NY State Senate Bill 2023-S3006

Current 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 03, 2024	referred to health
Jan 26, 2023	referred to health

2023-S3006 (ACTIVE) - Details

See Assembly Version of this Bill:: A1856
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2804-b, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S7219, A8168

2023-S3006 (ACTIVE) - Summary

Relates to creating a nursing home resident quality and safety study to study the implementation of a globally recognized frailty index score methodology in nursing homes in New York state.

2023-S3006 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3006

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the public health law, in relation to creating a nursing
home resident quality and safety study; and providing for the repeal of
such provisions upon expiration thereof

 
PURPOSE:

Creates a nursing home resident quality and safety study.

 
SUMMARY OF PROVISIONS:

Section 1: Establishes the nursing home resident quality and safety
study.

Provides relevant definitions.

Sets forth that a method for nursing homes to apply for participation in
the study must be provided while using certain selection criterion

(region, occupancy rate, ensuring participation by non-profit/public
facilities, the size of a facility in terms of beds, and the ratings of
a facility).

Data from participating facilities must be categorized. Participating
facilities will be divided evenly into a control group and an inter-
vention group, with different expectations from each group.

A demonstration team must perform all tasks necessary for the completion
of the study.

Staff in nursing homes throughout the state will receive training in the
frailty index methodology.

Certain timelines are set forth, including when applications for partic-
ipation will be accepted; selection for participating facilities; the
demonstration team's collection of data set data; when the demonstration
team must complete the frailty index methodology training; when the
demonstration team must implement the frailty index methodology; when
the year-one report must be provided to the Governor, the Senate Majori-
ty Leader, and the Speaker of the Assembly; the end date of the study;
and the due date for the final report.

Provides that commissioner will be authorized to use funds from the
federal civil money penalty reinvestment program for the purposes.of
this section.

Section 2: Sets the effective date.

 
JUSTIFICATION:

The Legislature finds the need to conduct a demonstration to evaluate
the impact of using a globally recognized frailty score-based methodol-
ogy on resident outcomes and provider quality in nursing homes in New
York State.


Frailty includes the following elements: a global standard of clinical
risk, a measure of vulnerability and risk, the accumulation of chronic
illnesses and the loss of function and/or cognition and is characterized
by sudden declines and diminished recovery from illness or trauma.
Frailty risk score reliably predicts adverse outcomes including risk of
hospitalization, length of stay, pharmacy/lab costs, mortality, and
clinical outcomes: wounds, falls, delirium, mortality, weight loss,
etc., which can help prioritize the use of resources and supports for
the resident. Frailty risk assessment and scoring is internationally
validated for more than a quarter of a century and is used by National
Health Systems in Canada, Australia, China, and the United Kingdom as
well as in California and a growing number of states.

The demonstration authorized under this legislation would include an
intervention group comprised of residential care facilities that volun-
teer and will receive training and use the frailty risk assessment plat-
form; and a control group that continue to operate under the status quo
to allow for comparison. Demonstration will assure there is geographical
balance in the residential healthcare facilities as well as accounting
for bed size, affiliation with hospital/health system, ownership type,
occupancy and star rating.

The success of the demonstration will be evaluated based on an interim
report and a final report. The reports will be submitted to Governor,
Speaker of the Assembly, Temporary President of the Senate and Chairs of
the Senate and Assembly Health and Aging Committees.

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
LEGISLATIVE HISTORY:

None

 
EFFECTIVE DATE:
This act shall take effect September 1, 2023, and shall expire and be
deemed repealed 2 years after such date.

