NY State Senate Bill 2021-S3748

Archive: Last Bill Status - In Senate Committee Health Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Jan 30, 2021	referred to health

2021-S3748 (ACTIVE) - Details

See Assembly Version of this Bill:: A1060
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3614 & 2807-v, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8687, A10818
2019-2020: S1420, A6768
2023-2024: S9664, A313

2021-S3748 (ACTIVE) - Summary

Authorizes the commissioner of health to adjust medical assistance rates of payment for certified home health agencies, managed long term care plans, hospices, long term home health care programs, licensed home care services agencies and other entities for recruitment, training and retention of direct care workers for services in shortage areas and by shortage disciplines.

2021-S3748 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3748

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the public health law, in relation to home care and
hospice worker shortage areas and disciplines

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize the state commissioner of health to include among rate
adjustments for health personnel recruitment, training and retention, an
adjustment targeted specifically to geographic shortage areas and short-
age disciplines and to allow the commissioner to pilot test the effec-
tiveness of various approaches in support of this objective.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends § 3614 of the public health law to add a new subdivi-
sion 9-a to authorize the state commissioner of health to include among
the existing recruitment, training and retention rate adjustments for

home care, hospice and managed long term care plans, an additional
adjustment targeted specifically to geographic shortage areas and short-
age disciplines.

The amendment would further allow the commissioner to pilot test the
impact on recruitment and retention of allowing the rate adjustment
funds to be used for critical supports and incentives for direct care
personnel. These could include, but are not limited to, transportation,
education, training, child day care, career ladder, peer support, and
other that the commissioner may determine.

Section 2: Amends § 2807-v of the public health law, the HCRA tobacco
control and health initiatives financing pool, to authorize the commis-
sioner to be able to utilize from this pool unexpended funds and
balances that may accumulate and to direct these to fund the state and
local share of the new personnel/geographic shortage rate adjustments.

Section 3: Establishes the effective date.

 
JUSTIFICATION:

There are major geographic and discipline shortages around the state
that impair citizen access to vital home care and hospice services.  The
shortage's impacts reverberate across individuals, families and the
health care system overall, as the dependence upon home care increases
exponentially with demographic changes, changes in state of the art
medical practice, and major changes in hospital and institutional care
use prompted by state and federal health care reforms.

In 2002 and 2006, the state created adjustments to assist overall with
recruitment, training and retention of health care workers across the
continuum, including in home care, hospice and managed long term care.
As major gaps in sufficient direct care resources have opened up across
the state (both geographic and discipline-specific) in home and communi-
ty based care, and with no other external sources of working capital or
adjustment to operating revenue to support targeted intervention, this
legislation is desperately needed to address citizen and community
needs.
The legislation will ultimately be cost-effective because the access and
care gaps created by these shortages only yields higher cost service use
in the absence of home care and hospice.

 
PRIOR LEGISLATIVE HISTORY:

2019-2020: S.1420 Referred to Health

2018: S.8687 Referred to Health

 
FISCAL IMPLICATIONS:

