NY State Senate Bill 2015-S8110

Senate Bill S8110

Signed By Governor

2015-2016 Legislative Session

Relates to authorizing certain advanced home health aides to perform certain advanced tasks

download bill text pdf

Archive: Last Bill Status Via A10707 - Signed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	signed chap.471
Nov 16, 2016	delivered to governor
Jun 16, 2016	returned to assembly passed senate 3rd reading cal.1923 substituted for s8110
Jun 16, 2016	substituted by a10707 ordered to third reading cal.1923
Jun 13, 2016	referred to rules

Votes

- Jun 16, 2016 - Floor Vote
  A10707
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 16, 2016 - Rules Committee Vote
  S8110
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2016
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky

2015-S8110 (ACTIVE) - Details

See Assembly Version of this Bill:: A10707
Law Section:: Education Law
Laws Affected:: Amd §§6908, 6909 & 6906, Ed L; amd §§206, 3602, 3613, 2899 & 2899-a, Pub Health L

2015-S8110 (ACTIVE) - Summary

Relates to authorizing certain advanced home health aides to perform certain advanced tasks.

2015-S8110 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8110

 TITLE OF BILL :  An act to amend the education law and the public
health law, in relation to authorizing certain advanced home health
aides to perform certain advanced tasks; and providing for the repeal
of such provisions upon expiration thereof

 PURPOSE OF BILL :

This bill would amend the Nurse Practice Act to authorize advanced
home health aides to perform advanced tasks with appropriate training
and supervision.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would add a new Educ. L. § 6908(2) to exempt
from the Nurse Practice Act (NPA), advanced tasks to be performed by
advanced home health aides in conformance with regulations issued by
the State Education Department ("SED") in consultation with the
Department of Health ("DOH"). Such regulations would specify the types
of advanced tasks that could be performed by advanced home health
aides, which would include administering routine or prefilled
medications, and would set forth the qualifications, training and
competency requirements for advanced home health aides.

The regulations also would state that advanced tasks may be performed

only in accordance with and pursuant to an authorized health
practitioner's ordered care and only under the direct supervision of a
licensed registered professional nurse employed by a home care
services agency, a hospice program or an enhanced assisted living
residence. In developing such regulations, SED would be required to
take into account the recommendations of a workgroup of stakeholders
convened by DOH for the purpose of providing guidance on these issues.

Section 2 of the bill would add a new Educ. L. § 6908(8) to specify
provisions for registered professional nurses who assign tasks to and
supervise advanced home health aides, consistent with the new Educ.
L. § 6908(2).

Section 3 of the bill would add a new Educ. L. § 6906(9) to require
licensed practical nurses to indicate, upon registration or
re-registration with SED, if they have previously been authorized as
an advanced home health aide. SED would provide such information to
DOH for purposes of including it in the report required under § 10 of
the bill.

Section 4 of the bill would add a new Public Health Law (PHL) §
206(30) to require DOH to refer to SED any instance in which a
registered professional nurse engages in improper behavior while
supervising an advanced home health aide.

Section 5 of the bill would add a new PHL § 3602(17) to define
advanced home health aides as home health aides who are authorized to
perform advanced tasks as set forth in Educ. L. § 6908(1)(a)(v) and
regulations issued thereto. In addition, DOH would be required to
issue regulations regarding advanced home health aides related to the
advanced home health aide's authorization to perform advanced tasks in
appropriate cases.

Section 6 of the bill would amend PHL § 3613(1)(a) to include hospice
programs and enhanced assisted living residences in the definition of
"home care services entity" for purposes of the Home Care Services
Worker Registry.

Section 7 of the bill would renumber existing PHL§ 3613(9) as
subdivision 10 and add a new subdivision 9 to provide that DOH will
indicate within the Home Care Services Worker Registry when a home
health aide is qualified to serve as an advanced home health aide
because he or she has satisfied all applicable training and competency
requirements.

Sections 8 and 9 of the bill would amend PHL §§ 2899(6) and 2899-a(9)
to provide for criminal history information checks for hospice workers
serving individuals at home for purposes of the Home Care Services
Worker Registry.