2023-S3006 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3006
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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 creating a nursing
   home resident quality and safety study; and providing for  the  repeal
   of such provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2804-b to read as follows:
   §  2804-B.  NURSING  HOME RESIDENT QUALITY AND SAFETY STUDY. 1.  DEFI-
 NITIONS.  FOR THE PURPOSES OF THIS SECTION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "FRAILTY  INDEX"  MEANS A GLOBALLY RECOGNIZED METHODOLOGY USED TO
 MEASURE THE HEALTH STATUS OF ELDERLY INDIVIDUALS.
   (B) "FRAILTY SCORE" MEANS A SCORE  GIVEN  TO  AN  INDIVIDUAL  ANALYZED
 USING THE FRAILTY INDEX.
   (C)  "THE  STUDY"  MEANS  THE NURSING HOME RESIDENT QUALITY AND SAFETY
 STUDY CONDUCTED PURSUANT TO THIS SECTION.
   (D) "MINIMUM DATA SET" MEANS A FEDERALLY MANDATED PROCESS FOR CLINICAL
 ASSESSMENT OF ALL RESIDENTS IN MEDICARE OR  MEDICAID  CERTIFIED  NURSING
 HOMES.
   (E) "THE DEMONSTRATION TEAM" MEANS A PRIVATE BUSINESS APPOINTED BY THE
 COMMISSIONER  THAT HAS THE RESOURCES AND TECHNOLOGY AVAILABLE TO COLLECT
 MINIMUM DATA SET DATA FOR ALL NURSING HOMES IN NEW YORK STATE FOR ANALY-
 SIS, AND TO PERFORM ALL TASKS NECESSARY FOR THE COMPLETION OF THE STUDY.
   (F) "NURSING HOME" OR "FACILITY" MEANS A NURSING HOME  AS  DEFINED  BY
 SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
   (G) "APPLICANT" MEANS A NURSING HOME THAT HAS SUBMITTED AN APPLICATION
 TO PARTICIPATE IN THE STUDY.
   (H) "PARTICIPATING FACILITY" MEANS AN APPLICANT THAT HAS BEEN APPROVED
 BE THE COMMISSIONER TO PARTICIPATE IN THE STUDY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06040-01-3

 S. 3006                             2
 
   (I) "CONTROL GROUP" MEANS THE GROUP OF PARTICIPATING FACILITIES ACTING
 AS  A  CONTROL  DURING  THE STUDY BY NOT IMPLEMENTING THE USE OF FRAILTY
 INDEX METHODOLOGY.
   (J)  "INTERVENTION  GROUP" MEANS THE GROUP OF PARTICIPATING FACILITIES
 IMPLEMENTING THE USE OF FRAILTY INDEX METHODOLOGY.
   (K)  "RESIDENTIAL  HEALTH  CARE  FACILITY  QUALITY  INCENTIVE  PAYMENT
 PROGRAM"  MEANS THE PROGRAM ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT
 HUNDRED ONE-F OF THIS ARTICLE.
   2. NURSING HOME RESIDENT QUALITY AND  SAFETY  STUDY  ESTABLISHED.  THE
 COMMISSIONER  SHALL  UNDERTAKE  A  STUDY  ON THE ADOPTION OF THE FRAILTY
 INDEX METHODOLOGY TO IMPROVE THE  QUALITY  OF  CARE  IN  NURSING  HOMES,
