A10707 Summary:
BILL NO | A10707 |
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SAME AS | SAME AS S08110 |
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SPONSOR | Glick |
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COSPNSR | Rodriguez, Weinstein |
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MLTSPNSR | |
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Amd §§6908, 6909 & 6906, Ed L; amd §§206, 3602, 3613, 2899 & 2899-a, Pub Health L | |
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Relates to authorizing certain advanced home health aides to perform certain advanced tasks. |
A10707 Actions:
BILL NO | A10707 | |||||||||||||||||||||||||||||||||||||||||||||||||
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06/13/2016 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2016 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | rules report cal.478 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | ordered to third reading rules cal.478 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | SUBSTITUTED FOR S8110 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | 3RD READING CAL.1923 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2016 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
11/16/2016 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
11/28/2016 | signed chap.471 |
A10707 Committee Votes:
Lentol | Aye | Graf | Aye | ||||||
Schimminger | Aye | Giglio | Aye | ||||||
Weinstein | Aye | McKevitt | Aye | ||||||
Hevesi | Aye | Montesano | Aye | ||||||
Wright | Aye | Ra | Aye | ||||||
Pretlow | Aye | Tenney | Aye | ||||||
Cook | Aye | ||||||||
Cymbrowitz | Aye | ||||||||
Titus | Aye | ||||||||
O'Donnell | Aye | ||||||||
Lavine | Aye | ||||||||
Perry | Aye | ||||||||
Zebrowski | Aye | ||||||||
Abinanti | Aye | ||||||||
Weprin | Aye | ||||||||
Mosley | Aye | ||||||||
Heastie | Aye | Kolb | Aye | ||||||
Gottfried | Aye | Tedisco | Aye | ||||||
Lentol | Aye | Oaks | Aye | ||||||
Farrell | Aye | Butler | Aye | ||||||
Gantt | Aye | Crouch | Aye | ||||||
Nolan | Aye | Finch | Excused | ||||||
Weinstein | Aye | Barclay | Aye | ||||||
Hooper | Aye | Raia | Aye | ||||||
Ortiz | Aye | Duprey | Aye | ||||||
Pretlow | Aye | ||||||||
Cook | Aye | ||||||||
Glick | Aye | ||||||||
Morelle | Aye | ||||||||
Aubry | Aye | ||||||||
Englebright | Aye | ||||||||
Wright | Excused | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Markey | Aye | ||||||||
Go to top
A10707 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Gottfried
Yes
Lopez
Yes
Palumbo
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Graf
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Arroyo
Yes
Curran
Yes
Gunther
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Harris
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barrett
Yes
Davila
Yes
Hevesi
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonald
Yes
Raia
Yes
Tedisco
Yes
Blake
ER
DiPietro
Yes
Hyndman
Yes
McDonough
Yes
Ramos
Yes
Tenney
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
McKevitt
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
McLaughlin
Yes
Rivera
Yes
Titone
Yes
Braunstein
Yes
Fahy
Yes
Johns
Yes
Miller
Yes
Robinson
Yes
Titus
ER
Brennan
Yes
Farrell
Yes
Joyner
Yes
Montesano
Yes
Rodriguez
Yes
Walker
Yes
Brindisi
ER
Finch
ER
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Bronson
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Buchwald
Yes
Friend
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Butler
Yes
Galef
ER
Kim
Yes
Murray
Yes
Ryan
Yes
Williams
Yes
Cahill
ER
Gantt
Yes
Kolb
Yes
Nojay
Yes
Saladino
Yes
Woerner
Yes
Cancel
Yes
Garbarino
Yes
Lalor
Yes
Nolan
Yes
Santabarbara
Yes
Wozniak
Yes
Castorina
Yes
Giglio
Yes
Lavine
Yes
Oaks
Yes
Schimel
ER
Wright
Yes
Ceretto
Yes
Gjonaj
Yes
Lawrence
Yes
O'Donnell
Yes
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Lentol
Yes
Ortiz
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
Yes
Lifton
Yes
Otis
Yes
Sepulveda
Yes
Corwin
Yes
Goodell
Yes
Linares
Yes
Palmesano
Yes
Simanowitz
‡ Indicates voting via videoconference
A10707 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A10707 SPONSOR: Rules (Glick)
  TITLE OF BILL: An act to amend the education law and the public health law, in relation to authorizing certain advanced home health aides to perform certain advanced tasks; and providing for the repeal of such provisions upon expiration thereof   PURPOSE OF BILL: This bill would amend the Nurse Practice Act to authorize advanced home health aides to perform advanced tasks with appropriate training and supervision.   