A00810 Summary:

BILL NO    A00810 

SAME AS    No same as 

SPONSOR    Gunther (MS)

COSPNSR    Lifton, Steck, Cook, Palmesano

MLTSPNSR   Duprey

Ren S3622 to be S3623, add S3622, Pub Health L

Creates a rural home health flexibility program.
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A00810 Actions:

BILL NO    A00810 

01/07/2015 referred to health
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A00810 Votes:

There are no votes for this bill in this legislative session.
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A00810 Memo:

BILL NUMBER:A810

TITLE OF BILL:  An act to amend the public health law, in relation to
creating a rural home health flexibility program

PURPOSE OR GENERAL IDEA OF BILL: To provide for regulatory flexibility
in the establishment and provision of home care services in rural
areas, in order to provide for access and efficiency of care and to
facilitate overall rural health care systems.

SUMMARY OF PROVISIONS: Creates a new S 3622 of the public health law,
the "Rural Home Health Flexibility Program. Authorizes; provides a
framework for, and directs the State Commissioner of Health to
consider proposals from providers operating in rural counties for
regulatory' flexibility for the establishment and/or operation of new
and/or existing home care services for the community, including
proposals to enhance the administration, services, and quality of care
provided by a home care agency or program in such an area.

JUSTIFICATION: There are enormous challenges to the provision and
accessibility of home health care and long term home health "care
program services in rural areas. Limitations in the health care
workforce, service diversity and volume combine with large geographic
distances and difficult topography, sparse population, small-size
economy and other characteristics to create extraordinary obstacles to
service.

Especially in this context, well intended, but often ridged,
inordinately costly and/or unattainable regulations risk the viability
and sustainability of rural home care agencies and their mission. This
is made exponentially more difficult in the state's current fiscal
climate, with constant reimbursement reductions and the lack of new
sources of funding to respond to these challenges.

This proposed Rural Home Health Flexibility Program is necessary to
provide vital regulatory flexibility to support the development and
maintenance of rural home health capacity as well as the operation and
innovativeness of rural agencies and their delivery of patient
services. The establishment and sustainability of these services is
further critical to the operation and cost-efficiency of the entire
rural health system, which depends upon viable home care.

PRIOR LEGISLATIVE HISTORY:  2013-14: A1721 referred to Health 2011-12:
A7895 referred to Health/S5448 referred to Health

FISCAL IMPLICATIONS: Potential cost-savings to the state and rural
home care providers and communities through regulatory flexibility and
through sustainability of cost-effective home care services in these
communities as a result of this legislation.

EFFECTIVE DATE: This act takes effect immediately.
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A00810 Text:

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

                                          810

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                    January 7, 2015
                                      ___________

       Introduced  by  M.  of  A.  GUNTHER,  LIFTON,  STECK, COOK, PALMESANO --
         Multi-Sponsored by -- M. of A. DUPREY -- read once and referred to the
         Committee on Health

       AN ACT to amend the public health law, in relation to creating  a  rural
         home health flexibility program

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

    1    Section 1. Section 3622 of the public health  law,  as  renumbered  by
    2  section  22  of  part C of chapter 58 of the laws of 2004, is renumbered
    3  section 3623 and a new section 3622 is added to read as follows:
    4    S 3622. RURAL HOME HEALTH  FLEXIBILITY  PROGRAM.  1.  THE  LEGISLATURE
    5  FINDS  AND  DECLARES THAT THE PROVISION AND ACCESSIBILITY OF HOME HEALTH
    6  CARE AND LONG TERM HOME HEALTH CARE  PROGRAM  SERVICES  IN  RURAL  AREAS
    7  NECESSITATES REGULATORY FLEXIBILITY IN ORDER FOR LIMITED RESOURCES TO BE
    8  BEST UTILIZED AND MAXIMIZED TO MEET THE HEALTH CARE NEEDS OF RURAL CITI-
    9  ZENS  AND TO PROMOTE THE EFFICIENCY OF THE DELIVERY OF SERVICES IN RURAL
   10  AREAS. THE LEGISLATURE THEREFORE ESTABLISHES A RURAL HOME HEALTH  FLEXI-
   11  BILITY PROGRAM FOR SUCH PURPOSES.
   12    2.  PURSUANT  TO  THE  PURPOSES  OF  THIS  SECTION,  THE COMMISSIONER,
   13  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR  REGULATION,  SHALL
   14  CONSIDER  FOR  APPROVAL  PROPOSALS  FROM  PROVIDERS OPERATING UNDER THIS
   15  ARTICLE AND SERVING RURAL COUNTIES TO:
   16    (A) CREATE AND OPERATE A LONG TERM HOME HEALTH CARE PROGRAM WHICH DOES
   17  NOT PROVIDE ALL THE REQUIRED SERVICES SPECIFIED IN  REGULATIONS  OF  THE
   18  DEPARTMENT, PROVIDED THAT:
   19    (I)  THERE  IS DEMONSTRATED NEED FOR SUCH PROGRAM IN THE SERVICE AREA;
   20  AND
   21    (II) THE APPLICANT TO PROVIDE SUCH PROGRAM DEMONSTRATES TO THE COMMIS-
   22  SIONER'S SATISFACTION THAT SUCH APPLICANT HAS  MADE,  AND  CONTINUES  TO
   23  MAKE,  ALL APPROPRIATE EFFORTS TO PROVIDE ALL REQUIRED SERVICES BUT THAT

