NY State Senate Bill 2017-S8353A

Senate Bill S8353A

Vetoed By Governor

2017-2018 Legislative Session

Establishes reimbursement mechanisms for access to hospice services for residents of assisted living programs

download bill text pdf

Archive: Last Bill Status Via A10459 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2018	tabled vetoed memo.344
Dec 17, 2018	delivered to governor
Jun 19, 2018	returned to assembly passed senate 3rd reading cal.1962 substituted for s8353a
Jun 19, 2018	substituted by a10459a ordered to third reading cal.1962 committee discharged and committed to rules
Jun 01, 2018	print number 8353a
Jun 01, 2018	amend (t) and recommit to health
May 02, 2018	referred to health

Votes

- Jun 19, 2018 - Floor Vote
  A10459
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  Jun 19, 2018 - Rules Committee Vote
  S8353A
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2018
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Griffo

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S8353 - Details

See Assembly Version of this Bill:: A10459
Law Section:: Social Services Law
Laws Affected:: Amd §461-l, Soc Serv L; amd §4012, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S1814

2017-S8353 - Summary

Establishes reimbursement mechanisms for access to hospice services for residents of assisted living programs.

2017-S8353 - Sponsor Memo

                                
 
BILL NUMBER: S8353

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the public health law, in relation to
establishing reimbursement mechanisms for access to hospice services for
residents of assisted living programs

 
PURPOSE:

To amend the Public Health Law, in relation to allowing residents of an
assisted living facility who are receiving Medicaid to be able to access
hospice services while remaining in their assisted living facility.
Current Medicaid policy prevents terminally ill Assisted Living Program
residents from accessing hospice services, forcing many residents to
transfer to a nursing home to receive hospice care.

 
SUMMARY OF PROVISIONS:

Sections one of the bill adds a new section 4016 to the public health
law, which establishes that the commissioner shall promulgate regu-
lations and implement reimbursement mechanisms to enable residents of

assisted living programs to receive hospice care.

Section two of the bill establishes the effective date.

 
JUSTIFICATION:

The current Medicaid policy prevents terminally ill residents of
assisted living facilities from accessing hospice services. As a result,
many residents are forced to leave their homes in the assisted living
facility and transfer to a nursing home in their last few weeks of life.
This end of life transfer from an assisted living facility during this
difficult time creates additional burdens not only on the patient, but
also, on their family. As a result, not only must all parties involved
cope with the terminal illness, but they must acclimate to new
surroundings as well.

If assisted living residents receiving Medicaid were permitted to
receive hospice services, they would be able to remain in the Assisted
Living Facility at the end of life. It is estimated that by allowing
ALP's residents to access hospice services, the Medicaid program would
avoid costly nursing home stays and save an estimated $1.3 million.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

It is estimated that by allowing ALP's patients access to hospice
services, the Medicaid program would save an estimated $1.3 million.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8353 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8353
 
                             I N  S E N A T E
 
                                May 2, 2018
                                ___________
 
 Introduced  by  Sen.  HANNON -- 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  establishing
   reimbursement  mechanisms for access to hospice services for residents
   of assisted living programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 4016 to read as follows:
   § 4016. HOSPICE SERVICES FOR RESIDENTS OF  ASSISTED  LIVING  PROGRAMS.
 THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS AND IMPLEMENT REIMBURSE-
 MENT  MECHANISMS  TO  ENABLE  RESIDENTS  OF  ASSISTED  LIVING  PROGRAMS,
 LICENSED  UNDER  SECTION FOUR HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES
 LAW, TO ACCESS HOSPICE SERVICES LICENSED UNDER THIS ARTICLE. SUCH  REGU-
 LATIONS  AND REIMBURSEMENT MECHANISMS SHALL BE IMPLEMENTED NO LATER THAN
 MARCH THIRTY-FIRST, TWO THOUSAND NINETEEN.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15037-01-8

co-Sponsors

2017-S8353A (ACTIVE) - Details

See Assembly Version of this Bill:: A10459
Law Section:: Social Services Law
Laws Affected:: Amd §461-l, Soc Serv L; amd §4012, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S1814

2017-S8353A (ACTIVE) - Summary

Establishes reimbursement mechanisms for access to hospice services for residents of assisted living programs.