Section 10 of the bill would require DOH, in consultation with SED, to
report by September 1, 2016 on the recommendations of the workgroup
convened for the purpose of providing input on the tasks that could be
performed by advanced home health aides and the qualifications and
supervision of such aides.

Section 11 of the bill would require DOH, in consultation with SED, to
issue a report by October 1, 2022, describing the implementation of
the advanced home health aide initiative and setting forth any
recommendations in connection therewith. The report would include
information such as the number of advanced home health aides, the
types of tasks they perform, the number of home health and personal
care aides who became advanced home health aides, and the number of
advanced home health aides who became licensed practical nurses.

Section 12 of the bill provides that the bill would take effect 18
months after enactment and expire on March 31, 2023.

 EXISTING LAW :

The Nurse Practice Act, set forth in Educ. L. Art. 139, generally
limits the provision of nursing care to licensed nurses, with certain
exemptions identified in Educ. L. § 6908. For example, Education Law §
6908(1)(a) permits persons who are not licensed as nurses to provide
care to friends and family members with disabilities or illness, or to
pay another individual to provide such services.

PHL § 3602 defines terms relevant to home care. In particular, PHL §
3602(4) defines "home health aide services" as meaning "simple health
care tasks, personal hygiene services, housekeeping tasks essential to
the patient's health and other related supportive services." PHL §
3602(5) defines "personal care services" as meaning "services to
assist with personal hygiene, dressing, feeding and household tasks
essential to the patient's health."

PHL § 3613 requires DOH to establish the Home Care Services Worker
Registry, identifying home care services workers - meaning individuals
that provide home health aide services as defined in PHL § 3602(4) or
personal care services as defined in PHL § 3062(5) - who have
successfully completed a state-approved education or training program
for home care services workers.

 STATEMENT IN SUPPORT :

In 2011, the Workforce Flexibility and Change of Scope of Practice
Work Group convened by the Medicaid Redesign Team ("MRT") recommended,
among other things: (1) authorizing home health aides to assist with
the administration of routine, pre-poured medications; and (2)
creating a certification for advanced home care aides who could carry
out an expanded range of tasks to be developed through a stakeholder
process established by DOH. These proposals were intended to increase
access and quality of care, and to help reduce disparities for
consumers of home and community based services in the Medicaid
program.


This bill would authorize advanced home health aides to perform
advanced tasks under the supervision of a registered professional
nurse employed by a home care services agency, a hospice program or an
enhanced assisted living residence. To serve as an advanced home
health aide, a certified home health aide with at least one year of
experience providing either home health or personal care services, or
a combination thereof, would be required to meet appropriate training
and competency standards, as detailed in regulations issued by SED in
consultation with DOH and taking into consideration the guidance of a
workgroup of stakeholders convened by DOH. The tasks which could be
performed by advanced home health aides also would be identified in
regulation, again taking into consideration the workgroup's
recommendations.

This bill would enable more people to live in home and community based
settings, and further supports the State's efforts to ensure that care
is provided in the most integrated settings as required by Olmstead v.
L.C., 527 U.S. 581 (1999) and as emphasized in Exec.  Order No. 84.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill would take effect 18 months after enactment, except that §§
8 and 9 related to criminal history information checks for hospice
programs would take effect April 1, 2018 and apply only to prospective
employees. SED would be authorized to issue regulations and take other
necessary steps within the 18 month period; however, no advanced tasks
could be provided by advanced home health aides until such regulations
are adopted. The new provisions would expire and be repealed March 31,
2023 unless extended.

2015-S8110 (ACTIVE) - Bill Text download pdf

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

                                  8110

                            I N  S E N A T E

                              June 13, 2016
                               ___________

Introduced by Sen. LAVALLE -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

AN ACT to amend the education law and the public health law, in relation
  to  authorizing  certain advanced home health aides to perform certain
  advanced tasks; and providing for the repeal of such  provisions  upon
  expiration thereof

