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S03459 Summary:

S03459 Actions:

S03459 Committee Votes:

S03459 Floor Votes:

S03459 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3459--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 23, 2017
                                       ___________
 
        Introduced  by  Sen.  ROBACH -- 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
 
        AN  ACT  to  amend the social services law and the public health law, in
          relation to pediatric day-respite centers and care
 
          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 a new section
     2  367-j to read as follows:
     3    § 367-j. Pediatric day-respite centers and care. 1. As  used  in  this
     4  section, the following terms shall have the following meanings:
     5    (a)  "Pediatric  day-respite  center" means a facility that provides a
     6  structured day program of therapeutic social, developmental, and  educa-
     7  tional activities and programs, as well as onsite health care and pedia-
     8  tric  day-respite  services  for  up to ten consecutive hours per day to
     9  medically fragile children under twenty-one years of age.
    10    (b) "Pediatric day-respite care" means up to ten consecutive hours  of
    11  daytime  relief  for a medically fragile child's parent or guardian, and
    12  developmentally appropriate programming for the child, including but not
    13  limited to pediatric nursing services  and  supervision,  meals,  social
    14  activities, and group educational enrichment programs.
    15    (c)  "Medically fragile child" means a child under twenty-one years of
    16  age who is at risk of hospitalization or institutionalization, including
    17  but not limited to a child who is technologically-dependent for life  or
    18  health-sustaining  functions,  requires  a complex medication regimen or
    19  medical interventions to maintain  or  to  improve  his  or  her  health
    20  status,  or  is in need of ongoing assessment or intervention to prevent
    21  serious deterioration of his or her health  status  or  medical  compli-
    22  cations  that  place his or her life, health or development at risk, but
    23  who is capable of being cared for at home (including  if  provided  with
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00927-05-7
        S. 3459--A                          2
 
     1  appropriate  home  care  services,  including  but  not  limited to case
     2  management services and continuous nursing services).
     3    2.  Services,  including nursing services, that (a) would otherwise be
     4  reimbursable under this title, (b) are pediatric day-respite  care,  (c)
     5  are  provided at a pediatric day-respite center, and (d) are provided to
     6  a medically fragile child enrolled  in  medical  assistance  under  this
     7  title, shall be reimbursable under this title.
     8    3. The commissioner shall make regulations under this section, includ-
     9  ing  procedures and requirements for an entity to qualify as a pediatric
    10  day-respite center.
    11    § 2. The public health law is amended by adding a new section 2512  to
    12  read as follows:
    13    §  2512.  Pediatric  day-respite  centers and care. 1. As used in this
    14  section, the following terms shall have the following meanings:
    15    (a) "Pediatric day-respite center" means a facility  that  provides  a
    16  structured  day program of therapeutic social, developmental, and educa-
    17  tional activities and programs, as well as onsite health care and pedia-
    18  tric day-respite services for up to ten consecutive  hours  per  day  to
    19  medically fragile children under twenty-one years of age.
    20    (b)  "Pediatric day-respite care" means up to ten consecutive hours of
    21  daytime relief for a medically fragile child's parent or  guardian,  and
    22  developmentally appropriate programming for the child, including but not
    23  limited  to  pediatric  nursing  services and supervision, meals, social
    24  activities, and group educational enrichment programs.
    25    (c) "Medically fragile child" means a child under twenty-one years  of
    26  age who is at risk of hospitalization or institutionalization, including
    27  but  not limited to a child who is technologically-dependent for life or
    28  health-sustaining functions, requires a complex  medication  regimen  or
    29  medical  interventions  to  maintain  or  to  improve  his or her health
    30  status, or is in need of ongoing assessment or intervention  to  prevent
    31  serious  deterioration  of  his  or her health status or medical compli-
    32  cations that place his or her life, health or development at  risk,  but
    33  who  is  capable  of being cared for at home (including if provided with
    34  appropriate home care  services,  including  but  not  limited  to  case
    35  management services and continuous nursing services).
    36    2.  Services,  including nursing services, that (a) would otherwise be
    37  reimbursable under this title, (b) are pediatric day-respite  care,  (c)
    38  are  provided at a pediatric day-respite center, and (d) are provided to
    39  a medically fragile child enrolled in  a  child  health  insurance  plan
    40  under this title, shall be reimbursable under this title.
    41    3. The commissioner shall make regulations under this section, includ-
    42  ing  procedures and requirements for an entity to qualify as a pediatric
    43  day-respite center.
    44    § 3. This act shall take effect on the first of April next  succeeding
    45  the  date  on which it shall have become a law; provided that, effective
    46  immediately, the commissioner of health shall make regulations and  take
    47  other actions reasonably necessary to implement this act on such date.