Bill Text: NY A00976 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the moratorium on the processing and approval of applications for licensure of licensed home care services agencies; permits the commissioner of health to grant exemptions from such moratorium.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Vetoed) 2019-12-20 - tabled [A00976 Detail]

Download: New_York-2019-A00976-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           976
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M.  of  A.  GOTTFRIED,  LUPARDO, COLTON -- read once and
          referred to the Committee on Health
        AN ACT to amend part B of chapter 57 of the laws of 2018,  amending  the
          public  health law and other laws relating to registration of licensed
          home care services agencies, in relation  to  the  moratorium  on  the
          processing and approval of applications
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 9-e of part B of chapter 57 of the  laws  of  2018,
     2  amending  the  public health law and other laws relating to registration
     3  of licensed home care services agencies, is amended to read as follows:
     4    § 9-e. Effective April 1, 2018, the commissioner of health shall place
     5  a moratorium on the processing  and  approval  of  applications  seeking
     6  licensure  of  a  licensed home care services agency pursuant to section
     7  3605 of the public health  law  that  have  not  received  establishment
     8  approval  or  contingent establishment approval by the public health and
     9  health planning council, except for: (a) an application  seeking  licen-
    10  sure  of  a licensed home care services agency that is submitted with an
    11  application for approval as an assisted living program authorized pursu-
    12  ant to section 461-l of the social  services  law;  (b)  an  application
    13  seeking  approval  to  transfer  ownership for an existing licensed home
    14  care services agency that has been licensed and operating for a  minimum
    15  of  five years for the purpose of consolidating ownership of two or more
    16  licensed home care services agencies; [and] (c) an  application  seeking
    17  licensure  of  a  home  care  services agency where the applicant demon-
    18  strates  to  the  satisfaction  of  the  commissioner  of  health   that
    19  submission  of  the application to the public health and health planning
    20  council for consideration would  be  appropriate  on  grounds  that  the
    21  application addresses a serious concern such as a lack of access to home
    22  care services in the geographic area or a lack of adequate and appropri-
    23  ate  care,  language and cultural competence, or special needs services;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03870-01-9
        A. 976                              2
     1  and (d) any other application that the commissioner of health, in his or
     2  her discretion, deems to be consistent with goals for consolidation  and
     3  improving care delivery. Such moratorium shall expire on March 31, 2020.
     4  In  implementing the provisions of this section, the commissioner shall,
     5  to the extent practicable, review  and,  where  appropriate,  prioritize
     6  presentation  to  the  public  health  and  health  planning  council of
     7  complete applications under paragraph (b)  of  this  section  where  the
     8  applicants  demonstrate,  to  the satisfaction of the commissioner, that
     9  the proposed change in ownership is consistent with the goals  of  para-
    10  graph (j) of subdivision 7 of section 4403-f of the public health law.
    11    § 2. This act shall take effect immediately.