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

  Section 1. Section 6908 of the education law is amended  by  adding  a
new subdivision 2 to read as follows:
  2.  THIS  ARTICLE SHALL NOT BE CONSTRUED AS PROHIBITING ADVANCED TASKS
PROVIDED BY AN ADVANCED HOME HEALTH AIDE IN ACCORDANCE WITH  REGULATIONS
DEVELOPED  BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH.  AT A MINIMUM, SUCH REGULATIONS SHALL:
  A. SPECIFY THE ADVANCED TASKS THAT MAY BE PERFORMED BY  ADVANCED  HOME
HEALTH  AIDES PURSUANT TO THIS SUBDIVISION. SUCH TASKS SHALL INCLUDE THE
ADMINISTRATION OF MEDICATIONS WHICH ARE ROUTINE AND PREFILLED OR  OTHER-
WISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE OF ADMINISTRATION,
PROVIDED THAT ADMINISTRATION OF MEDICATIONS BY INJECTION, STERILE PROCE-
DURES,  AND  CENTRAL  LINE  MAINTENANCE  SHALL  BE PROHIBITED. PROVIDED,
HOWEVER, SUCH PROHIBITION SHALL NOT APPLY TO INJECTIONS  OF  INSULIN  OR
OTHER  INJECTIONS  FOR  DIABETES  CARE,  TO  INJECTIONS OF LOW MOLECULAR
WEIGHT HEPARIN,  AND  TO  PRE-FILLED  AUTO-INJECTIONS  OF  NALOXONE  AND
EPINEPHRINE FOR EMERGENCY PURPOSES, AND PROVIDED, FURTHER, THAT ENTITIES
EMPLOYING  ADVANCED HOME HEALTH AIDES PURSUANT TO THIS SUBDIVISION SHALL
ESTABLISH A SYSTEMATIC APPROACH TO ADDRESS DRUG DIVERSION;
  B. PROVIDE THAT ADVANCED TASKS PERFORMED BY ADVANCED HOME HEALTH AIDES
MAY BE PERFORMED ONLY UNDER  THE  DIRECT  SUPERVISION  OF  A  REGISTERED
PROFESSIONAL  NURSE  LICENSED  IN  NEW  YORK STATE, AS SET FORTH IN THIS
SUBDIVISION AND SUBDIVISION EIGHT OF SECTION SIXTY-NINE HUNDRED NINE  OF
THIS ARTICLE, WHERE SUCH NURSE IS EMPLOYED BY A HOME CARE SERVICES AGEN-
CY  LICENSED  OR  CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX OF THE PUBLIC
HEALTH LAW, A HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY OF THE

