NY State Senate Bill 2025-S5767

Senate Bill S5767

2025-2026 Legislative Session

Relates to creating a respiratory therapy demonstration program for residential health care facilities

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2025	referred to health

2025-S5767 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2832, Pub Health L

2025-S5767 (ACTIVE) - Summary

Relates to creating a respiratory therapy demonstration program for residential health care facilities; authorizes the commissioner of health approve up to ten residential health care facilities within the state to operate respiratory therapy units.

2025-S5767 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5767

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the public health law, in relation to creating a respir-
atory therapy demonstration program for residential health care facili-
ties

 
TITLE OF BILL:

An act to amend the public health law, in relation to creating a respir-
atory therapy demonstration program for residential health care facili-
ties

 
SUMMARY OF PROVISIONS:

Section 1. The public health law is amended by adding a new section 2832
to read as follows:

§ 2832. Residential health care facilities; respiratory therapy demon-
stration program. 1. Notwithstanding any other provision of law to the

contrary, the commissioner is authorized to approve up to ten residen-
tial health care facilities within the state to operate respiratory
therapy units by and within such residential health care facilities. For
purposes of this section, "respiratory therapy" shall mean the assess-
ment, treatment, monitoring and therapeutic interventions and restora-
tions of patients with deficiencies or abnormalities of cardiopulmonary
function and training with education to return to the community.

2. Respiratory therapy services shall include:

(a) Application of techniques for support of high-flow and low-flow
oxygenation, mechanical ventilation, therapeutic pulmonary and cardiac
rehabilitation and interdisciplinary interventions to assist in the
restoration of the patient's overall wellness to support and promote
healthy breathing, in the short and long-term;

(b) Pulmonary rehabilitation techniques and therapeutic interventions
for those suffering from chronic obstructive pulmonary disease (COPD),
and/or recovering from lung surgery, asthma attacks, bronchitis, and
pneumonia to improve their breathing for a better quality of life during
a skilled nursing facility stay;

(c) Self-management education and interventions for people with chronic
obstructive pulmonary disease (COPD), and/or recovering from lung
surgery, asthma attacks, bronchitis, and pneumonia to assist patients
return to community and to thrive at home and reduce the need for future
hospitalizations; and

(d) Pulmonary rehabilitation techniques and overall wellness education
and training to develop strength and endurance of supporting respiratory
muscles and other techniques to increase respiratory function, which
will improve the success of ventilator-weaning, reduce mortality rates,
and hasten the return of eligible candidates to better positive
outcomes.

3. In order to receive approval from the commissioner to operate a
respiratory therapy unit and to provide respiratory therapy, a residen-
tial health care facility shall file an application on forms prescribed
by or acceptable to the commissioner.

(a) The commissioner shall act upon such applications in a manner
consistent with section twenty-eight hundred two of this article. In the
public health and health planning council's evaluation of applications
and the commissioner acting upon such applications, priority shall be
given to applicants who can demonstrate a history of providing such
respiratory therapy over the past ten years.

(b) In order to be approved to operate a respiratory therapy unit and to
provide respiratory therapy, an applicant must comply with and meet all
applicable requirements of and conditions of participation under title
XVIII of the federal Social Security Act (Medicare).

(c) The commissioner shall establish the operating component of
reimbursement rates appropriate for patients requiring respiratory ther-
apy in a respiratory therapy unit, which shall include:

(i) Funding for minimum staffing appropriate to meet the standards and
needs of each level of nursing care, including but not limited to,
suctioning, transferring from bed daily, whirlpool bathing and transport
to therapy gym;

(ii) Minimum staffing for therapeutic interventions, including therapeu-
tic recreation, physical, occupational and speech therapies, and
adequate staff to transport residents; and

(iii) Appropriate equipment and supplies necessary to provide respir-
atory care and education, including portable mechanical ventilators,
oxygen, in-wall and portable, appropriate speaking valves, and appropri-
ate high protein and high caloric nutrition.The commissioner shall
report to the governor and the legislature concerning the implementation
of this section and the operation of respiratory therapy units within
three years after the effective date of this section. Such a report
shall include a recommendation regarding the expansion of the demon-
stration program and other metrics to define the need for and cost of
services for the population of individuals requiring respiratory thera-
py, as determined by the commissioner.