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01654-01-5
       A. 810                              2

    1  THE LACK OF AVAILABLE HEALTH PERSONNEL WITHIN THE  SERVICE  AREA  IS  AN
    2  OBSTACLE.
    3    (B)  ESTABLISH  OR OPERATE A CERTIFIED HOME HEALTH AGENCY OR LONG TERM
    4  HOME HEALTH CARE PROGRAM WHICH SERVES A GEOGRAPHIC  AREA  LESS  THAN  AN
    5  ENTIRE PLANNING AREA WHEN:
    6    (I) NO OTHER PROVIDER OTHERWISE SERVES THE ENTIRE PLANNING AREA;
    7    (II)  COLLABORATIVE APPROACHES TO THE SERVICE OF CITIZENS IN THE PLAN-
    8  NING AREA IS APPROPRIATE FOR FEASIBILITY AND EFFICIENCY; AND
    9    (III) THE DEPARTMENT IS SATISFIED THAT SUCH COLLABORATION WILL  RESULT
   10  IN  ACCESSIBLE  AND  ECONOMICALLY-FEASIBLE  SERVICES WITHIN THE PLANNING
   11  AREA.
   12    (C) QUALIFY FOR HOME TELEHEALTH REIMBURSEMENT PURSUANT TO THIS ARTICLE
   13  WHEN ALL OF THE CONDITIONS ORDINARILY REQUIRED FOR SUCH REIMBURSEMENT OR
   14  SERVICES ARE UNABLE TO BE MET, PROVIDED THAT THE APPLICANT DEMONSTRATES,
   15  AND CONTINUES TO UNDERTAKE, BEST EFFORTS TO MEET SUCH  REQUIREMENTS  AND
   16  THAT  THE  QUALITY OR SAFETY OF PATIENT CARE WILL NOT BE DIMINISHED AS A
   17  RESULT.
   18    (D) BE EXEMPTED FROM THE APPLICABILITY OF A REGULATORY REQUIREMENT, OR
   19  ANY PART THEREOF, THAT IMPOSES ADVERSE IMPACTS ON SUCH  RURAL  PROVIDERS
   20  WHEN:
   21    (I)  SUCH  IMPACTS  HAVE BEEN IDENTIFIED BY THE DEPARTMENT PURSUANT TO
   22  ARTICLE TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT; AND
   23    (II) COMPLIANCE WITH SUCH  REQUIREMENTS  WOULD  BE  OVERLY  BURDENSOME
   24  BECAUSE  OF  THE CONSTRAINTS OR DEMANDS OF THE PROVIDER'S RURAL AREA, OR
   25  THE PROVIDER'S RESOURCES.
   26    (E) RECEIVE APPROVAL FOR SUCH OTHER AREAS OF FLEXIBILITY  THE  COMMIS-
   27  SIONER  IDENTIFIES,  WITH  THE ASSISTANCE OF THE WORKGROUP AUTHORIZED IN
   28  SUBDIVISION THREE OF THIS SECTION, APPROPRIATE TO THE PURPOSES  OF  THIS
   29  SECTION, INCLUDING PROPOSALS TO ENHANCE THE ADMINISTRATION, SERVICES AND
   30  QUALITY OF CARE PROVIDED BY A HOME CARE AGENCY OR PROGRAM, PROVIDED THAT
   31  SUCH  FLEXIBILITY DOES NOT COMPROMISE THE QUALITY AND SAFETY OF SERVICES
   32  PROVIDED.
   33    3. THE COMMISSIONER SHALL CONVENE A TEMPORARY WORKGROUP  COMPRISED  OF
   34  REPRESENTATIVES OF CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH
   35  CARE  PROGRAMS  AND  LICENSED  HOME CARE SERVICES AGENCIES SERVING RURAL
   36  COUNTIES, AS WELL AS  RURAL  CONSUMERS  AND  RURAL  WORKFORCE  REPRESEN-
   37  TATIVES,  TO  ASSIST  IN IDENTIFYING ADDITIONAL AREAS FOR FLEXIBILITY IN
   38  THE DEPARTMENT'S RULES,  REGULATIONS  AND  ADMINISTRATIVE  REQUIREMENTS,
   39  CONSISTENT WITH THE PURPOSES OF THIS SECTION.
   40    S 2. This act shall take effect immediately.
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