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

                                                           LBD12075-01-6

S. 8110                             2

PUBLIC HEALTH LAW, OR AN ENHANCED  ASSISTED  LIVING  RESIDENCE  LICENSED
PURSUANT  TO  ARTICLE  SEVEN  OF  THE  SOCIAL SERVICES LAW AND CERTIFIED
PURSUANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW.  SUCH  NURSING
SUPERVISION SHALL:
  (I)  INCLUDE  TRAINING  AND  PERIODIC ASSESSMENT OF THE PERFORMANCE OF
ADVANCED TASKS;
  (II) BE DETERMINED BY THE REGISTERED  PROFESSIONAL  NURSE  RESPONSIBLE
FOR  SUPERVISING  SUCH  ADVANCED TASKS BASED UPON THE COMPLEXITY OF SUCH
ADVANCED TASKS, THE SKILL AND EXPERIENCE OF  THE  ADVANCED  HOME  HEALTH
AIDE,  AND  THE  HEALTH  STATUS OF THE INDIVIDUAL FOR WHOM SUCH ADVANCED
TASKS ARE BEING PERFORMED;
  (III) INCLUDE A COMPREHENSIVE INITIAL AND THEREAFTER REGULAR AND ONGO-
ING ASSESSMENT OF THE INDIVIDUAL'S NEEDS;
  (IV) INCLUDE AS A REQUIREMENT THAT THE SUPERVISING REGISTERED  PROFES-
SIONAL  NURSE SHALL VISIT INDIVIDUALS RECEIVING SERVICES FOR THE PURPOSE
OF SUPERVISING THE SERVICES PROVIDED BY ADVANCED HOME  HEALTH  AIDES  NO
LESS  THAN  ONCE  EVERY  TWO  WEEKS  AND INCLUDE AS A REQUIREMENT THAT A
REGISTERED PROFESSIONAL NURSE SHALL BE AVAILABLE  BY  TELEPHONE  TO  THE
ADVANCED  HOME  HEALTH  AIDE TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK,
PROVIDED THAT A REGISTERED PROFESSIONAL  NURSE  SHALL  BE  AVAILABLE  TO
VISIT  AN  INDIVIDUAL  RECEIVING  SERVICES  AS  NECESSARY TO PROTECT THE
HEALTH AND SAFETY OF SUCH INDIVIDUAL; AND
  (V) AS SHALL BE SPECIFIED BY THE COMMISSIONER, BE PROVIDED IN A MANNER
THAT TAKES INTO ACCOUNT INDIVIDUAL CARE NEEDS, CASE MIX  COMPLEXITY  AND
GEOGRAPHIC  CONSIDERATIONS  AND  PROVIDE  THAT THE NUMBER OF INDIVIDUALS
