BILL NUMBER: S238

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the social services law, in relation to enacting Vincent
Scheppa's law authorizing, in certain cases, the provision of in-home
private duty nursing services to a recipient of medical assistance by a
relative who is a registered professional nurse

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide a mechanism for a Medicaid recipient who is authorized to
receive in-home private duty nursing services to receive such services
from a relative who is a registered professional nurse.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill declares the act shall be cited as "Vincent
Scheppa's law.

              

Section 2 of the bill amends the social services law and adds a new
section 365-o. Section 365-o authorizes Medicaid recipients, their
representative or guardian, who has been approved for in-home private
duty nursing, to apply to the commissioner of health to approve an adult
relative, other than the spouse of the recipient, who is a registered
professional nurse to provide nursing care to the recipient and receive
compensation at the licensed practical nurse rate of pay.

Section 3 is the effective date.

 
JUSTIFICATION:

On occasion, an individual who requires and is approved for in-home
nursing care through Medicaid has a family member who is a registered
professional nurse licensed in the state and qualified to provide the
care needed by their loved one. Current practice only allows a family
member to provide care and be reimbursed under Medicaid through the
Consumer Directed Personal Assistant Program (CDPAP) at the personal
assistant rate of pay. This program allows family members to provide
services traditionally reserved to those licensed as nurses in limited
instances. However, CDPAP does not have a mechanism to allow relatives
to be hired and paid a nursing rate for approved in-home nursing care.
As a result, a nurse who would like to provide the care at home for a
relative must be able to afford to take a substantial pay cut to do so
or work as a nurse caring for someone else in order to earn the salary
commensurate to their licensure.

This legislation provides a mechanism for Medicaid recipients, or their
representatives, to apply to the Department of Health in these rare
instances where a family member is qualified and interested in providing
nursing services through Medicaid to their loved one and be reimbursed
at a nursing rate.

Vincent Scheppa suffered a brain injury in May of 2016 and has been
unable to care for himself since then. Vincent's mother Chris Scheppa is
a registered trauma nurse at the Mercy Medical Center Emergency Room.
Chris is constantly having to train a revolving door of home health aid

workers on the specific medical needs of her son. She has been by
Vincent's side since the accident.

 
PRIOR LEGISLATIVE HISTORY:

2020: 5.3339 (Thomas) / A.3415 (Abinanti) - Referred to Health.
2019: S.3339 (Thomas) / A.3415 (Abinanti) - Passed Senate.
2017-18: S.6054

(Hannon) / A.8916 (Abinanti) - Passed Senate.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to state as individuals would already be approved for in-home nurs-
ing care and the relative would not receive a higher rate of pay than
currently provided.

 
EFFECTIVE DATE:
This act shall take effect immediately.