 ACHIEVE  BETTER  OUTCOMES  FOR NURSING HOME RESIDENTS, AND HELP NEW YORK
 STATE MORE APPROPRIATELY DIRECT PAYMENTS TO PROVIDERS BASED  ON  QUALITY
 PERFORMANCE, PURSUANT TO THIS SECTION.
   3.  APPLICATION AND ACCEPTANCE FOR PARTICIPATION. (A) THE COMMISSIONER
 SHALL MAKE AVAILABLE A METHOD FOR NURSING HOMES  TO  APPLY  FOR  PARTIC-
 IPATION  IN  THE  STUDY.  THE  STUDY  SHALL RECEIVE SUCH APPLICANTS ON A
 FIRST-COME FIRST-SERVE BASIS.
   (B) THE COMMISSIONER SHALL ACCEPT AN  EQUAL  NUMBER  OF  NURSING  HOME
 APPLICANTS FOR PARTICIPATION IN THE STUDY FROM EACH DEPARTMENT REGION.
   (C)  APPLICANTS  ACCEPTED FOR PARTICIPATION IN THE STUDY SHALL, AT THE
 TIME OF SUBMISSION OF AN APPLICATION, HAVE AN OCCUPANCY RATE OF  SEVENTY
 PERCENT OR GREATER.
   (D)  AT  LEAST TWENTY PERCENT OF APPLICANTS ACCEPTED FOR PARTICIPATION
 IN THE STUDY SHALL BE A NON-PROFIT OR PUBLIC FACILITY.
   4. CATEGORIZATION OF DATA. DATA FROM PARTICIPATING FACILITIES SHALL BE
 CATEGORIZED AS FOLLOWS:
   (A) FACILITIES HAVING:
   (I) THREE HUNDRED BEDS OR MORE;
   (II) ONE HUNDRED TO TWO HUNDRED NINETY-NINE BEDS; AND
   (III) NINETY-NINE BEDS OR FEWER;
   (B) FACILITIES OPERATING:
   (I) AS PART OF A HOSPITAL; AND
   (II) INDEPENDENTLY FROM A HOSPITAL; AND
   (C) FACILITIES HAVING A RATING OF:
   (I) ONE TO TWO STARS; AND
   (II) THREE TO FIVE STARS.
   5. CONTROL AND INTERVENTION GROUPS. PARTICIPATING FACILITIES SHALL  BE
 DIVIDED  EVENLY INTO A CONTROL GROUP AND AN INTERVENTION GROUP.  PARTIC-
 IPATING FACILITIES IN THE CONTROL GROUP SHALL  MAKE  NO  CHANGES,  OTHER
 THAN  REPORTING  DATA  AS  DIRECTED BY THE COMMISSIONER.   PARTICIPATING
 FACILITIES IN THE INTERVENTION GROUP SHALL IMPLEMENT FRAILTY INDEX METH-
 ODOLOGY PURSUANT TO THIS SECTION.
   6. DEMONSTRATION TEAM. (A) THE  COMMISSIONER  SHALL  CONTRACT  WITH  A
 DEMONSTRATION TEAM, TO PERFORM ALL TASKS NECESSARY FOR THE COMPLETION OF
 THE  STUDY,  UNDER  THE DIRECTION OF THE COMMISSIONER. THE DEMONSTRATION
 TEAM SHALL:
   (I) TRAIN AND PROVIDE CERTIFICATION IN THE FRAILTY  INDEX  METHODOLOGY
 TO STAFF IN THE INTERVENTION GROUP, INCLUDING BUT NOT LIMITED TO NURSES'
 AIDES, NURSES, PHYSICIANS, THERAPISTS, DIETARY STAFF, RECREATION, SOCIAL
 WORKERS, MANAGERS, AND ADMINISTRATIVE LEADERS;
   (II)  COLLECT  MINIMUM DATA SET DATA FOR ALL PARTICIPATING FACILITIES,
 AND COLLECT FRAILTY SCORE  DATA  FROM  FACILITIES  IN  THE  INTERVENTION
 GROUP;
 S. 3006                             3