SERVED BY A SUPERVISING REGISTERED PROFESSIONAL NURSE IS REASONABLE  AND
PRUDENT.
  C.  ESTABLISH  A  PROCESS BY WHICH A REGISTERED PROFESSIONAL NURSE MAY
ASSIGN ADVANCED TASKS TO AN ADVANCED  HOME  HEALTH  AIDE.  SUCH  PROCESS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I)  ALLOWING  ASSIGNMENT OF ADVANCED TASKS TO AN ADVANCED HOME HEALTH
AIDE ONLY WHERE SUCH ADVANCED HOME HEALTH AIDE HAS DEMONSTRATED  TO  THE
SATISFACTION OF THE SUPERVISING REGISTERED PROFESSIONAL NURSE COMPETENCY
IN EVERY ADVANCED TASK THAT SUCH ADVANCED HOME HEALTH AIDE IS AUTHORIZED
TO PERFORM, A WILLINGNESS TO PERFORM SUCH ADVANCED TASKS, AND THE ABILI-
TY  TO  EFFECTIVELY  AND  EFFICIENTLY  COMMUNICATE  WITH  THE INDIVIDUAL
RECEIVING SERVICES AND UNDERSTAND SUCH INDIVIDUAL'S NEEDS;
  (II) PROHIBITING ASSIGNMENT OF ADVANCED  TASKS  TO  AN  ADVANCED  HOME
HEALTH  AIDE  IF THE INDIVIDUAL RECEIVING SERVICES DECLINES TO BE SERVED
BY AN ADVANCED HOME HEALTH AIDE;
  (III) AUTHORIZING THE SUPERVISING  REGISTERED  PROFESSIONAL  NURSE  TO
REVOKE  ANY ASSIGNED ADVANCED TASK FROM AN ADVANCED HOME HEALTH AIDE FOR
ANY REASON; AND
  (IV) AUTHORIZING MULTIPLE REGISTERED PROFESSIONAL  NURSES  TO  JOINTLY
AGREE TO ASSIGN ADVANCED TASKS TO AN ADVANCED HOME HEALTH AIDE, PROVIDED
FURTHER THAT ONLY ONE REGISTERED PROFESSIONAL NURSE SHALL BE REQUIRED TO
DETERMINE  IF  THE ADVANCED HOME HEALTH AIDE HAS DEMONSTRATED COMPETENCY
IN THE ADVANCED TASK TO BE PERFORMED;
  D. PROVIDE THAT ADVANCED TASKS MAY BE  PERFORMED  ONLY  IN  ACCORDANCE
WITH AND PURSUANT TO AN AUTHORIZED HEALTH PRACTITIONER'S ORDERED CARE;
  E. PROVIDE THAT ONLY A CERTIFIED HOME HEALTH AIDE MAY PERFORM ADVANCED
TASKS AS AN ADVANCED HOME HEALTH AIDE WHEN SUCH AIDE HAS:
  (I)  AT  LEAST  ONE YEAR OF EXPERIENCE PROVIDING EITHER HOME HEALTH OR
PERSONAL CARE SERVICES, OR A COMBINATION OF THE SAME;

