NY State Senate Bill 2023-S9664

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
May 16, 2024	referred to health

2023-S9664 (ACTIVE) - Details

See Assembly Version of this Bill:: A313
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
2021-2022: S3748, A1060

2023-S9664 (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.

2023-S9664 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9664

SPONSOR: RAMOS
 
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 labor, with the assistance of
collaborating state agencies, to conduct a competitive labor market
study to assess and make recommendations for home care and hospice capa-
bility to compete in the labor market for recruitment and retention of
direct care staff to meet patient and health system needs, and to estab-
lish a taskforce to promote entrance, practice, career development and
retention in home health and hospice occupations, including home health
aide, nursing, physical therapy, occupational therapy, social work and
others that the commissioner designates.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Sets forth the home care-hospice labor market study and
recommendations under the direction of the state commissioner of labor,
with the collaboration of the commissioner of health.

Section 2: Sets for the home care-hospice labor task force, under the
co-chairmanship of the commissioner of labor and director of the office
for aging and the collaborative support of assistance of the departments
of health and aging, and the office of mental health.

Section 3: Provides the effective date.

 
JUSTIFICATION:

Both New York State and the United States Department of Labor analyses
show home care occupations to be among the top projected occupational-
needs for the foreseeable future. The needs are driven and compounded
by: major demographic changes (in particular the aging of the popu-
lation); changes in state of the art medical practice enabling individ-
uals to live longer, and to survive and live adapting to major trauma
and chronic illness; major changes in hospital and institutional care
use prompted by state and federal health care reforms; and other.

Recruitment and retention of individuals for health occupations in home-
care and hospice sufficient to meet demand is a major challenge on its
own, but is made more complex by home care and hospice's less compet-
itive positions in the labor market and in the lesser awareness and
interest of individuals to enter and work in the home care and hospice
fields. Home care and hospices' ability to compete to recruit and retain
staff is at a huge disadvantage as these providers are also most often
not reimbursed at competitive levels with other major employers in the
market for the same health labor force, and when work in the home care
and hospice fields is inherently demanding in unique and extremely chal-
lenging ways.

The lack of individuals entering and staying in home care and hospice
occupations, in comparison to the current and future need, is of crisis

proportions around NYS in terms of patient access and overall health
system function.

This legislation takes on critical short and long term elements that
need to be addressed in order to ensure an adequate health home health
and hospice labor force, and indeed, adequate health care, for New York-
ers.

 
FISCAL IMPLICATIONS:

None. The legislation seeks corrections and initiatives that will
prevent higher costs to the state by enabling the home care and hospice
systems to have adequate staff to service the patient and community
need. Any rate reimbursement changes or other fiscal measures recom-
mended to the Legislature and Governor by either the market study or the
labor task force would be subject to future budget decision-making.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9664 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9664
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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-THREE,  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-
 AL AMOUNTS OF UP TO THIRTY PERCENT OF THE AGGREGATE LEVEL SPECIFIED  FOR
 ADJUSTMENTS UNDER SUBDIVISION NINE OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01466-01-3

 S. 9664                             2
 
   ON  OR  BEFORE APRIL FIRST, TWO THOUSAND TWENTY-FIVE, 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 S9664

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S9664 (ACTIVE) - Details

2023-S9664 (ACTIVE) - Summary

2023-S9664 (ACTIVE) - Sponsor Memo

2023-S9664 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9664

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Sponsored By

Jessica Ramos

Current Bill Status - In Senate Committee Health Committee

2023-S9664 (ACTIVE) - Details

2023-S9664 (ACTIVE) - Summary

2023-S9664 (ACTIVE) - Sponsor Memo

2023-S9664 (ACTIVE) - Bill Text download pdf

Comments