SUMMARY OF PROVISIONS: Section 1 of the bill would add a new Educ. L. § 6908(2) to exempt from the Nurse Practice Act (NPA), advanced tasks to be performed by advanced home health aides in conformance with regulations issued by the State Education Department ("SED") in consultation with the Department of Health ("DOW). Such regulations would specify the types of advanced tasks that could be performed by advanced home health aides, which would include administering routine or prefilled medications, and would set forth the qualifications, training and competency requirements for advanced home health aides. The regulations also would state that advanced tasks may be performed only in accordance with and pursuant to an authorized health practition- er's ordered care and only under the direct supervision of a licensed registered professional nurse employed by a home care services agency, a hospice program or an enhanced assisted living residence. In developing such regulations, SED would be required to take into account the recom- mendations of a workgroup of stakeholders convened by DOH for the purpose of providing guidance on these issues. Section 2 of the bill would add a new Educ. L. § 6908(8) to specify provisions for registered professional nurses who assign tasks to and supervise advanced home health aides, consistent with the new Educ. L. § 6908(2). Section 3 of the bill would add a new Educ. L. § 6906(9) to require licensed practical nurses to indicate, upon registration or re-registra- tion with SED, if they have previously been authorized as an advanced home health aide. SED would provide such information to DOH for purposes of including it in the report required under § 10 of the bill. Section 4 of the bill would add a new Public Health Law (PHL) § 206(30) to require DOH to refer to SED any instance in which a registered professional nurse engages in improper behavior while supervising an advanced home health aide. Section 5 of the bill would add a new PHL § 3602(17) to define advanced home health aides as home health aides who are authorized to perform advanced tasks as set forth in Educ. L. § 6908(1)(a)(v) and regulations issued thereto. In addition, DOH would be required to issue regulations regarding advanced home health aides related to the advanced home health aide's authorization to perform advanced tasks in appropriate cases. Section 6 of the bill would amend PHL § 3613(1)(a) to include hospice programs and enhanced assisted living residences in the definition of "home care services entity" for purposes of the Home Care Services Work- er Registry. Section 7 of the bill would renumber existing PHL§ 3613(9) as subdivi- sion 10 and add a new subdivision 9 to provide that DOH will indicate within the Home Care Services Worker Registry when a home health aide is qualified to serve as an advanced home health aide because he or she has satisfied all applicable training and competency requirements. Sections 8 and 9 of the bill would amend PHL §§ 2899(6) and 2899-a(9) to provide for criminal history information checks for hospice workers serving individuals at home for purposes of the Home Care Services Work- er Registry. Section 10 of the bill would require DOH, in consultation with SED, to report by September 1, 2016 on the recommendations of the workgroup convened for the purpose of - providing input on the tasks that could be performed by advanced home health aides and the qualifications and supervision of such aides. Section 11 of the bill would require DOH, in consultation with SED, to issue a report by October 1, 2022, describing the implementation of the advanced home health aide initiative and setting forth any recommenda- tions in connection therewith. The report would include information such as the number of advanced home health aides, the types of tasks they perform, the number of home health and personal care aides who became advanced home health aides, and the number of advanced home health aides who became licensed practical nurses. Section 12 of the bill provides that the bill would take effect 18 months after enactment and expire on March 31, 2023.   EXISTING LAW: The Nurse Practice Act, set forth in Educ. L. Art. 139, generally limits the provision of nursing care to licensed nurses, with certain exemptions identified in Educ. L. § 6908. For example, Education Law § 6908(1)(a) permits persons who are not licensed as nurses to provide care to friends and family members with disabilities or illness, or to pay another individual to provide such services. PHL § 3602 defines terms relevant to home care. In particular, PHL § 3602(4) defines "home health aide services" as meaning "simple health care tasks, personal hygiene services, housekeeping tasks essential to the patient's health and other related supportive services." PHL § 3602(5) defines "personal care services" as meaning "services to assist with personal hygiene, dressing, feeding and household tasks essential to the patient's health." PHL § 3613 requires DOH to establish the Home Care Services Worker Registry, identifying home care services workers - meaning individuals that provide home health aide services as defined in PHL § 3602(4) or personal care services as defined in PHL § 3062(5) - who have success- fully completed a state-approved education or training program for home care services workers.   