S. 8110                             3

  (II) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
AN ADVANCED HOME HEALTH  AIDE  AS  DETERMINED  BY  THE  COMMISSIONER  IN
CONSULTATION WITH THE COMMISSIONER OF HEALTH;
  (III)  SUCCESSFULLY  COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH; AND
  (IV) MEETS OTHER  APPROPRIATE  QUALIFICATIONS  AS  DETERMINED  BY  THE
COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
  F.  PROVIDE  THAT  ONLY  AN  INDIVIDUAL WHO IS LISTED IN THE HOME CARE
SERVICES REGISTRY MAINTAINED BY THE DEPARTMENT  OF  HEALTH  PURSUANT  TO
SECTION  THIRTY-SIX  HUNDRED THIRTEEN OF THE PUBLIC HEALTH LAW AS HAVING
SATISFIED ALL APPLICABLE TRAINING REQUIREMENTS  AND  HAVING  PASSED  THE
APPLICABLE  COMPETENCY  EXAMINATIONS AND WHO MEETS OTHER REQUIREMENTS AS
SET FORTH IN REGULATIONS ISSUED BY THE COMMISSIONER OF  HEALTH  PURSUANT
TO SUBDIVISION SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THE PUBLIC
HEALTH  LAW  MAY PERFORM ADVANCED TASKS PURSUANT TO THIS SUBDIVISION AND
MAY HOLD HIMSELF OR HERSELF OUT AS AN ADVANCED HOME HEALTH AIDE;
  G. ESTABLISH MINIMUM STANDARDS OF  TRAINING  FOR  THE  PERFORMANCE  OF
ADVANCED  TASKS BY ADVANCED HOME HEALTH AIDES, INCLUDING DIDACTIC TRAIN-
ING, CLINICAL TRAINING, AND A SUPERVISED CLINICAL PRACTICUM WITH  STAND-
ARDS SET FORTH BY THE COMMISSIONER OF HEALTH;
  H. PROVIDE THAT ADVANCED HOME HEALTH AIDES SHALL RECEIVE CASE-SPECIFIC
TRAINING  ON THE ADVANCED TASKS TO BE ASSIGNED BY THE SUPERVISING NURSE,
PROVIDED THAT ADDITIONAL TRAINING SHALL TAKE PLACE  WHENEVER  ADDITIONAL
ADVANCED TASKS ARE ASSIGNED;
  I.  PROHIBIT  AN  ADVANCED  HOME  HEALTH  AIDE FROM HOLDING HIMSELF OR
HERSELF OUT, OR ACCEPTING EMPLOYMENT AS, A PERSON LICENSED  TO  PRACTICE
NURSING UNDER THE PROVISIONS OF THIS ARTICLE;
  J.  PROVIDE  THAT  AN  ADVANCED  HOME  HEALTH AIDE IS NOT REQUIRED NOR
PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
  K. PROVIDE THAT AN ADVANCED HOME HEALTH AIDE SHALL NOT  BE  AUTHORIZED
TO PERFORM ANY ADVANCED TASKS OR ACTIVITIES PURSUANT TO THIS SUBDIVISION
THAT  ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTICAL NURSE OR
ANY ADVANCED TASKS THAT HAVE NOT  BEEN  APPROPRIATELY  ASSIGNED  BY  THE
SUPERVISING REGISTERED PROFESSIONAL NURSE;
  L.  PROVIDE  THAT  AN  ADVANCED  HOME  HEALTH  AIDE SHALL DOCUMENT ALL
ADVANCED TASKS PROVIDED TO AN INDIVIDUAL, INCLUDING MEDICATION  ADMINIS-
TRATION  TO  EACH  INDIVIDUAL  THROUGH  THE USE OF A MEDICATION ADMINIS-
TRATION RECORD; AND
  M. PROVIDE THAT THE SUPERVISING REGISTERED  PROFESSIONAL  NURSE  SHALL
RETAIN  THE  DISCRETION  TO  DECIDE  WHETHER TO ASSIGN ADVANCED TASKS TO
ADVANCED HOME HEALTH AIDES UNDER THIS PROGRAM AND SHALL NOT  BE  SUBJECT
TO  COERCION,  RETALIATION,  OR THE THREAT OF RETALIATION; IN DEVELOPING
SUCH REGULATIONS, THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE RECOMMEN-
DATIONS OF A WORKGROUP OF STAKEHOLDERS CONVENED BY THE  COMMISSIONER  OF
HEALTH  IN CONSULTATION WITH THE COMMISSIONER FOR THE PURPOSE OF PROVID-
ING GUIDANCE ON THE FOREGOING.
  S 2. Section 6909 of the education law is  amended  by  adding  a  new
subdivision 8 to read as follows:
  8.  A  REGISTERED  PROFESSIONAL  NURSE,  WHILE WORKING FOR A HOME CARE
SERVICES AGENCY LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX  OF
THE  PUBLIC  HEALTH LAW, A HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE
FORTY OF THE PUBLIC HEALTH LAW, OR AN ENHANCED ASSISTED LIVING RESIDENCE
LICENSED PURSUANT TO ARTICLE SEVEN OF THE SOCIAL SERVICES LAW AND CERTI-
FIED PURSUANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH  LAW  MAY,  IN
ACCORDANCE  WITH  THIS SUBDIVISION, ASSIGN ADVANCED HOME HEALTH AIDES TO
PERFORM ADVANCED TASKS FOR INDIVIDUALS PURSUANT  TO  THE  PROVISIONS  OF

