S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6768
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2019
                                ___________
 
 Introduced  by M. of A. BRONSON -- 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  NINE-
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07311-01-9

 A. 6768                             2
 
 AL  AMOUNTS OF UP TO THIRTY PERCENT OF THE AGGREGATE LEVEL SPECIFIED FOR
 ADJUSTMENTS UNDER SUBDIVISION NINE OF THIS SECTION.
   ON  OR  BEFORE  APRIL FIRST, TWO THOUSAND TWENTY-ONE, THE COMMISSIONER
 SHALL SUBMIT INFORMATION TO THE GOVERNOR AND LEGISLATURE ON  THE  EFFEC-
 TIVENESS OF THE PROGRAM IN RECRUITMENT AND RETENTION OF DIRECT CARE HOME
 CARE  PERSONNEL, AND IN ADDRESSING COMMUNITY NEED, AND SHALL MAKE RECOM-
 MENDATIONS FOR THE CONTINUATION OR MODIFICATION OF  THE  PROGRAM.    THE
 COMMISSIONER  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.