S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3689
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the  social  services  law,  in  relation  to  requiring
   patient's  health  home  to use the adverse childhood experience ques-
   tionnaire in assessing the patient's health risks and to making  Medi-
   caid  reimbursement  of primary care providers contingent upon the use
   of the adverse childhood experience questionnaire; and to require  the
   commissioner  of  health  to submit reports to the senate and assembly
   health committees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  social  services  law  is  amended by adding two new
 sections 365-l-1 and 365-l-2 to read as follows:
   § 365-L-1. STANDARDS FOR PROVISION OF HEALTH HOME SERVICES TO MEDICAID
 ENROLLEES WITH CHRONIC CONDITIONS. CONSISTENT WITH FEDERAL LAW TO ENSURE
 FEDERAL FINANCIAL PARTICIPATION, A HEALTH CARE PROFESSIONAL PROVIDING  A
 PATIENT'S HEALTH HOME SHALL:
   1.  PROVIDE  COMPREHENSIVE PREVENTION AND DISEASE SCREENING FOR HIS OR
 HER PATIENTS AND MANAGING HIS OR HER  PATIENTS'  CHRONIC  CONDITIONS  BY
 COORDINATING CARE;
   2.  ENABLE  PATIENTS  TO  HAVE  ACCESS  TO PERSONAL HEALTH INFORMATION
 THROUGH A SECURE MEDIUM, SUCH AS THROUGH THE INTERNET,  CONSISTENT  WITH
 FEDERAL HEALTH INFORMATION TECHNOLOGY STANDARDS;
   3.  COLLABORATE WITH THE COMMUNITY HEALTH TEAMS, INCLUDING BY DEVELOP-
 ING AND IMPLEMENTING A COMPREHENSIVE PLAN FOR PARTICIPATING PATIENTS;
   4. UTILIZE THE ADVERSE CHILDHOOD EXPERIENCE QUESTIONNAIRE IN ASSESSING
 A PATENT'S HEALTH AND HEALTH RISKS;
   5. ENSURE ACCESS TO A  PATIENT'S  MEDICAL  RECORDS  BY  THE  COMMUNITY
 HEALTH  TEAM  MEMBERS  IN  A  MANNER COMPLIANT WITH THE HEALTH INSURANCE
 PORTABILITY AND ACCOUNTABILITY ACT, 12 V.S.A. § 1612, AND  21  V.S.A.  §
 516; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06556-01-1

 A. 3689                             2
 
   6. MEET REGULARLY WITH THE COMMUNITY HEALTH TEAM TO ENSURE INTEGRATION
 OF A PARTICIPATING PATIENT'S CARE.
   §  365-L-2.  ADVERSE CHILDHOOD EXPERIENCE QUESTIONNAIRE. REIMBURSEMENT
 FOR PRIMARY CARE PROVIDED TO A MEDICAID PATIENT SHALL BE CONTINGENT UPON
 THE PROVIDER'S USE OF THE  ADVERSE  CHILDHOOD  EXPERIENCE  QUESTIONNAIRE
 (ACE-IQ)  FOR  THE  PURPOSE  OF ASSESSING THE PATIENT'S HEALTH RISKS. AS
 USED IN THIS SECTION, "PRIMARY CARE" MEANS HEALTH SERVICES  PROVIDED  BY
 HEALTH CARE PROFESSIONALS TO IDENTIFY AND TREAT ASYMPTOMATIC INDIVIDUALS
 WHO HAVE RISK FACTORS OR PRECLINICAL DISEASE, BUT IN WHOM THE DISEASE IS
 NOT  CLINICALLY  APPARENT,  INCLUDING IMMUNIZATIONS AND SCREENING, COUN-
 SELING, TREATMENT, AND MEDICATION DETERMINED BY SCIENTIFIC  EVIDENCE  TO
 BE EFFECTIVE IN PREVENTING OR DETECTING A CONDITION.
   §  2. On or before December 15, 2021, the commissioner of health shall
 submit a report to the senate and assembly health committees  containing
 recommendations on the following:
   (a) whether and how trauma-informed care could be more widely incorpo-
 rated into the practice of medicine throughout New York state; and
   (b)  whether and how the use of the advance childhood experience ques-
 tionnaire and  other  preventive  medical  services  could  be  expanded
 throughout New York state.
   §  3.  This act shall take effect on the first of July next succeeding
 the date upon which it shall have become a law.