   (III)  COLLECT  PERFORMANCE  DATA  ON  NEW YORK STATE QUALITY MEASURES
 INCLUDED IN THE  RESIDENTIAL  HEALTH  CARE  FACILITY  QUALITY  INCENTIVE
 PAYMENT PROGRAM FOR ALL PARTICIPATING FACILITIES; AND
   (IV)  TRACK  NURSING  HOME  RESIDENT INFORMATION FOR ALL PARTICIPATING
 FACILITIES INCLUDING HOSPITAL TRANSFERS AND  READMISSIONS,  POLYPHARMACY
 USE,  FALLS, PAIN, PRESSURE ULCERS, AND OTHER INFORMATION AS DIRECTED BY
 THE COMMISSIONER.
   (B) THE COMMISSIONER SHALL BE AUTHORIZED  TO  PAY  REASONABLE  COMPEN-
 SATION TO THE DEMONSTRATION TEAM WITHIN THE LIMITS PROVIDED BY APPROPRI-
 ATION.
   7. FRAILTY INDEX METHODOLOGY TRAINING. (A) STAFF CERTIFIED AND TRAINED
 IN  THE  FRAILTY INDEX METHODOLOGY PURSUANT TO SUBPARAGRAPH (I) OF PARA-
 GRAPH (A) OF SUBDIVISION SIX OF THIS  SECTION  SHALL  BE  AUTHORIZED  TO
 TRAIN  STAFF  IN NURSING HOMES THROUGHOUT THE STATE IN THE FRAILTY INDEX
 METHODOLOGY AFTER THE COMPLETION OF THE STUDY.
   (B) SUCH TRAINING SHALL BE CONDUCTED DURING OFF-HOURS, AND PARTICIPAT-
 ING FACILITIES SHALL COVER THE COST FOR SUCH TRAINING. SUCH  PARTICIPAT-
 ING  FACILITIES  SHALL  BE REIMBURSED BY THE STATE FOR TRAINING EXPENSES
 UPON THE COMPLETION OF THE STUDY.
   (C) ALL PARTICIPATING FACILITIES THAT COMPLETE THE STUDY SHALL RECEIVE
 A TWENTY-FIVE PERCENT DISCOUNT FROM THE STATE THAT SHALL BE  APPLIED  TO
 FRAILTY INDEX METHODOLOGY TRAINING OF FUTURE EMPLOYEES.
   8.  TIMELINE  OF THE STUDY. THE STUDY SHALL FOLLOW THE FOLLOWING TIME-
 LINE:
   (A) UPON THE EFFECTIVE DATE OF THIS SECTION,  THE  COMMISSIONER  SHALL
 BEGIN  ACCEPTING APPLICATIONS FROM NURSING HOMES APPLYING TO PARTICIPATE
 IN A STUDY PURSUANT TO SUBDIVISION THREE OF THIS SECTION;
   (B) ON OR BEFORE THE THIRTIETH DAY AFTER THE EFFECTIVE  DATE  OF  THIS
 SECTION,  THE COMMISSIONER SHALL HAVE SELECTED ALL PARTICIPATING FACILI-
 TIES FROM APPLICANTS PURSUANT TO SUBDIVISION THREE OF THIS SECTION,  AND
 SHALL HAVE APPOINTED A DEMONSTRATION TEAM PURSUANT TO SUBDIVISION SIX OF
 THIS SECTION;
   (C)  BEGINNING  THE  SIXTIETH  DAY  AFTER  THE  EFFECTIVE DATE OF THIS
 SECTION, THE DEMONSTRATION TEAM SHALL BEGIN COLLECTING MINIMUM DATA  SET
 DATA  FROM  PARTICIPATING  FACILITIES FROM THE PRIOR YEAR TO ESTABLISH A
 BASELINE PERFORMANCE FOR PARTICIPATING FACILITIES;
   (D) ON OR BEFORE THE ONE HUNDRED TWENTIETH  DAY  AFTER  THE  EFFECTIVE
 DATE  OF THIS SECTION, THE DEMONSTRATION TEAM SHALL COMPLETE THE FRAILTY
 INDEX  METHODOLOGY  TRAINING  PURSUANT  TO  SUBDIVISION  SEVEN  OF  THIS
 SECTION;
   (E)  BEGINNING  ON  THE  ONE HUNDRED TWENTIETH DAY AFTER THE EFFECTIVE
 DATE OF THIS SECTION, PARTICIPATING FACILITIES IN THE INTERVENTION GROUP
 SHALL BEGIN IMPLEMENTING THE FRAILTY INDEX METHODOLOGY;
   (F) UPON THE  FOURTEENTH  MONTH  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  THE  DEMONSTRATION  TEAM  SHALL ISSUE A REPORT ON THE YEAR-ONE
 RESULTS OF THE STUDY TO THE GOVERNOR, THE SPEAKER OF THE  ASSEMBLY,  THE
 TEMPORARY  PRESIDENT  OF  THE  SENATE,  AND THE CHAIRS OF THE SENATE AND
 ASSEMBLY HEALTH AND AGING COMMITTEES;
   (G) THE STUDY SHALL END UPON THE EIGHTEENTH MONTH AFTER THE  EFFECTIVE
 DATE OF THIS SECTION; AND
   (H)  UPON  THE  TWENTY-FIRST  MONTH  AFTER  THE EFFECTIVE DATE OF THIS
 SECTION, THE DEMONSTRATION TEAM SHALL ISSUE A FINAL REPORT INCLUDING THE
 FINDINGS OF  THE  STUDY  AND  RECOMMENDATIONS  FOR  FUTURE  LEGISLATIVE,
 PROGRAM,  PROVIDER,  AND  OTHER STAKEHOLDER ACTIONS TO THE GOVERNOR, THE
 SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND  THE
 CHAIRS OF THE SENATE AND ASSEMBLY HEALTH AND AGING COMMITTEES.
 S. 3006                             4

   9.  USE  OF  FUNDS.  THE COMMISSIONER SHALL BE AUTHORIZED TO USE FUNDS
 RECEIVED FROM THE FEDERAL CIVIL MONEY PENALTY REINVESTMENT  PROGRAM  FOR
 THE PURPOSES OF THIS SECTION.
   §  2.  This  act shall take effect September 1, 2023, and shall expire
 and be deemed repealed 2 years after such date.

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Senate Bill S3006

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S3006 (ACTIVE) - Details

2023-S3006 (ACTIVE) - Summary

2023-S3006 (ACTIVE) - Sponsor Memo

2023-S3006 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3006

Share this bill

Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Health Committee

2023-S3006 (ACTIVE) - Details

2023-S3006 (ACTIVE) - Summary

2023-S3006 (ACTIVE) - Sponsor Memo

2023-S3006 (ACTIVE) - Bill Text download pdf

Comments