 
JUSTIFICATION:

Respiratory therapy in health care facilities would create new solutions
to help combat the growing number of New Yorkers who have COPD or are
recovering from respiratory illnesses like lung surgery or asthma. The
therapy would decrease mortality rates as well as help with ventilator
weaning, which would have lasting effects in the short and long term.
Implementation of this bill would be overseen by the commissioner,
making sure that applicants are being helped by the system. Creating a
respiratory therapy demonstration program for residential health care
facilities would foster positive outcomes for both citizens of the state
and health care facilities.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:
Yet to be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5767 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5767
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 respir-
   atory therapy demonstration program for residential health care facil-
   ities

   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
 2832 to read as follows:
   § 2832. RESIDENTIAL HEALTH CARE FACILITIES; RESPIRATORY THERAPY DEMON-
 STRATION PROGRAM. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE
 CONTRARY,  THE  COMMISSIONER IS AUTHORIZED TO APPROVE UP TO TEN RESIDEN-
 TIAL HEALTH CARE FACILITIES WITHIN  THE  STATE  TO  OPERATE  RESPIRATORY
 THERAPY UNITS BY AND WITHIN SUCH RESIDENTIAL HEALTH CARE FACILITIES. FOR
 PURPOSES  OF  THIS SECTION, "RESPIRATORY THERAPY" SHALL MEAN THE ASSESS-
 MENT, TREATMENT, MONITORING AND THERAPEUTIC INTERVENTIONS  AND  RESTORA-
 TIONS  OF PATIENTS WITH DEFICIENCIES OR ABNORMALITIES OF CARDIOPULMONARY
 FUNCTION AND TRAINING WITH EDUCATION TO RETURN TO THE COMMUNITY.
   2. RESPIRATORY THERAPY SERVICES SHALL INCLUDE:
   (A) APPLICATION OF TECHNIQUES FOR SUPPORT OF  HIGH-FLOW  AND  LOW-FLOW
 OXYGENATION,  MECHANICAL  VENTILATION, THERAPEUTIC PULMONARY AND CARDIAC
 REHABILITATION AND INTERDISCIPLINARY  INTERVENTIONS  TO  ASSIST  IN  THE
 RESTORATION  OF  THE  PATIENT'S  OVERALL WELLNESS TO SUPPORT AND PROMOTE
 HEALTHY BREATHING, IN THE SHORT AND LONG-TERM;
   (B) PULMONARY REHABILITATION TECHNIQUES AND THERAPEUTIC  INTERVENTIONS
 FOR  THOSE  SUFFERING FROM CHRONIC OBSTRUCTIVE PULMONARY DISEASE (COPD),
 AND/OR RECOVERING FROM LUNG SURGERY,  ASTHMA  ATTACKS,  BRONCHITIS,  AND
 PNEUMONIA TO IMPROVE THEIR BREATHING FOR A BETTER QUALITY OF LIFE DURING
 A SKILLED NURSING FACILITY STAY;
   (C) SELF-MANAGEMENT EDUCATION AND INTERVENTIONS FOR PEOPLE WITH CHRON-
 IC  OBSTRUCTIVE  PULMONARY  DISEASE  (COPD), AND/OR RECOVERING FROM LUNG
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10076-01-5

