S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7895

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2011
                               ___________

Introduced  by M. of A. GUNTHER, LIFTON, BURLING, PALMESANO -- read once
  and referred to the Committee on Health

AN ACT to amend the public health law, in relation to creating  a  rural
  home health flexibility program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3622 of the public health  law,  as  renumbered  by
section  22  of  part C of chapter 58 of the laws of 2004, is renumbered
section 3623 and a new section 3622 is added to read as follows:
  S 3622. RURAL HOME HEALTH  FLEXIBILITY  PROGRAM.  1.  THE  LEGISLATURE
FINDS  AND  DECLARES THAT THE PROVISION AND ACCESSIBILITY OF HOME HEALTH
CARE AND LONG TERM HOME HEALTH CARE  PROGRAM  SERVICES  IN  RURAL  AREAS
NECESSITATES REGULATORY FLEXIBILITY IN ORDER FOR LIMITED RESOURCES TO BE
BEST UTILIZED AND MAXIMIZED TO MEET THE HEALTH CARE NEEDS OF RURAL CITI-
ZENS  AND TO PROMOTE THE EFFICIENCY OF THE DELIVERY OF SERVICES IN RURAL
AREAS. THE LEGISLATURE THEREFORE ESTABLISHES A RURAL HOME HEALTH  FLEXI-
BILITY PROGRAM FOR SUCH PURPOSES.
  2.  PURSUANT  TO  THE  PURPOSES  OF  THIS  SECTION,  THE COMMISSIONER,
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR  REGULATION,  SHALL
CONSIDER  FOR  APPROVAL  PROPOSALS  FROM  PROVIDERS OPERATING UNDER THIS
ARTICLE AND SERVING RURAL COUNTIES TO:
  (A) CREATE AND OPERATE A LONG TERM HOME HEALTH CARE PROGRAM WHICH DOES
NOT PROVIDE ALL THE REQUIRED SERVICES SPECIFIED IN  REGULATIONS  OF  THE
DEPARTMENT, PROVIDED THAT:
  (I)  THERE  IS DEMONSTRATED NEED FOR SUCH PROGRAM IN THE SERVICE AREA;
AND
  (II) THE APPLICANT TO PROVIDE SUCH PROGRAM DEMONSTRATES TO THE COMMIS-
SIONER'S SATISFACTION THAT SUCH APPLICANT HAS  MADE,  AND  CONTINUES  TO
MAKE,  ALL APPROPRIATE EFFORTS TO PROVIDE ALL REQUIRED SERVICES BUT THAT
THE LACK OF AVAILABLE HEALTH PERSONNEL WITHIN THE  SERVICE  AREA  IS  AN
OBSTACLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11470-01-1
              

A. 7895                             2

  (B)  ESTABLISH  OR OPERATE A CERTIFIED HOME HEALTH AGENCY OR LONG TERM
HOME HEALTH CARE PROGRAM WHICH SERVES A GEOGRAPHIC  AREA  LESS  THAN  AN
ENTIRE PLANNING AREA WHEN:
  (I) NO OTHER PROVIDER OTHERWISE SERVES THE ENTIRE PLANNING AREA;
  (II)  COLLABORATIVE APPROACHES TO THE SERVICE OF CITIZENS IN THE PLAN-
NING AREA IS APPROPRIATE FOR FEASIBILITY AND EFFICIENCY; AND
  (III) THE DEPARTMENT IS SATISFIED THAT SUCH COLLABORATION WILL  RESULT
IN  ACCESSIBLE  AND  ECONOMICALLY-FEASIBLE  SERVICES WITHIN THE PLANNING
AREA.
  (C) QUALIFY FOR HOME TELEHEALTH REIMBURSEMENT PURSUANT TO THIS ARTICLE
WHEN ALL OF THE CONDITIONS ORDINARILY REQUIRED FOR SUCH REIMBURSEMENT OR
SERVICES ARE UNABLE TO BE MET, PROVIDED THAT THE APPLICANT DEMONSTRATES,
AND CONTINUES TO UNDERTAKE, BEST EFFORTS TO MEET SUCH  REQUIREMENTS  AND
THAT  THE  QUALITY OR SAFETY OF PATIENT CARE WILL NOT BE DIMINISHED AS A
RESULT.
  (D) BE EXEMPTED FROM THE APPLICABILITY OF A REGULATORY REQUIREMENT, OR
ANY PART THEREOF, THAT IMPOSES ADVERSE IMPACTS ON SUCH  RURAL  PROVIDERS
WHEN:
  (I)  SUCH  IMPACTS  HAVE BEEN IDENTIFIED BY THE DEPARTMENT PURSUANT TO
ARTICLE TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT; AND
  (II) COMPLIANCE WITH SUCH  REQUIREMENTS  WOULD  BE  OVERLY  BURDENSOME
BECAUSE  OF  THE CONSTRAINTS OR DEMANDS OF THE PROVIDER'S RURAL AREA, OR
THE PROVIDER'S RESOURCES.
  (E) RECEIVE APPROVAL FOR SUCH OTHER AREAS OF FLEXIBILITY  THE  COMMIS-
SIONER  IDENTIFIES,  WITH  THE ASSISTANCE OF THE WORKGROUP AUTHORIZED IN
SUBDIVISION THREE OF THIS SECTION, APPROPRIATE TO THE PURPOSES  OF  THIS
SECTION, INCLUDING PROPOSALS TO ENHANCE THE ADMINISTRATION, SERVICES AND
QUALITY OF CARE PROVIDED BY A HOME CARE AGENCY OR PROGRAM, PROVIDED THAT
SUCH  FLEXIBILITY DOES NOT COMPROMISE THE QUALITY AND SAFETY OF SERVICES
PROVIDED.
  3. THE COMMISSIONER SHALL CONVENE A TEMPORARY WORKGROUP  COMPRISED  OF
REPRESENTATIVES OF CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH
CARE  PROGRAMS  AND  LICENSED  HOME CARE SERVICES AGENCIES SERVING RURAL
COUNTIES, AS WELL AS  RURAL  CONSUMERS  AND  RURAL  WORKFORCE  REPRESEN-
TATIVES,  TO  ASSIST  IN IDENTIFYING ADDITIONAL AREAS FOR FLEXIBILITY IN
THE DEPARTMENT'S RULES,  REGULATIONS  AND  ADMINISTRATIVE  REQUIREMENTS,
CONSISTENT WITH THE PURPOSES OF THIS SECTION.
  S 2. This act shall take effect immediately.