Requires home health care professionals to use the adverse childhood experience questionnaire in assessing the patient's health risks; makes Medicaid reimbursement of primary care providers contingent upon such use; requires the department of social services to report to the senate and assembly health committees.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5275
SPONSOR: Solages TITLE OF BILL:
An act to amend the social services law, in relation to requiring
patient's health home to use the adverse childhood experience question-
naire in assessing the patient's health risks and to making Medicaid
reimbursement of primary care providers contingent upon the use of the
adverse childhood experience questionnaire; and to require the commis-
sioner of health to submit reports to the senate and assembly health
committees
PURPOSE:
To require a patient's health home to use the adverse childhood experi-
ence questionnaire in assessing the patients health risks.
SUMMARY:
Section 1. Amends the social services law by adding two new sections
365-1-1 and 365-1-2.
Section 2. Requires the commissioner of health to issue a report on
trauma-informed care to the Assembly and Senate Committees on Health.
Section 3. Sets the effective date.
JUSTIFICATION:
Adverse childhood experiences (ACEs) are stressful or traumatic experi-
ences that include physical and sexual abuse, neglect, domestic
violence, poverty, parental substance abuse, mental illness, parental
discord or divorce. When a child endures stressful or traumatic experi-
ences their neurodevelopment can be disrupted, potentially impeding
their ability to cope with negative or disruptive emotions. As a result
of enduring these negative experiences, a child is more likely to adopt
unhealthy coping mechanisms, such as substance abuse, and is more at
risk for disease and disability later in life. In addition, children who
experience ACEs are more likely to perform poorly in school and have
lower literacy levels.
This bill will require the patient's health home to use the adverse
childhood experience questionnaire in assessing the patient's health
risks and to make Medicaid reimbursement for primary care providers
contingent upon the use of the adverse childhood experience question-
naire; and to require the commissioner of health to submit reports to
the Senate and Assembly Health Committees.
RACIAL JUSTICE IMPACT:
TBD.
GENDER JUSTICE IMPACT:
TBD.
LEGISLATIVE HISTORY:
2023-24: A6598; referred to health.
2021-22: A3689; referred to health.
2019-20: A2306; referred to health.
2017-18: A3427; referred to health.
2016: A9841; referred to health.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
upon which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
5275
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. SOLAGES, KIM, TAGUE -- read once and referred to
the Committee on Health
AN ACT to amend the social services law, in relation to requiring
patient's health home to use the adverse childhood experience ques-
tionnaire in assessing the patient's health risks and to making Medi-
caid reimbursement of primary care providers contingent upon the use
of the adverse childhood experience questionnaire; and to require the
commissioner of health to submit reports to the senate and assembly
health committees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The social services law is amended by adding two new
2 sections 365-l-1 and 365-l-2 to read as follows:
3 § 365-l-1. Standards for provision of health home services to Medicaid
4 enrollees with chronic conditions. Consistent with federal law to ensure
5 federal financial participation, a health care professional providing a
6 patient's health home shall:
7 1. provide comprehensive prevention and disease screening for health
8 care professional's patients and managing such patients' chronic condi-
9 tions by coordinating care;
10 2. enable patients to have access to personal health information
11 through a secure medium, such as through the internet, consistent with
12 federal health information technology standards;
13 3. collaborate with the community health teams, including by develop-
14 ing and implementing a comprehensive plan for participating patients;
15 4. utilize the adverse childhood experience questionnaire in assessing
16 a patient's health and health risks;
17 5. ensure access to a patient's medical records by the community
18 health team members in a manner compliant with the Health Insurance
19 Portability and Accountability Act, 12 V.S.A. § 1612, and 21 V.S.A. §
20 516; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09158-01-5
A. 5275 2
1 6. meet regularly with the community health team to ensure integration
2 of a participating patient's care.
3 § 365-l-2. Adverse childhood experience questionnaire. Reimbursement
4 for primary care provided to a Medicaid patient shall be contingent upon
5 the provider's use of the adverse childhood experience questionnaire
6 (ACE-IQ) for the purpose of assessing the patient's health risks. As
7 used in this section, "primary care" means health services provided by
8 health care professionals to identify and treat asymptomatic individuals
9 who have risk factors or preclinical disease, but in whom the disease is
10 not clinically apparent, including immunizations and screening, coun-
11 seling, treatment, and medication determined by scientific evidence to
12 be effective in preventing or detecting a condition.
13 § 2. On or before December 15, 2025, the commissioner of health shall
14 submit a report to the senate and assembly health committees containing
15 recommendations on the following:
16 (a) whether and how trauma-informed care could be more widely incorpo-
17 rated into the practice of medicine throughout New York state; and
18 (b) whether and how the use of the advance childhood experience ques-
19 tionnaire and other preventive medical services could be expanded
20 throughout New York state.
21 § 3. This act shall take effect on the first of July next succeeding
22 the date upon which it shall have become a law.