 S. 5767                             2
 
 SURGERY, ASTHMA ATTACKS, BRONCHITIS, AND PNEUMONIA  TO  ASSIST  PATIENTS
 RETURN TO COMMUNITY AND TO THRIVE AT HOME AND REDUCE THE NEED FOR FUTURE
 HOSPITALIZATIONS; AND
   (D) PULMONARY REHABILITATION TECHNIQUES AND OVERALL WELLNESS EDUCATION
 AND TRAINING TO DEVELOP STRENGTH AND ENDURANCE OF SUPPORTING RESPIRATORY
 MUSCLES  AND  OTHER  TECHNIQUES  TO INCREASE RESPIRATORY FUNCTION, WHICH
 WILL IMPROVE THE SUCCESS OF VENTILATOR-WEANING, REDUCE MORTALITY  RATES,
 AND  HASTEN  THE  RETURN  OF  ELIGIBLE  CANDIDATES  TO  BETTER  POSITIVE
 OUTCOMES.
   3. IN ORDER TO RECEIVE APPROVAL FROM THE  COMMISSIONER  TO  OPERATE  A
 RESPIRATORY  THERAPY UNIT AND TO PROVIDE RESPIRATORY THERAPY, A RESIDEN-
 TIAL HEALTH CARE FACILITY SHALL FILE AN APPLICATION ON FORMS  PRESCRIBED
 BY OR ACCEPTABLE TO THE COMMISSIONER.
   (A)  THE  COMMISSIONER  SHALL  ACT  UPON SUCH APPLICATIONS IN A MANNER
 CONSISTENT WITH SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE. IN THE
 PUBLIC HEALTH AND HEALTH PLANNING COUNCIL'S EVALUATION  OF  APPLICATIONS
 AND  THE  COMMISSIONER  ACTING UPON SUCH APPLICATIONS, PRIORITY SHALL BE
 GIVEN TO APPLICANTS WHO CAN DEMONSTRATE  A  HISTORY  OF  PROVIDING  SUCH
 RESPIRATORY THERAPY OVER THE PAST TEN YEARS.
   (B)  IN ORDER TO BE APPROVED TO OPERATE A RESPIRATORY THERAPY UNIT AND
 TO PROVIDE RESPIRATORY THERAPY, AN APPLICANT MUST COMPLY WITH  AND  MEET
 ALL  APPLICABLE  REQUIREMENTS  OF  AND CONDITIONS OF PARTICIPATION UNDER
 TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT (MEDICARE).
   (C) THE  COMMISSIONER  SHALL  ESTABLISH  THE  OPERATING  COMPONENT  OF
 REIMBURSEMENT RATES APPROPRIATE FOR PATIENTS REQUIRING RESPIRATORY THER-
 APY IN A RESPIRATORY THERAPY UNIT, WHICH SHALL INCLUDE:
   (I) FUNDING FOR MINIMUM STAFFING APPROPRIATE TO MEET THE STANDARDS AND
 NEEDS  OF  EACH  LEVEL  OF  NURSING  CARE, INCLUDING BUT NOT LIMITED TO,
 SUCTIONING, TRANSFERRING FROM BED DAILY, WHIRLPOOL BATHING AND TRANSPORT
 TO THERAPY GYM;
   (II) MINIMUM STAFFING FOR THERAPEUTIC INTERVENTIONS, INCLUDING  THERA-
 PEUTIC  RECREATION,  PHYSICAL,  OCCUPATIONAL  AND  SPEECH THERAPIES, AND
 ADEQUATE STAFF TO TRANSPORT RESIDENTS; AND
   (III) APPROPRIATE EQUIPMENT AND SUPPLIES NECESSARY TO PROVIDE  RESPIR-
 ATORY  CARE  AND  EDUCATION,  INCLUDING PORTABLE MECHANICAL VENTILATORS,
 OXYGEN, IN-WALL AND PORTABLE, APPROPRIATE SPEAKING VALVES, AND APPROPRI-
 ATE HIGH PROTEIN AND HIGH CALORIC NUTRITION.
   4. THE COMMISSIONER SHALL REPORT TO THE GOVERNOR AND  THE  LEGISLATURE
 CONCERNING  THE  IMPLEMENTATION  OF  THIS  SECTION  AND THE OPERATION OF
 RESPIRATORY THERAPY UNITS WITHIN THREE YEARS AFTER THE EFFECTIVE DATE OF
 THIS SECTION. SUCH REPORT SHALL INCLUDE A RECOMMENDATION  REGARDING  THE
 EXPANSION  OF  THE DEMONSTRATION PROGRAM AND OTHER METRICS TO DEFINE THE
 NEED FOR AND COST OF SERVICES FOR THE POPULATION OF INDIVIDUALS  REQUIR-
 ING RESPIRATORY THERAPY, AS DETERMINED BY THE COMMISSIONER.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.