S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5479
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend  the  social  services  law,  in  relation  to  Medicaid
   reimbursement rates for rural home health care providers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 368-a of the social  services  law
 is amended by adding a new paragraph (g-1) to read as follows:
   (G-1) NOTWITHSTANDING PARAGRAPH (G) OF THIS SUBDIVISION, SECTION THREE
 HUNDRED  SIXTY-FOUR-J  OF  THIS  TITLE  OR  ANY  OTHER PROVISION OF LAW,
 REIMBURSEMENT FOR HOME HEALTH SERVICES PROVIDED IN ACCORDANCE WITH PARA-
 GRAPH (D) OF SUBDIVISION TWO OF SECTION THREE  HUNDRED  SIXTY-FIVE-A  OF
 THIS  TITLE BY AN INDIVIDUAL OR SHARED AIDE PROVIDED BY AN APPROVED HOME
 HEALTH AGENCY WHEN SUCH SERVICES ARE DETERMINED TO BE COST EFFECTIVE AND
 APPROPRIATE TO MEET THE RECIPIENT'S NEEDS  FOR  ASSISTANCE,  WHERE  SUCH
 SERVICES ARE DELIVERED IN A RURAL AREA OF THE STATE, TO BE DESIGNATED BY
 THE  COMMISSIONER IN REGULATION, SHALL BE INCREASED TO INCLUDE AN AMOUNT
 NECESSARY TO COVER THE DISPARATE TRANSPORTATION  COSTS  ASSOCIATED  WITH
 PROVIDING  SUCH SERVICES IN RURAL AREAS.  FOR THE PURPOSES OF THIS PARA-
 GRAPH, "RURAL AREA" SHALL MEAN A RURAL AREA AS DEFINED  IN  SECTION  TWO
 THOUSAND  NINE  HUNDRED  FIFTY-ONE OF THE PUBLIC HEALTH LAW. THE COMMIS-
 SIONER SHALL DEVELOP METHODOLOGIES FOR CALCULATING SUCH DELIVERY  COSTS,
 TAKING  INTO  ACCOUNT  THE  COSTS  ASSOCIATED  WITH DIRECT PERSONAL CARE
 INCLUDING, BUT NOT LIMITED TO, THE NURSING HOME TRANSITION AND DIVERSION
 (NHTD) HOUSING SUBSIDY PROGRAM AND  THE  TRAUMATIC  BRAIN  INJURY  (TBI)
 WAIVER.  SUCH  REIMBURSEMENT  INCREASE  SHALL  INCLUDE  ALL  HOME HEALTH
 SERVICES PROVIDED FOR ELIGIBLE RECIPIENTS UNDER THIS ARTICLE,  INCLUDING
 THOSE AVAILABLE OR OBTAINED THROUGH FEDERAL WAIVERS.
   §  2.  Subdivision  1  of section 365-l of the social services law, as
 added by section 37 of part H of chapter 59 of  the  laws  of  2011,  is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10011-02-7

 S. 5479                             2
 
   1.  Notwithstanding  any  law, rule or regulation to the contrary, the
 commissioner of health is authorized, in consultation with  the  commis-
 sioners  of  the  office  of  mental  health,  office  of alcoholism and
 substance abuse services, and office for people with developmental disa-
 bilities,  to  (a)  establish, in accordance with applicable federal law
 and regulations, standards for the provision of health home services  to
 Medicaid  enrollees with chronic conditions, (b) establish payment meth-
 odologies for health home services based on factors  including  but  not
 limited  to the complexity of the conditions providers will be managing,
 the anticipated amount of patient contact needed to manage  such  condi-
 tions,  TRANSPORTATION  COSTS, and the health care cost savings realized
 by provision of health home services, (c) establish the  criteria  under
 which  a Medicaid enrollee will be designated as being an eligible indi-
 vidual with chronic conditions for purposes of this program, (d)  assign
 any  Medicaid enrollee designated as an eligible individual with chronic
 conditions to a provider of health home services.
   § 3. This act shall take effect immediately.