  therefor; and [(iii)] (b) has been ordered to be enrolled in the fund by
    15  a court in New York state.
    16    § 2. The public health law is amended by adding a new  section  2999-k
    17  to read as follows:
    18    §  2999-k. Certification of complex care assistants. 1. A complex care
    19  assistant certified pursuant to this  section  shall  be  authorized  to
    20  provide  care  for  a family member who is a qualified plaintiff, and to
    21  receive reimbursement for such care as provided  under  section  twenty-
    22  nine hundred ninety-nine-j of this title.
    23    2.  The  commissioner  shall  establish  a course that may be taken by
    24  family members of a qualified plaintiff  for  certification  as  complex
    25  care  assistants.  Such  course  shall  include,  but not be limited to,
    26  instruction in the following tasks required  to  care  for  a  qualified
    27  plaintiff:
    28    (a) medication administration;
    29    (b) airway clearance therapies;
    30    (c) tracheostomy care;
    31    (d) intravenous line care;
    32    (e) ventilator care;
    33    (f) enteral care;
    34    (g) assistance with activities of daily living; and
    35    (h) any other tasks as determined by the commissioner.
    36    3.  The course under subdivision one of this section shall conclude in
    37  an in-person exam, testing proficiency and competence of exam-takers  in
    38  performing  the  tasks  required to care for a qualified plaintiff under
    39  subdivision two of this section. Individuals who receive a passing grade
    40  in such exam, as determined by the commissioner, shall be certified as a
    41  complex care assistant.
    42    § 3. Section 2999-j of the public health law is amended  by  adding  a
    43  new subdivision 4-a to read as follows:
    44    4-a.  The  commissioner  shall  develop  a  method by which qualifying
    45  health care costs shall be calculated for services provided by a complex
    46  care assistant.
    47    § 4. This act shall take effect on the ninetieth day  after  it  shall
    48  have become a law. Effective immediately, the addition, amendment and/or
    49  repeal  of  any  rule  or regulation necessary for the implementation of
    50  this act on its effective date are authorized to be made  and  completed
    51  on or before such effective date.
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