A 1493: Provides for state aid for home health care and hospice services to meet community need.

  
  STATE OF NEW YORK ________________________________________________________________________ 1493 2025-2026 Regular Sessions  IN ASSEMBLY January 10, 2025 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to state aid for home health care to meet community need The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature finds and declares 2 this necessity to act to further support the state's home health care 3 policy and goals as set forth in public health law section thirty-six 4 hundred, current public health law sections thirty-six hundred seven and 5 thirty-six hundred fifteen providing a mechanism for annual state aid to 6 certified home health agencies and supplemental to the rate structure, 7 to meet state and regional home health community services need. 8 The legislature finds that the changes in the state's aging demograph- 9 ics, the rising public and medical care system demand for in-home care, 10 the increasingly complex medical conditions dependent upon such care, 11 and the associated delivery costs of such services, necessitates the 12 updating and commensurate funding of the section thirty-six hundred 13 fifteen state aid mechanism to ensure its intended purpose. Accordingly, 14 the legislature seeks the amendments provided for in this act to address 15 home health community need, with targeted assistance to underserved 16 areas and populations, home health nursing and related staffing, and 17 requisite technology-supports for service capability, access, and effi- 18 ciency. 19 § 2. Section 3615 of the public health law, as amended by chapter 884 20 of the laws of 1990, subdivision 10 as amended by section 30 of part A 21 of chapter 58 of the laws of 2010, is amended to read as follows: 22 § 3615. State aid to certified home health agencies. 1. State aid 23 shall be provided to certified home health agencies to assist in devel- 24 oping and ensuring their capacity to meet community need. Funds for such 25 aid shall be made available each year in [an amount equal to twenty-five EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01893-02-5 
 A. 1493 2 1 cents per capita of the population within each health systems agency 2 region, as established pursuant to article twenty-nine of this chapter, 3 or two hundred thousand dollars, whichever is greater. Two million five 4 hundred thousand dollars shall be for the state's share of payments 5 provided pursuant to subdivision five of section thirty-six hundred 6 fourteen of this article. The remaining amount shall be for purposes of 7 providing grants pursuant to this section and sections thirty-six 8 hundred seven and thirty-six hundred nine of this article] the amount of 9 seventy million dollars (state and federal shares) or in amounts as are 10 appropriated and made available therefor, and distributed to agencies in 11 the form of increased medical assistance rates and/or direct payments 12 grants to such agencies, as best maximizes an agency's ability to 13 receive and utilize funds for the purposes under this section, and as 14 maximizes, where applicable, federal medical assistance participation. 15 2. [For the purpose funding grants pursuant to sections thirty-six 16 hundred seven and thirty-six hundred nine of this article and grants 17 pursuant to this section, the commissioner shall allocate the proportion 18 of funds among the health systems agency regions using the last preced- 19 ing federal census or other census data approved by the comptroller] The 20 commissioner shall annually allocate funds for the purposes of support- 21 ing and/or expanding access to certified home health care agency 22 services, including but not limited to: 23 a. as provided for in paragraphs a, b, c, d, e, and f of subdivision 24 one of section thirty-six hundred seven of this article; 25 b. for services for high-cost or high-need populations, populations in 26 remote or underserved regions, diverse and underserved populations, or 27 populations with special care needs; 28 c. for development of recruitment, specialized training, and retention 29 initiatives for home health nurses, therapists, social workers and aide 30 personnel, including but not limited to clinical preceptorship support, 31 tuition assistance, transportation assistance, childcare support, 32 employee assistance programs such as peer mentoring programs, mental 33 health counseling, and worker safety; and 34 d. the acquisition and implementation of technology to support the 35 delivery and/or efficiency of services. 36 3. Such annual funds allocated [to each health systems agency region] 37 shall be made available [for grants] pursuant to subdivision one of this 38 section to applicants within each [such] region [which are determined 39 eligible and approved by the commissioner] of the state pursuant to the 40 provisions of this section [and sections thirty-six hundred seven and 41 thirty-six hundred nine of this article]. 42 4. In order to be considered eligible for receipt of [a grant] funds 43 pursuant to this section, a certified home health agency shall submit an 44 application to the department. Such application shall demonstrate, to 45 the satisfaction of the commissioner, that the agency: 46 (a) received a certificate of approval pursuant to the provisions of 47 section thirty-six hundred eight of this article at least two years 48 prior to the date of the application and that such certificate has not 49 been revoked or annulled subsequent to its receipt and is not limited as 50 of the time of application; 51 (b) shall utilize [grant] such funds [to provide home care services to 52 persons whose residence is in an area which, due to location, is more 53 costly to serve, or persons whose conditions require a more intensive 54 level of home care than typically provided in a visit] to sustain or 55 increase home health care services for the purposes specified in subdi- 56 vision two of this section; 
