NY State Senate Bill 2019-S1820

Senate Bill S1820

Vetoed By Governor

2019-2020 Legislative Session

Relates to the moratorium on the processing and approval of applications for licensure of licensed home care services agencies

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Archive: Last Bill Status Via A976 - Vetoed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 20, 2019	tabled vetoed memo.239
Dec 10, 2019	delivered to governor
Feb 28, 2019	returned to assembly passed senate 3rd reading cal.144 substituted for s1820
Feb 28, 2019	substituted by a976
Feb 26, 2019	advanced to third reading
Feb 12, 2019	2nd report cal.
Feb 11, 2019	1st report cal.144
Jan 16, 2019	referred to health

Votes

- Feb 28, 2019 - Floor Vote
  A976
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 28, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Young
      
      excused (1)
      
      Little
  Feb 11, 2019 - Health Committee Vote
  S1820
  
  14
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 11, 2019
      
      aye (14)
      
      Antonacci
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Gallivan
      
      Hoylman-Sigal
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Stavisky
      
      excused (1)
      
      Jacobs

co-Sponsors

2019-S1820 (ACTIVE) - Details

See Assembly Version of this Bill:: A976
Law Section:: Health
Laws Affected:: Amd part B §9-e, Chap 57 of 2018
Versions Introduced in 2017-2018 Legislative Session:: S8942, A11126

2019-S1820 (ACTIVE) - Summary

Relates to the moratorium on the processing and approval of applications for licensure of licensed home care services agencies; permits the commissioner of health to grant exemptions from such moratorium.

2019-S1820 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1820

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend part B of chapter 57 of the laws of 2018, amending the
public health law and other laws relating to registration of licensed
home care services agencies, in relation to the moratorium on the proc-
essing and approval of applications

 
PURPOSE:

To clarify that the Commissioner of Health may provide an exemption to
the moratorium on Licensed Home Care Services Agencies (LHCSAs) if, in
his or her discretion, the application is consistent with the state's
goals of consolidation and improving care delivery.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends budget language adopted in Part B of Chap-
ter 57 of the laws of 2018 by adding a new exception (d) to section 9-e

which established a moratorium on the processing and approval of LHCSA
applications seeking licensure.

Section 2 provides an immediate effective date.

 
EXISTING LAW:

Part B of Chapter 57 of the laws of 2018 (the 2018 Health and Mental
Hygiene Budget) established a two year moratorium on LHCSA applications
while providino certain exceptions from the moratorium.

 
JUSTIFICATION:

As part of the 2018.-19 adopted budget. A two year moratorium was placed
on the licensing of LHCSAs. The Department of Health released guidance
on May 10th and sent letters to hundreds of providers who had pending
applications before the Department, many for a year or more. Virtually
all of the applicants were advised they did not meet the existing statu-
tory exceptions and their applications were no longer active. Many exam-
ples of applications for the sale and transfer of LHCSAs have come to
light which are consistent with the stated goal of the moratorium, which
was to consolidate the number of LHCSAs in the state and give the
Department time to assess the situation and work toward improving care
delivery.

This legislation clarifies the original intent and provides a vehicle by
which the Commissioner may provide exceptions to the moratorium when, in
his or her discretion, he or she deems an application to be consistent
with goals for consolidation and improving care delivery.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-S1820 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1820
 
                        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 part B of chapter 57 of the laws of 2018,  amending  the
   public  health law and other laws relating to registration of licensed
   home care services agencies, in relation  to  the  moratorium  on  the
   processing and approval of applications
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 9-e of part B of chapter 57 of the  laws  of  2018,
 amending  the  public health law and other laws relating to registration
 of licensed home care services agencies, is amended to read as follows:
   § 9-e. Effective April 1, 2018, the commissioner of health shall place
 a moratorium on the processing  and  approval  of  applications  seeking
 licensure  of  a  licensed home care services agency pursuant to section
 3605 of the public health  law  that  have  not  received  establishment
 approval  or  contingent establishment approval by the public health and
 health planning council, except for: (a) an application  seeking  licen-
 sure  of  a licensed home care services agency that is submitted with an
 application for approval as an assisted living program authorized pursu-
 ant to section 461-l of the social  services  law;  (b)  an  application
 seeking  approval  to  transfer  ownership for an existing licensed home
 care services agency that has been licensed and operating for a  minimum
 of  five years for the purpose of consolidating ownership of two or more
 licensed home care services agencies; [and] (c) an  application  seeking
 licensure  of  a  home  care  services agency where the applicant demon-
 strates  to  the  satisfaction  of  the  commissioner  of  health   that
 submission  of  the application to the public health and health planning
 council for consideration would  be  appropriate  on  grounds  that  the
 application addresses a serious concern such as a lack of access to home
 care services in the geographic area or a lack of adequate and appropri-
 ate  care,  language and cultural competence, or special needs services;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03870-01-9

 S. 1820                             2
 
 AND (D) ANY OTHER APPLICATION THAT THE COMMISSIONER OF HEALTH, IN HIS OR
 HER DISCRETION, DEEMS TO BE CONSISTENT WITH GOALS FOR CONSOLIDATION  AND
 IMPROVING CARE DELIVERY. Such moratorium shall expire on March 31, 2020.
 In  implementing the provisions of this section, the commissioner shall,
 to the extent practicable, review  and,  where  appropriate,  prioritize
 presentation  to  the  public  health  and  health  planning  council of
 complete applications under paragraph (b)  of  this  section  where  the
 applicants  demonstrate,  to  the satisfaction of the commissioner, that
 the proposed change in ownership is consistent with the goals  of  para-
 graph (j) of subdivision 7 of section 4403-f of the public health law.
   § 2. This act shall take effect immediately.

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Senate Bill S1820

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Sponsored By

Gustavo Rivera