NY State Senate Bill 2021-S9560

Archive: Last Bill Status - In Senate Committee Rules 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
Sep 16, 2022	referred to rules

2021-S9560 (ACTIVE) - Details

See Assembly Version of this Bill:: A8761
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S2933

2021-S9560 (ACTIVE) - Summary

Requires that a copy of every assessment or evaluation conducted to determine a recipient's need for home care assistance shall be promptly provided to the recipient or the recipient's designee.

2021-S9560 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9560

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the social services law, in relation to evaluations for
home health services

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide applicants for Medicaid covered home care services a copy of
their need assessment upon its completion.

 
SUMMARY OF SPECIFIC PROVISIONS:

The bill amends Social Services Law 365-A (2) to require that applicants
for home health services, and personal care services, receive a copy of
every need assessment or evaluation upon its completion.

 
JUSTIFICATION:

Currently, an individual is required to undergo a need assessment when
applying for Medicaid coverage of home care services. The individual is
not provided a copy of the assessment unless the resulting plan of care,
which is determined by the Medicaid managed care plan or the local
social services district, is challenged by the individual in an appeal
or fair hearing.

Delays occur between the assessments, the qualification for benefits and
the determination of a plan of care. If there is an error in the assess-
ment, which has been shown to happen, the effect of the error will
cascade through the rest of the process. Only upon discovery triggered
by an appeal for fair hearing, will the individual find the initial
error. Persons who are elderly or living with a disability are vulner-
able enough without errors being built into the system for their care.

This legislation will seek to correct this issue by automatically
providing individuals receiving an assessment with a copy of such
assessment after it has occurred. This will allow those individuals to
be made aware of any determinations and allow them to proactively
resolve any errors. Having more accurate assessments will not only bene-
fit the individuals directly receiving services, but will also assist in
the administration of the Medicaid program and could help to shape poli-
cy decisions relating to the program.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None noted  
EFFECTIVE DATE:
Immediately

2021-S9560 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9560
 
                             I N  S E N A T E
 
                            September 16, 2022
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 S. 9560                             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.

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Senate Bill S9560

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9560 (ACTIVE) - Details

2021-S9560 (ACTIVE) - Summary

2021-S9560 (ACTIVE) - Sponsor Memo

2021-S9560 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9560

Share this bill

Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9560 (ACTIVE) - Details

2021-S9560 (ACTIVE) - Summary

2021-S9560 (ACTIVE) - Sponsor Memo

2021-S9560 (ACTIVE) - Bill Text download pdf

Comments