S T A T E O F N E W Y O R K
________________________________________________________________________
1816
2019-2020 Regular Sessions
I N S E N A T E
January 16, 2019
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to integrating home
care into the state's public health and prevention efforts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
3620-a to read as follows:
§ 3620-A. PUBLIC HEALTH PRIORITY INITIATIVES. 1. THE COMMISSIONER
SHALL PROMOTE HOME CARE'S INTEGRATION INTO THE STATE'S HEALTH CONTINUUM
STRATEGY TO ADDRESS PUBLIC HEALTH PRIORITIES IN DISEASE PREVENTION,
INTERVENTION, POPULATION HEALTH IMPROVEMENT, ASSOCIATED HEALTH CARE COST
REDUCTION AND RESEARCH. SUCH INTEGRATED ROLES FOR HOME CARE SHALL BE
PROMOTED AND INCENTIVIZED ON AN AGENCY VOLUNTARY BASIS. THE COMMISSION-
ER SHALL UNDERTAKE THESE PURPOSES THROUGH:
(A) INCORPORATION OF HOME CARE AGENCY DIRECT CARE AND CARE MANAGEMENT
COMPETENCIES IN THE DEPARTMENT'S PREVENTION, PRIMARY CARE AND PUBLIC
HEALTH STRATEGIES;
(B) PROMULGATION OF DEPARTMENTAL GUIDANCE DOCUMENTS THAT DESCRIBE AND
ASSIST HOME CARE AGENCIES IN EXERCISING THESE ROLES;
(C) PROMOTION OF EVIDENCE-BASED, BEST PRACTICES IN PUBLIC HEALTH AND
PREVENTION FOR USE BY HOME CARE AGENCIES;
(D) PROVIDING OPPORTUNITIES FOR HOME CARE STAFF TRAINING IN PUBLIC
HEALTH PRIORITY AREAS IN THE DEPARTMENT'S VARIOUS TRAINING AND EDUCA-
TIONAL PROGRAMS FOR THE HEALTH WORKFORCE AND/OR HEALTH CARE PROVIDERS;
(E) REGULATORY AND PROCEDURAL FLEXIBILITY TO OPTIMIZE PUBLIC HEALTH
TRIAGE AND INTERVENTION BY HOME CARE;
(F) PROVIDING OR MAKING AVAILABLE PUBLIC HEALTH AND EPIDEMIOLOGICAL
DATA FOR HOME CARE AGENCY USE IN IDENTIFYING, TARGETING AND SHAPING
INTERVENTION;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00720-01-9
S. 1816 2
(G) TO THE EXTENT OF AVAILABLE FUNDS, AND UPON APPROVAL OF THE DIREC-
TOR OF THE BUDGET, REIMBURSEMENT SUPPLEMENTATION TO RATES OR PREMIUMS
ISSUED UNDER SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS ARTICLE OR
SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER, RESPECTIVELY;
(H) PROMOTION OF PUBLIC HEALTH PRIORITY COLLABORATIVES UNDER SECTION
TWENTY-EIGHT HUNDRED FIVE-X OF THIS CHAPTER; AND
(I) OTHER MEANS THE COMMISSIONER DETERMINES APPROPRIATE.
2. PRIORITY PUBLIC HEALTH AREAS UNDER THIS SECTION MAY INCLUDE, BUT
NOT BE LIMITED TO:
(A) SEPSIS EDUCATION, PATIENT SCREENING AND EARLY INTERVENTION;
(B) ASTHMA AND RESPIRATORY CONDITION MANAGEMENT, INCLUDING HOME ENVI-
RONMENTAL ASSESSMENT;
(C) FALLS PREVENTION SCREENING, EDUCATION AND PREVENTION;
(D) OPIOID MANAGEMENT AND OVERUSE OR ABUSE PREVENTION, INCLUDING
ALTERNATIVES IN PAIN MANAGEMENT, AND PROGRAMS IN PALLIATIVE CARE;
(E) MEDICATION MANAGEMENT, INCLUDING IN CARE TRANSITIONS AND POLY-
PHARMACY POPULATIONS;
(F) PRESSURE ULCER PREVENTION AND MITIGATION;
(G) DIABETES;
(H) OBESITY;
(I) CARDIOVASCULAR HEALTH;
(J) HEALTH CARE DISPARITIES;
(K) HIGH RISK PRENATAL AND POST-PARTUM CARE;
(L) IMMUNIZATIONS; AND
(M) OTHER PRIORITY AREAS IN POPULATION HEALTH, AND IN THE RELATED
SOCIAL DETERMINANTS OF HEALTH, THAT THE COMMISSIONER MAY DESIGNATE.
3. IN IMPLEMENTING THIS SECTION, THE COMMISSIONER SHALL SEEK THE
ADVICE OF REPRESENTATIVES OF HOME CARE PROVIDERS, STATE ASSOCIATIONS
REPRESENTATIVE OF HOME CARE, STATE ASSOCIATIONS REPRESENTATIVE OF PHYSI-
CIANS, STATE ASSOCIATIONS REPRESENTATIVE OF COUNTY PUBLIC HEALTH
SERVICES AND OTHERS WITH HOME CARE AND/OR PUBLIC HEALTH EXPERTISE WHOM
THE COMMISSIONER MAY DESIGNATE.
4. THE COMMISSIONER IS AUTHORIZED TO CALCULATE COST SAVINGS ACHIEVED
FROM PUBLIC HEALTH INITIATIVES THROUGH HOME CARE WHICH THE COMMISSIONER
SHALL DETERMINE APPLICABLE, AND UPON APPROVAL OF THE STATE BUDGET DIREC-
TOR, MAY PROVIDE A PORTION OF WHICH AS SHARED SAVINGS REINVESTMENT TO
PARTICIPATING PROVIDERS. SUCH SHARED SAVINGS MAY BE PROVIDED THROUGH
SUPPLEMENTATION OF THEIR MEDICAL ASSISTANCE REIMBURSEMENT, OR OTHER
MEANS WHICH THE COMMISSIONER DETERMINES.
5. THE DEPARTMENT SHALL COLLECT AND REPORT TO THE LEGISLATURE INFORMA-
TION ON THE ACTIVITIES AND IMPACT OF HOME CARE PUBLIC HEALTH INITIATIVES
AS THE DEPARTMENT DETERMINES RELEVANT, INCLUDING INFORMATION ON COST
SAVINGS, AND SHALL INCLUDE RECOMMENDATIONS FOR FURTHER SUPPORT OF THE
GOALS OF THIS SECTION. THIS REPORT SHALL BE PROVIDED WITHIN EIGHTEEN
MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
§ 2. This act shall take effect immediately. Effective immediately
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made on or before such date.