Supported by existing unexpended and balance funds accumulating in the
HCRA pool.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3748 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3748
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  SERINO -- 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  home  care  and
   hospice worker shortage areas and disciplines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3614 of the public health law is amended by  adding
 a new subdivision 9-a to read as follows:
   9-A.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  THIS SECTION,
 EFFECTIVE FOR ANNUAL PERIODS BEGINNING APRIL FIRST, TWO  THOUSAND  TWEN-
 TY-ONE,  AND  FOR  EACH  ANNUAL  PERIOD  THEREAFTER, THE COMMISSIONER IS
 AUTHORIZED, SUBJECT TO THE AVAILABILITY  OF  FEDERAL  FINANCIAL  PARTIC-
 IPATION  AND  UPON  APPROVAL  OF  THE  STATE  DIRECTOR OF THE BUDGET, TO
 FURTHER ADJUST MEDICAL ASSISTANCE RATES OF PAYMENT  FOR  CERTIFIED  HOME
 HEALTH  AGENCIES, MANAGED LONG TERM CARE PLANS, HOSPICES, LONG TERM HOME
 HEALTH CARE PROGRAMS, LICENSED HOME  CARE  SERVICES  AGENCIES  PROVIDING
 SERVICES  UNDER  CONTRACT  WITH  SUCH AGENCIES AND PLANS, AND SUCH OTHER
 ENTITIES QUALIFYING UNDER SUBDIVISION NINE OF THIS SECTION, TARGETED FOR
 RECRUITMENT, TRAINING AND RETENTION OF DIRECT CARE WORKERS FOR  SERVICES
 IN  SHORTAGE AREAS AND BY SHORTAGE DISCIPLINES WHICH MAY INCLUDE NURSES,
 THERAPISTS, SOCIAL WORKERS, HOME HEALTH AIDES AND PERSONAL CARE AIDES.
   THE COMMISSIONER IS FURTHER AUTHORIZED TO PROVIDE SUCH ADJUSTMENTS  TO
 PILOT  TEST THE IMPACT ON RECRUITMENT AND RETENTION OF ALLOWING FUNDS TO
 BE USED FOR CRITICAL SUPPORTS AND INCENTIVES FOR DIRECT CARE  PERSONNEL,
 INCLUDING  TRANSPORTATION,  EDUCATION,  TRAINING, CHILD DAY CARE, CAREER
 LADDER, PEER SUPPORT, AND OTHER  SUPPORTS  WHICH  THE  COMMISSIONER  MAY
 DETERMINE.
   NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF SECTION TWENTY-EIGHT
 HUNDRED SEVEN-V OF THIS CHAPTER, FUNDS FOR SUCH ADJUSTMENTS MAY BE  MADE
 AVAILABLE,  UPON  THE  APPROVAL  OF  THE STATE BUDGET DIRECTOR, FROM ANY
 UNEXPENDED FUNDS AND BALANCES AVAILABLE UNDER SUCH SECTION, AND IN ANNU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05084-01-1

 S. 3748                             2
 
 AL AMOUNTS OF UP TO THIRTY PERCENT OF THE AGGREGATE LEVEL SPECIFIED  FOR
 ADJUSTMENTS UNDER SUBDIVISION NINE OF THIS SECTION.
   ON  OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-THREE, THE COMMISSIONER
 SHALL SUBMIT INFORMATION TO THE GOVERNOR AND LEGISLATURE ON  THE  EFFEC-
 TIVENESS OF THE PROGRAM IN RECRUITMENT AND RETENTION OF DIRECT CARE HOME
 CARE  PERSONNEL, AND IN ADDRESSING COMMUNITY NEED, AND SHALL MAKE RECOM-
 MENDATIONS FOR THE CONTINUATION OR MODIFICATION OF  THE  PROGRAM.    THE
 COMMISSIONER  SHALL  SEEK THE INPUT OF REPRESENTATIVES OF THE PROVIDERS,
 PLANS, CONSUMERS AND WORKERS IN EXAMINING AND REPORTING ON THE PROGRAM.
   § 2. Subdivision 1 of section 2807-v  of  the  public  health  law  is
 amended by adding a new paragraph (jjj) to read as follows:
   (JJJ)  FUNDS  MAY  BE  MADE  AVAILABLE,  FROM ANY UNEXPENDED FUNDS AND
 BALANCES UNDER THIS  SECTION,  FOR  RATE  ADJUSTMENTS  AUTHORIZED  UNDER
 SUBDIVISION  NINE-A OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAP-
 TER, WHICH SHALL NOT EXCEED THE AMOUNT SPECIFIED IN SUCH SUBDIVISION.
   § 3. This act shall take effect immediately.

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Senate Bill S3748

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2021-S3748 (ACTIVE) - Details

2021-S3748 (ACTIVE) - Summary

2021-S3748 (ACTIVE) - Sponsor Memo

2021-S3748 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3748

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Health Committee

2021-S3748 (ACTIVE) - Details

2021-S3748 (ACTIVE) - Summary

2021-S3748 (ACTIVE) - Sponsor Memo

2021-S3748 (ACTIVE) - Bill Text download pdf

Comments