S. 8110                             4

SUBDIVISION  TWO OF SECTION SIXTY-NINE HUNDRED EIGHT OF THIS ARTICLE AND
SUPERVISE ADVANCED HOME  HEALTH  AIDES  WHO  PERFORM  ASSIGNED  ADVANCED
TASKS.
  (A)  PRIOR  TO  ASSIGNING  OR  MODIFYING  AN  ASSIGNMENT TO PERFORM AN
ADVANCED TASK, THE REGISTERED PROFESSIONAL NURSE SHALL:
  (I) COMPLETE A NURSING ASSESSMENT TO ASCERTAIN  THE  CLIENT'S  CURRENT
HEALTH STATUS AND CARE NEEDS; AND
  (II) PROVIDE TO THE ADVANCED HOME HEALTH AIDE WRITTEN, INDIVIDUAL-SPE-
CIFIC  INSTRUCTIONS  FOR  PERFORMING  THE ADVANCED TASK AND CRITERIA FOR
IDENTIFYING, REPORTING AND RESPONDING TO PROBLEMS OR COMPLICATIONS.
  (B) THE REGISTERED PROFESSIONAL NURSE SHALL  NOT  ASSIGN  AN  ADVANCED
TASK UNLESS:
  (I)  THE ADVANCED TASK TO BE ASSIGNED IS CONSISTENT WITH AN AUTHORIZED
HEALTH PRACTITIONER'S ORDERED CARE;
  (II) THE REGISTERED PROFESSIONAL NURSE PROVIDES CASE SPECIFIC TRAINING
TO THE ADVANCED HOME  HEALTH  AIDE  AND  PERSONALLY  VERIFIES  THAT  THE
ADVANCED  HOME  HEALTH  AIDE  CAN  SAFELY  AND  COMPETENTLY  PERFORM THE
ADVANCED TASK;
  (III) THE REGISTERED PROFESSIONAL NURSE DETERMINES THAT  THE  ADVANCED
HOME HEALTH AIDE IS WILLING TO PERFORM SUCH ADVANCED TASK; AND
  (IV)  THE  REGISTERED  PROFESSIONAL NURSE DETERMINES THAT THE ADVANCED
HOME HEALTH AIDE IS ABLE TO EFFECTIVELY AND EFFICIENTLY COMMUNICATE WITH
THE INDIVIDUAL  RECEIVING  SERVICES  AND  UNDERSTAND  SUCH  INDIVIDUAL'S
NEEDS.
  (C) THE SUPERVISING REGISTERED PROFESSIONAL NURSE SHALL:
  (I)  VISIT INDIVIDUALS RECEIVING SERVICES FOR THE PURPOSE OF SUPERVIS-
ING THE SERVICES PROVIDED BY ADVANCED HOME HEALTH  AIDES  NO  LESS  THAN
ONCE EVERY TWO WEEKS; AND
  (II) CONDUCT REGULAR AND ONGOING ASSESSMENT OF THE INDIVIDUAL'S NEEDS.
  S  3.  Section  6906  of  the education law is amended by adding a new
subdivision 9 to read as follows:
  (9) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
TION, THE DEPARTMENT SHALL ASK AND  A  LICENSED  PRACTICAL  NURSE  SHALL
INDICATE  WHETHER THE LICENSED PRACTICAL NURSE IS OR HAS PREVIOUSLY BEEN
AUTHORIZED AS AN ADVANCED HOME HEALTH AIDE PURSUANT TO  SUBDIVISION  TWO
OF  SECTION  SIXTY-NINE  HUNDRED  EIGHT  OF THIS ARTICLE. THE DEPARTMENT
SHALL PROVIDE RESPONSES TO THE DEPARTMENT OF HEALTH AND  THE  DEPARTMENT
OF  HEALTH SHALL INCLUDE SUCH INFORMATION IN REPORTS RELATED TO ADVANCED
HOME HEALTH AIDES.
  S 4. Section 206 of the public health law is amended by adding  a  new
subdivision 30 to read as follows:
  30. THE COMMISSIONER SHALL NOTIFY THE COMMISSIONER OF EDUCATION IN ANY
INSTANCE  IN  WHICH  A REGISTERED PROFESSIONAL NURSE ENGAGES IN IMPROPER
BEHAVIOR WHILE SUPERVISING AN ADVANCED  HOME  HEALTH  AIDE  PURSUANT  TO
SUBDIVISION  TWO  OF  SECTION  SIXTY-NINE HUNDRED EIGHT OF THE EDUCATION
LAW.
  S 5. Section 3602 of the public health law is amended by adding a  new
subdivision 17 to read as follows:
  17.  "ADVANCED  HOME  HEALTH  AIDES"  MEANS  HOME HEALTH AIDES WHO ARE
AUTHORIZED TO PERFORM ADVANCED TASKS AS DELINEATED IN SUBDIVISION TWO OF
SECTION SIXTY-NINE HUNDRED EIGHT OF THE EDUCATION  LAW  AND  REGULATIONS
ISSUED  BY  THE  COMMISSIONER OF EDUCATION RELATING THERETO. THE COMMIS-
SIONER SHALL PROMULGATE REGULATIONS REGARDING SUCH  AIDES,  WHICH  SHALL
INCLUDE  A PROCESS FOR THE LIMITATION OR REVOCATION OF THE ADVANCED HOME
HEALTH AIDE'S AUTHORIZATION TO PERFORM  ADVANCED  TASKS  IN  APPROPRIATE
CASES.

