S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10818
 
                           I N  A S S E M B L Y
 
                               May 21, 2018
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in  relation  to  home  care  and
   hospice worker shortage areas and disciplines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3614 of the public health law is amended by  adding
 a new subdivision 9-a to read as follows:
   9-A.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  THIS SECTION,
 EFFECTIVE FOR ANNUAL PERIODS BEGINNING APRIL FIRST, TWO  THOUSAND  EIGH-
 TEEN, AND FOR EACH ANNUAL PERIOD THEREAFTER, THE COMMISSIONER IS AUTHOR-
 IZED, SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION AND
 UPON  APPROVAL  OF  THE  STATE DIRECTOR OF THE BUDGET, TO FURTHER ADJUST
 MEDICAL ASSISTANCE RATES OF PAYMENT FOR CERTIFIED HOME HEALTH  AGENCIES,
 MANAGED  LONG  TERM  CARE  PLANS,  HOSPICES,  LONG TERM HOME HEALTH CARE
 PROGRAMS, LICENSED HOME CARE SERVICES AGENCIES PROVIDING SERVICES  UNDER
 CONTRACT  WITH SUCH AGENCIES AND PLANS, AND SUCH OTHER ENTITIES QUALIFY-
 ING UNDER SUBDIVISION NINE OF THIS SECTION,  TARGETED  FOR  RECRUITMENT,
 TRAINING  AND  RETENTION OF DIRECT CARE WORKERS FOR SERVICES IN SHORTAGE
 AREAS AND BY SHORTAGE DISCIPLINES WHICH MAY INCLUDE NURSES,  THERAPISTS,
 SOCIAL WORKERS, HOME HEALTH AIDES AND PERSONAL CARE AIDES.
   THE  COMMISSIONER IS FURTHER AUTHORIZED TO PROVIDE SUCH ADJUSTMENTS TO
 PILOT TEST THE IMPACT ON RECRUITMENT AND RETENTION OF ALLOWING FUNDS  TO
 BE  USED FOR CRITICAL SUPPORTS AND INCENTIVES FOR DIRECT CARE PERSONNEL,
 INCLUDING TRANSPORTATION, EDUCATION, TRAINING, CHILD  DAY  CARE,  CAREER
 LADDER,  PEER  SUPPORT,  AND  OTHER  SUPPORTS WHICH THE COMMISSIONER MAY
 DETERMINE.
   NOTWITHSTANDING ANY INCONSISTENT  PROVISION  OF  SECTION  TWENTY-EIGHT
 HUNDRED  SEVEN-V OF THIS CHAPTER, FUNDS FOR SUCH ADJUSTMENTS MAY BE MADE
 AVAILABLE, UPON THE APPROVAL OF THE  STATE  BUDGET  DIRECTOR,  FROM  ANY
 UNEXPENDED FUNDS AND BALANCES AVAILABLE UNDER SUCH SECTION, AND IN ANNU-
 AL  AMOUNTS OF UP TO THIRTY PERCENT OF THE AGGREGATE LEVEL SPECIFIED FOR
 ADJUSTMENTS UNDER SUBDIVISION NINE OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15880-01-8

 A. 10818                            2
 
   ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY, THE COMMISSIONER  SHALL
 SUBMIT  INFORMATION TO THE GOVERNOR AND LEGISLATURE ON THE EFFECTIVENESS
 OF THE PROGRAM IN RECRUITMENT AND RETENTION OF  DIRECT  CARE  HOME  CARE
 PERSONNEL,  AND IN ADDRESSING COMMUNITY NEED, AND SHALL MAKE RECOMMENDA-
 TIONS  FOR THE CONTINUATION OR MODIFICATION OF THE PROGRAM.  THE COMMIS-
 SIONER SHALL SEEK THE INPUT OF REPRESENTATIVES OF THE PROVIDERS,  PLANS,
 CONSUMERS AND WORKERS IN EXAMINING AND REPORTING ON THE PROGRAM.
   §  2.  Subdivision  1  of  section  2807-v of the public health law is
 amended by adding a new paragraph (jjj) to read as follows:
   (JJJ) FUNDS MAY BE MADE  AVAILABLE,  FROM  ANY  UNEXPENDED  FUNDS  AND
 BALANCES  UNDER  THIS  SECTION,  FOR  RATE  ADJUSTMENTS AUTHORIZED UNDER
 SUBDIVISION NINE-A OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS  CHAP-
 TER, WHICH SHALL NOT EXCEED THE AMOUNT SPECIFIED IN SUCH SUBDIVISION.
   § 3. This act shall take effect immediately.