S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8761
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the social services law, in relation to evaluations  for
   home health services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) and subparagraph  (i)  of  paragraph  (e)  of
 subdivision 2 of section 365-a of the social services law, paragraph (d)
 as  amended  by  chapter  59 of the laws of 1993 and subparagraph (i) of
 paragraph (e) as amended by section 2 of part MM of chapter  56  of  the
 laws of 2020, are amended to read as follows:
   (d)  (I)  home  health  services  provided  in  a recipient's home and
 prescribed by a physician including services of a nurse  provided  on  a
 part-time  or  intermittent  basis  rendered  by an approved home health
 agency or if no  such  agency  is  available,  by  a  registered  nurse,
 licensed to practice in this state, acting under the written orders of a
 physician  and  home health aide service by an individual or shared aide
 provided by an approved home health agency when such services are deter-
 mined to be cost effective and appropriate to meet the recipient's needs
 for assistance subject to  the  provisions  of  [section  three  hundred
 sixty-seven-j and] section three hundred sixty-seven-o of this title.
   (II) A COPY OF EVERY ASSESSMENT OR EVALUATION CONDUCTED TO DETERMINE A
 RECIPIENT'S  NEED  FOR  ASSISTANCE SHALL BE PROMPTLY PROVIDED IN FULL TO
 THE RECIPIENT OR THE RECIPIENT'S DESIGNEE UPON COMPLETION OF THE ASSESS-
 MENT OR EVALUATION;
   (i) (A) personal care services, including personal emergency  response
 services,  shared aide and an individual aide, subject to the provisions
 of subparagraphs (ii), (iii), (iv), (v)  and  (vi)  of  this  paragraph,
 furnished  to  an  individual  who  is not an inpatient or resident of a
 hospital, nursing facility, intermediate care facility  for  individuals
 with  intellectual  disabilities,  or institution for mental disease, as
 determined to meet the recipient's needs for assistance when cost effec-
 tive and appropriate, and when prescribed  by  a  qualified  independent
 physician  selected  or approved by the department of health, in accord-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14084-01-1
 A. 8761                             2
 
 ance with the recipient's plan of treatment and provided by  individuals
 who  are  qualified  to  provide  such services, who are supervised by a
 registered nurse and who are not members of the recipient's family,  and
 furnished in the recipient's home or other location.
   (B)  A COPY OF EVERY ASSESSMENT OR EVALUATION CONDUCTED TO DETERMINE A
 RECIPIENT'S NEED FOR ASSISTANCE SHALL BE PROMPTLY PROVIDED  IN  FULL  TO
 THE RECIPIENT OR THE RECIPIENT'S DESIGNEE UPON COMPLETION OF THE ASSESS-
 MENT OR EVALUATION;
   § 2. This act shall take effect immediately.