S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9034
 
                           I N  A S S E M B L Y
 
                             February 5, 2024
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Health
 
 AN ACT relating to complex care assistants and home  care  services  and
   supplementing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. As used in this act: (a) "family  member"  means  a  child,
 parent,  parent-in-law, sibling, grandparent, grandchild, spouse, domes-
 tic partner, or one partner in a civil union couple, or any other  indi-
 vidual  related  by blood, and any other individual with a close associ-
 ation that is the equivalent of a family relationship; and
   (b) "complex care assistant" means a family member who is certified by
 the department of health after passing an  in-person  examination  which
 tests the proficiency and competence of performing the tasks required to
 care for a medically fragile child which can include, but is not limited
 to,  medication administration, airway clearance therapies, tracheostomy
 care, intravenous line care, ventilator care,  enteral  care  and  other
 tasks  approved by the board of nursing for an individual under 21 years
 of age.
   § 2. (a) No later than one year after the effective date of  this  act
 and  receipt of federal approval for the program established pursuant to
 this act, the state Medicaid director within the  department  of  health
 shall  establish a program under which a family member of an enrollee in
 Medicaid may be certified as a complex care assistant and, after receiv-
 ing such certification may, under the direction of a  registered  nurse,
 provide  complex  care  assistant  services  to  the  enrollee through a
 private duty nursing agency under the  reimbursement  rates  established
 under  subdivision  (d) of this section, provided that the enrollee is a
 medically fragile child as defined in section 4401 of the public  health
 law and qualifies for private duty nursing services under Medicaid. Such
 program  shall operate as a New York Medicaid private duty nursing bene-
 fit. The department shall develop an assessment tool that will allow the
 division to identify enrollees who meet these eligibility criteria read-
 ily.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13449-03-4
 A. 9034                             2
 
   (b) The program established under this  act  shall  require  a  family
 member to complete all training, testing, and other qualification crite-
 ria  required under state and federal law for certification as a complex
 care assistant. The private duty nursing agency  that  will  employ  the
 family member to provide complex care assistant services to the enrollee
 shall  pay  all  costs  for  the  family member to become certified as a
 complex care assistant and to receive certification as  a  complex  care
 assistant from the department of health, before providing services under
 the  program established pursuant to this act. In no case shall a family
 member who becomes a complex care assistant under the provisions of this
 section be required  to  repay  or  reimburse  the  licensed  home  care
 services  and  certified  private duty nursing agencies for the costs of
 the family member becoming certified as a complex care  assistant  under
 the program.
   (c)  An  individual  certified to practice as a complex care assistant
 must complete a training program and shall pass an in-person examination
 approved by the department that demonstrates the applicant's  competence
 and  proficiency.  Such  training  program  shall include the following:
 medication  administration,  airway  clearance  therapies,  tracheostomy
 care,  intravenous  line  care,  ventilator care, enteral care and other
 tasks approved by the board of nursing for an individual under 21  years
 of age.
   (d)  Complex  care assistant services provided by a family member of a
 Medicaid enrollee who becomes certified  as  a  complex  care  assistant
 under  the  program established pursuant to this act shall be reimbursed
 to a private duty nursing agency at a rate of no  less  than  thirty-six
 dollars  for  complex care assistant services downstate and thirty-three
 dollars upstate. For care assistant high tech services it shall be at  a
 rate  no  less than forty-two dollars downstate and thirty-seven dollars
 upstate.  Cost of living adjustments to such rates shall be reviewed  by
 the  department  bi-annually  and  such rates adjusted accordingly based
 upon any increases to the  United  States  bureau  of  labor  statistics
 consumer price index.
   (e)  The  state Medicaid director, no later than three years after the
 date the program is established under this act, shall prepare and submit
 a report to the governor and the legislature concerning the viability of
 such program and the director's recommendations concerning such program.
   § 3. The state Medicaid director shall adopt rules and regulations  as
 necessary to implement the provisions of this act.
   §  4.  The  state  Medicaid  director  shall apply for such state plan
 amendments or waivers as may be necessary to implement the provisions of
 this act and secure federal financial participation for  state  Medicaid
 expenditures under the federal Medicaid program.
   § 5. This act shall take effect immediately.