2017-S8353A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8353A

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the social services law and the public
health law, in relation to authorizing residents of assisted living
programs to receive hospice services

 
PURPOSE:

The purpose of this legislation is to allow residents of an assisted
living facility who are receiving Medicaid to be able to access hospice
services while remaining in their assisted living facility.  Current
Medicaid policy prevents terminally ill Assisted Living Program resi-
dents from accessing hospice services, forcing many residents to trans-
fer to a nursing home to receive hospice care.

 
SUMMARY OF PROVISIONS:

Section 1: The Social Services law is amended to allow persons residing
in assisted living program (ALP) facilities to receive hospice services.
Such services will be reimbursed at the hospice rate, while ALP services

are to remain at the ALP rate.

Section 2. The public health law is amended to allow payment for hospice
services to residents of ALPs. The Commissioner of Health is authorized
to promulgate regulations to ensure that hospice services in the ALP are
not duplicative of ALP services and are not reimbursed twice.

Section 3. Effective Date

 
JUSTIFICATION:

The current Medicaid policy prevents terminally ill residents of an
assisted living facility from accessing hospice services. As a result,
many residents are forced to leave their home in the assisted living
facility and transfer to a nursing home in their last few weeks of life.
This end of life transfer from an assisted living facility during this
difficult time creates additional burdens not only on the patient, but
also on their family. As a result, not only must all parties involved
cope with the terminal illness, but also now they must acclimate to new
surroundings.

If assisted living residents receiving Medicaid were permitted to
receive hospice services they would be able to remain in the Assisted
Living Facility at the end of life. It is estimated that by allowing
ALP's residents to access hospice services the Medicaid program would
avoid costly nursing home stays and save an estimated $1.3 million.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

It is estimated that by allowing ALP's patients access to hospice
services the Medicaid program would save an estimated $1.3 million.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8353A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8353--A
 
                             I N  S E N A T E
 
                                May 2, 2018
                                ___________
 
 Introduced  by Sens. HANNON, ORTT -- 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 authorizing  residents  of  assisted  living  programs  to
   receive hospice services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 2  of  section  461-l  of  the
 social services law is amended by adding a new subparagraph (iv) to read
 as follows:
   (IV) ELIGIBLE PERSONS RECEIVING ASSISTED LIVING PROGRAM SERVICES SHALL
 BE  PERMITTED  TO  ACCESS  AND  RECEIVE HOSPICE SERVICES FROM A PROVIDER
 UNDER ARTICLE FORTY OF THE PUBLIC HEALTH LAW WHILE CONTINUING TO  REMAIN
 IN THE ASSISTED LIVING PROGRAM.
   §  2. Section 4012 of the public health law is amended by adding a new
 subdivision 6 to read as follows:
   6. HOSPICE SERVICES FOR RESIDENTS OF ASSISTED  LIVING  PROGRAMS  UNDER
 SECTION FOUR HUNDRED SIXTY-ONE-1 OF THE SOCIAL SERVICES LAW; THE COMMIS-
 SIONER MAY THROUGH REGULATION MODIFY THE SCOPE OF PERSONAL CARE SERVICES
 TO PREVENT DUPLICATION OF PERSONAL CARE SERVICES PROVIDED BY HOSPICE AND
 THE ASSISTED LIVING PROGRAM.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15037-07-8

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Senate Bill S8353A

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Sponsored By

Kemp Hannon

Archive: Last Bill Status Via A10459 - Vetoed by Governor

Bill Amendments

co-Sponsors

Robert G. Ortt

2017-S8353 - Details

2017-S8353 - Summary

2017-S8353 - Sponsor Memo

2017-S8353 - Bill Text download pdf

co-Sponsors

Robert G. Ortt

2017-S8353A (ACTIVE) - Details

2017-S8353A (ACTIVE) - Summary

2017-S8353A (ACTIVE) - Sponsor Memo

2017-S8353A (ACTIVE) - Bill Text download pdf

Comments