S. 8110                             5

  S  6.  Paragraph  (a)  of  subdivision 1 of section 3613 of the public
health law, as added by chapter 594 of the laws of 2008, is  amended  to
read as follows:
  (a)  "Home  care services entity" means a home care services agency or
other entity providing home care services subject  to  this  article  or
exempt  under  section  thirty-six  hundred  nineteen of this article, A
HOSPICE PROGRAM CERTIFIED PURSUANT TO  ARTICLE  FORTY  OF  THIS  CHAPTER
PROVIDING ROUTINE CARE AT HOME UNDER THE HOSPICE BENEFIT, OR AN ENHANCED
ASSISTED  LIVING  RESIDENCE  LICENSED  UNDER ARTICLE SEVEN OF THE SOCIAL
SERVICES LAW AND CERTIFIED UNDER ARTICLE  FORTY-SIX-B  OF  THIS  CHAPTER
PROVIDING ENHANCED ASSISTED LIVING SERVICES.
  S  7. Subdivision 9 of section 3613 of the public health law is renum-
bered subdivision 10 and a  new  subdivision  9  is  added  to  read  as
follows:
  9.  THE DEPARTMENT SHALL INDICATE WITHIN THE HOME CARE SERVICES WORKER
REGISTRY WHEN A HOME HEALTH AIDE HAS SATISFIED ALL  APPLICABLE  TRAINING
AND RECERTIFICATION REQUIREMENTS AND HAS PASSED THE APPLICABLE COMPETEN-
CY EXAMINATIONS NECESSARY TO PERFORM ADVANCED TASKS PURSUANT TO SUBDIVI-
SION  TWO  OF  SECTION SIXTY-NINE HUNDRED EIGHT OF THE EDUCATION LAW AND
REGULATIONS ISSUED THERETO. ANY LIMITATION OR REVOCATION OF THE ADVANCED
HOME HEALTH AIDE'S AUTHORIZATION ALSO SHALL BE INDICATED ON  THE  REGIS-
TRY.
  S  8.  Subdivision  6  of  section  2899  of the public health law, as
amended by chapter 94 of the  laws  of  2014,  is  amended  to  read  as
follows:
  6. "Provider" shall mean any residential health care facility licensed
under article twenty-eight of this chapter; or any certified home health
agency, licensed home care services agency or long term home health care
program  certified under article thirty-six of this chapter; ANY HOSPICE
PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY  OF  THIS  CHAPTER;  or  any
adult  home,  enriched  housing program or residence for adults licensed
under article seven of the social services law.
  S 9. Paragraph (a) of subdivision 9 of section 2899-a  of  the  public
health law, as amended by section 23 of part A of chapter 60 of the laws
of 2014, is amended to read as follows:
  (a)  In the event that funds are appropriated in any given fiscal year
for the reimbursement for the costs of providing such  criminal  history
information,  reimbursement  shall be made available in an equitable and
direct manner for the projected cost of the fee established pursuant  to
law by the division of criminal justice services for processing a crimi-
nal  history information check, the fee imposed by the federal bureau of
investigation for a national criminal history check, and  costs  associ-
ated  with obtaining the fingerprints to all providers licensed, but not
certified under article thirty-six of this chapter, PROVIDERS  CERTIFIED
UNDER  ARTICLE  FORTY  OF  THIS  CHAPTER,  and all adult care facilities
licensed under article seven of the social services law, including those
that are subject to  this  article  and  are  unable  to  access  direct
reimbursement from state and/or federal funded health programs.
  S  10.  On  or  before  September  1, 2016, the commissioner of health
shall, in consultation with  the  commissioner  of  education,  issue  a
report  to the governor and the chairs of the senate and assembly health
and higher education committees setting forth the recommendations of the
workgroup convened by the commissioner of  health  for  the  purpose  of
providing  guidance  on  the  performance of advanced tasks which may be
performed by advanced home health aides.

S. 8110                             6

  S 11. On or before October 1, 2022, the commissioner of health  shall,
in  consultation  with  the commissioner of education, issue a report on
the implementation of advanced home health  aides  in  the  state.  Such
report shall include the number of advanced home health aides authorized
pursuant  to this act; the number of home health aides and personal care
aides that became authorized to perform advanced tasks;  the  number  of
advanced  home health aides that became registered as licensed practical
nurses; the types of advanced tasks that advanced home health aides  are
performing;  the number of complaints pertaining to services provided by
advanced home health aides that  were  reported  to  the  department  of
health;  and  the  number  of  advanced  home health aides who had their
authorization limited or revoked. Such report shall provide  recommenda-
tions  to  the governor and the chairs of the senate and assembly health
and higher education committees regarding  the  implementation  of  home
health aides pursuant to this act, and any recommendations related ther-
eto.
  S 12. This act shall take effect immediately; provided that:
  a.  sections  one  and  three  of  this act shall take effect eighteen
months after this act shall have become a  law.  Effective  immediately,
the  commissioner  of  education  is  authorized to adopt or amend regu-
lations and take such other actions as are necessary  to  implement  the
provisions  of sections one and two of this act on or before such effec-
tive date; provided, further, that no advanced tasks shall be  performed
pursuant  to  the  provisions  of subdivision two of section 6908 of the
education law, as added by section one of this act, on  or  before  such
effective  date;  provided  further,  that  no  advanced  tasks shall be
performed pursuant to such provisions until such regulations are adopted
and except in conformance with such regulations including in conformance
with the provisions of such regulations related  to  the  completion  of
advanced  home  health  aide training and the satisfaction of competency
examination requirements; and provided, further, that sections eight and
nine of this act shall take effect April 1, 2018 and shall apply only to
prospective employees.
  b. this act shall expire and be deemed repealed March 31, 2023.

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