S 5767: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 5767 2025-2026 Regular Sessions  IN SENATE 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: 1 Section 1. The public health law is amended by adding a new section 2 2832 to read as follows: 3 § 2832. Residential health care facilities; respiratory therapy demon- 4 stration program. 1. Notwithstanding any other provision of law to the 5 contrary, the commissioner is authorized to approve up to ten residen- 6 tial health care facilities within the state to operate respiratory 7 therapy units by and within such residential health care facilities. For 8 purposes of this section, "respiratory therapy" shall mean the assess- 9 ment, treatment, monitoring and therapeutic interventions and restora- 10 tions of patients with deficiencies or abnormalities of cardiopulmonary 11 function and training with education to return to the community. 12 2. Respiratory therapy services shall include: 13 (a) Application of techniques for support of high-flow and low-flow 14 oxygenation, mechanical ventilation, therapeutic pulmonary and cardiac 15 rehabilitation and interdisciplinary interventions to assist in the 16 restoration of the patient's overall wellness to support and promote 17 healthy breathing, in the short and long-term; 18 (b) Pulmonary rehabilitation techniques and therapeutic interventions 19 for those suffering from chronic obstructive pulmonary disease (COPD), 20 and/or recovering from lung surgery, asthma attacks, bronchitis, and 21 pneumonia to improve their breathing for a better quality of life during 22 a skilled nursing facility stay; 23 (c) Self-management education and interventions for people with chron- 24 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 1 surgery, asthma attacks, bronchitis, and pneumonia to assist patients 2 return to community and to thrive at home and reduce the need for future 3 hospitalizations; and 4 (d) Pulmonary rehabilitation techniques and overall wellness education 5 and training to develop strength and endurance of supporting respiratory 6 muscles and other techniques to increase respiratory function, which 7 will improve the success of ventilator-weaning, reduce mortality rates, 8 and hasten the return of eligible candidates to better positive 9 outcomes. 10 3. In order to receive approval from the commissioner to operate a 11 respiratory therapy unit and to provide respiratory therapy, a residen- 12 tial health care facility shall file an application on forms prescribed 13 by or acceptable to the commissioner. 14 (a) The commissioner shall act upon such applications in a manner 15 consistent with section twenty-eight hundred two of this article. In the 16 public health and health planning council's evaluation of applications 17 and the commissioner acting upon such applications, priority shall be 18 given to applicants who can demonstrate a history of providing such 19 respiratory therapy over the past ten years. 20 (b) In order to be approved to operate a respiratory therapy unit and 21 to provide respiratory therapy, an applicant must comply with and meet 22 all applicable requirements of and conditions of participation under 23 title XVIII of the federal Social Security Act (Medicare). 24 (c) The commissioner shall establish the operating component of 25 reimbursement rates appropriate for patients requiring respiratory ther- 26 apy in a respiratory therapy unit, which shall include: 27 (i) Funding for minimum staffing appropriate to meet the standards and 28 needs of each level of nursing care, including but not limited to, 29 suctioning, transferring from bed daily, whirlpool bathing and transport 30 to therapy gym; 31 (ii) Minimum staffing for therapeutic interventions, including thera- 32 peutic recreation, physical, occupational and speech therapies, and 33 adequate staff to transport residents; and 34 (iii) Appropriate equipment and supplies necessary to provide respir- 35 atory care and education, including portable mechanical ventilators, 36 oxygen, in-wall and portable, appropriate speaking valves, and appropri- 37 ate high protein and high caloric nutrition. 38 4. The commissioner shall report to the governor and the legislature 39 concerning the implementation of this section and the operation of 40 respiratory therapy units within three years after the effective date of 41 this section. Such report shall include a recommendation regarding the 42 expansion of the demonstration program and other metrics to define the 43 need for and cost of services for the population of individuals requir- 44 ing respiratory therapy, as determined by the commissioner. 45 § 2. This act shall take effect immediately.