 A. 1493 3 1 (c) [shall undertake reasonable efforts to maintain financial support 2 from public and community contributed funding sources; 3 (d)] shall [make every reasonable effort to collect payments for 4 services from third party insurance payers, governmental payers and 5 self-paying patients] demonstrate a service commitment to the under- 6 served or hard to serve areas for which funds would be applied; and 7 [(e)] (d) shall have professional assistance available on a seven day 8 per week, twenty-four hour per day basis[; 9 (f) shall establish a reasonable relationship between costs and charg- 10 es, or establish charges at approximate cost; and 11 (g) has no other available financial resources to serve the popu- 12 lations as identified in paragraph (b) of this subdivision]. 13 5. [For the purpose of this section and sections thirty-six hundred 14 seven and thirty-six hundred nine of this article, a grant applicant 15 shall submit a copy of its application to the health systems agency in 16 whose region the applicant is located. 17 6.] For the purpose of this section [and sections thirty-six hundred 18 seven and thirty-six hundred nine of this article, each health systems 19 agency shall convene an advisory group with representatives from, but 20 not limited to, local departments of health, including those organized 21 and unorganized as county and part-county health districts, social 22 services districts, offices for the aging, certified home health agen- 23 cies, and consumers of home health agency services. Such advisory group, 24 after considering recommendations from persons involved in or knowledge- 25 able about home care services delivered in that region, shall, consist- 26 ent with state and regional health plans, identify priority regional and 27 local needs for the purposes identified in this section and sections 28 thirty-six hundred seven and thirty-six hundred nine of this article. 29 The health systems agency shall provide to the commissioner the recom- 30 mendations of the advisory group regarding which grant applications meet 31 regional and local needs, as well as the advisory group's prioritization 32 of applications. 33 7. For the purposes of this section and sections thirty-six hundred 34 seven and thirty-six hundred nine of this article,] the commissioner 35 shall approve applications for [grants] funds which meet the require- 36 ments of this section pursuant to which the application is submitted and 37 rules and regulations, or guidelines of the department, adopted pursuant 38 thereto. [In approving such applications, the commissioner shall take 39 into prime consideration the recommendations of the advisory group 40 convened by the health systems agency in whose region the applicants are 41 located and also take into consideration other applications submitted by 42 the same applicant for grants submitted pursuant to such sections. The 43 commissioner shall notify each advisory group and each applicant in 44 writing of his approval or disapproval and, if disapproval, shall state 45 the reasons for disapproval. 46 8. Grants] 6. Funds approved for the purposes of this section [may] 47 shall be made available for distribution each year [for up to a two-year 48 period or until the costs for such services provided by virtue of 49 receipt of the grant are included in rates of payment, whichever is 50 sooner]. Certified home health agencies which receive [grants] funds 51 pursuant to this section may reapply for [grants] funds and may be 52 approved if the applicant satisfies the requirements of subdivision four 53 of this section and rules and regulations, or guidelines of the depart- 54 ment, adopted pursuant to this section. 55 [9.] 7. In the event that a public certified home health agency is 56 approved for [a grant] funds, pursuant to this section, funds [provided 
 A. 1493 4 1 under the grant] shall not reduce the amount of aid otherwise reimbursa- 2 ble to such agency pursuant to article six of this chapter. 3 [10.] 8. The commissioner is authorized to promulgate such rules and 4 regulations, or guidelines of the department, as are necessary to carry 5 out the provisions of this section. Such rules and regulations, or 6 guidelines of the department, may include, but not be limited to, mini- 7 mum and maximum [grant] funding levels provided to individual agencies 8 under this section. 9 [11.] 9. Recipients of [grants] funds shall submit to the commissioner 10 reports on the use of [grants] funds provided under this section at such 11 times and in such format as the commissioner may prescribe. 12 § 3. This act shall take effect on the first of April next succeeding 13 the date on which it shall have become a law; provided however, that the 14 amendments to section 3615 of the public health law made by section two 15 of this act shall not affect the expiration of such section and shall 16 expire therewith. Effective immediately, the addition, amendment and/or 17 repeal of any rule or regulation necessary for the implementation of 18 this act on its effective date are authorized to be made and completed 19 on or before such effective date.