Bill Text: NY S05447 | 2011-2012 | General Assembly | Introduced
Bill Title: Expands the health occupation and workplace demonstration program to home health care providers.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-06-20 - SUBSTITUTED BY A7893 [S05447 Detail]
Download: New_York-2011-S05447-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5447
2011-2012 Regular Sessions
I N S E N A T E
May 24, 2011
___________
Introduced by Sens. YOUNG, O'MARA, BRESLIN, KENNEDY -- (at request of
the Legislative Commission on Rural Resources) -- read twice and
ordered printed, and when printed to be committed to the Committee on
Health
AN ACT to amend the public health law, in relation to facilitating
access to the health occupation and workplace demonstration program
for home care providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 1 and 3 of section 2807-h of the public health
2 law, as amended by chapter 255 of the laws of 1994, are amended to read
3 as follows:
4 1. The commissioner shall authorize health occupation development and
5 workplace demonstration programs and is directed to make rate adjust-
6 ments, subject to the availability of funds therefor, to cover the costs
7 of such programs; PROVIDED THAT THE COMMISSIONER MAY ALSO AUTHORIZE SUCH
8 PROGRAMS WITHOUT SUCH RATE ADJUSTMENTS, UPON APPLICATION BY PROVIDERS,
9 TO PROMOTE THE HEALTH OCCUPATION DEVELOPMENT AND WORKPLACE IMPROVEMENT
10 PURPOSES SPECIFIED IN THIS SECTION. Providers shall be eligible for
11 rate adjustments to develop, implement and evaluate programs to test new
12 models of organization and delivery of services, and the use of new
13 technologies to improve efficiency, utilization and productivity of
14 existing health care personnel; to reduce time that patient care staff
15 spend meeting documentation requirements; and to improve the recruitment
16 and retention of health personnel. Eligible providers shall consult with
17 staff, professional associations, unions and other affected organiza-
18 tions in the development of proposals. The commissioner is authorized to
19 waive, modify or suspend the respective provisions of rules and regu-
20 lations promulgated pursuant to this chapter OR THE SOCIAL SERVICES LAW
21 if the commissioner determines that such waiver, modification or suspen-
22 sion is necessary for the successful implementation of a demonstration
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11307-01-1
S. 5447 2
1 program and provided that the commissioner determines that the health,
2 safety and general welfare of people receiving health care under such
3 demonstration program will not be impaired as a result of such waiver,
4 modification or suspension. The commissioner shall consult with the
5 professional associations appropriate to the rule or regulation proposed
6 for waiver, modification or suspension prior to approval or disapproval
7 of the program. Such waiver, modification or suspension may be granted
8 for up to two years, OR SUCH LONGER PERIOD AS MAY BE NECESSARY TO
9 SUPPORT THE PURPOSES OF THE DEMONSTRATION PROGRAM. Waivers, modifica-
10 tions and suspensions granted under this subdivision must be specific to
11 the program approved by this subdivision.
12 3. The commissioner shall conduct evaluations of the health occupation
13 development and workplace demonstration programs and shall report his
14 findings to the governor and the chairs of the senate and assembly
15 committees on health. Such evaluations shall include an examination of
16 the effectiveness of the program to improve productivity, efficiency,
17 development and utilization of personnel. Such report shall be due on
18 April thirtieth, nineteen hundred ninety-five, ON JANUARY FIRST, TWO
19 THOUSAND THIRTEEN, AND BIENNIALLY THEREAFTER. TO FACILITATE THE COMMIS-
20 SIONER'S EVALUATIONS AND REPORTS, PROVIDERS IMPLEMENTING HEALTH OCCUPA-
21 TION DEVELOPMENT AND WORKPLACE DEMONSTRATION PROGRAMS SHALL EXAMINE THE
22 EFFECTIVENESS OF THEIR PROGRAM AND REPORT THEIR EXPERIENCES TO THE
23 COMMISSIONER.
24 S 2. Subdivision 6 of section 3614 of the public health law, as
25 amended by chapter 255 of the laws of 1994, is amended to read as
26 follows:
27 6. Subject to the [availability of funds] PROVISIONS OF SECTION TWEN-
28 TY-EIGHT HUNDRED SEVEN-H OF THIS CHAPTER, the commissioner shall author-
29 ize health occupation development and workplace demonstration programs
30 [pursuant to the provisions of section twenty-eight hundred seven-h of
31 this chapter] for certified home health agencies, long term home health
32 care programs [and], AIDS home care programs AND LICENSED HOME CARE
33 SERVICES AGENCIES, and, SUBJECT TO THE AVAILABILITY OF FUNDS, the
34 commissioner is hereby directed to make rate adjustments to cover the
35 cost of such programs.
36 S 3. This act shall take effect immediately, provided, that the amend-
37 ments to subdivisions 1 and 3 of section 2807-h of the public health
38 law, made by section one of this act, shall not affect the expiration
39 and reversion of such section and shall expire therewith, and provided,
40 further, that the amendments to subdivision 6 of section 3614 of the
41 public health law, made by section two of this act, shall not affect the
42 expiration and reversion of such subdivision and shall expire therewith.