STATEMENT IN SUPPORT: In 2011, the Workforce Flexibility and Change of Scope of Practice Work Group convened by the Medicaid Redesign Team ("MRT") recommended, among other things: (1) authorizing home health aides to assist with the administration of routine, pre-poured medications; and (2) creating a certification for advanced home care aides who could carry out an expanded range of tasks to be developed through a stakeholder process established by DOH. These proposals were intended to increase access and quality of care, and to help reduce disparities for consumers of home and community based services in the Medicaid program. This bill would authorize advanced home health aides to perform advanced tasks under the supervision of a registered professional nurse employed by a home care services agency, a hospice program or an enhanced assisted living residence. To serve as an advanced home health aide, a certified home health aide with at least one year of experience provid- ing either home health or personal care services, or a combination ther- eof, would be required to meet appropriate training and competency stan- dards, as detailed in regulations issued by SED in consultation with DOH and taking into consideration the guidance of a workgroup of stakehold- ers convened by DOH. The tasks which could be performed by advanced home health aides also would be identified in regulation, again taking into consideration the workgroup's recommendations. This bill would enable more people to live in home and community based settings, and further supports the State's efforts to ensure that care is provided in the most integrated settings as required by Olmstead v. L.C., 527 U.S. 581 (1999) and as emphasized in Exec. Order No. 84.   BUDGET IMPLICATIONS: None.   EFFECTIVE DATE: This bill would take effect 18 months after enactment, except that §§ 8 and 9 related to criminal history information checks for hospice programs would take effect April 1, 2018 and apply only to prospective employees. SED would be authorized to issue regulations and take other necessary steps within the 18 month period; however, no advanced tasks could be provided by advanced home health aides until such regulations are adopted. The new provisions would expire and be repealed March 31, 2023 unless extended.
A10707 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 10707 IN ASSEMBLY June 13, 2016 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Glick) -- (at request of the Governor) -- read once and referred to the Commit- tee on Codes AN ACT to amend the education law and the public health law, in relation to authorizing certain advanced home health aides to perform certain advanced tasks; 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: 1 Section 1. Section 6908 of the education law is amended by adding a 2 new subdivision 2 to read as follows: 3 2. This article shall not be construed as prohibiting advanced tasks 4 provided by an advanced home health aide in accordance with regulations 5 developed by the commissioner, in consultation with the commissioner of 6 health. At a minimum, such regulations shall: 7 a. specify the advanced tasks that may be performed by advanced home 8 health aides pursuant to this subdivision. Such tasks shall include the 9 administration of medications which are routine and prefilled or other- 10 wise packaged in a manner that promotes relative ease of administration, 11 provided that administration of medications by injection, sterile proce- 12 dures, and central line maintenance shall be prohibited. Provided, 13 however, such prohibition shall not apply to injections of insulin or 14 other injections for diabetes care, to injections of low molecular 15 weight heparin, and to pre-filled auto-injections of naloxone and 16 epinephrine for emergency purposes, and provided, further, that entities 17 employing advanced home health aides pursuant to this subdivision shall 18 establish a systematic approach to address drug diversion; 19 b. provide that advanced tasks performed by advanced home health aides 20 may be performed only under the direct supervision of a registered 21 professional nurse licensed in New York state, as set forth in this 22 subdivision and subdivision eight of section sixty-nine hundred nine of 23 this article, where such nurse is employed by a home care services agen- 24 cy licensed or certified pursuant to article thirty-six of the public 25 health law, a hospice program certified pursuant to article forty of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12075-01-6A. 10707 2 1 public health law, or an enhanced assisted living residence licensed 2 pursuant to article seven of the social services law and certified 3 pursuant to article forty-six-B of the public health law. Such nursing 4 supervision shall: 5 (i) include training and periodic assessment of the performance of 6 advanced tasks; 7 (ii) be determined by the registered professional nurse responsible 8 for supervising such advanced tasks based upon the complexity of such 9 advanced tasks, the skill and experience of the advanced home health 10 aide, and the health status of the individual for whom such advanced 11 tasks are being performed; 12 (iii) include a comprehensive initial and thereafter regular and ongo- 13 ing assessment of the individual's needs; 14 (iv) include as a requirement that the supervising registered profes- 15 sional nurse shall visit individuals receiving services for the purpose 16 of supervising the services provided by advanced home health aides no 17 less than once every two weeks and include as a requirement that a 18 registered professional nurse shall be available by telephone to the 19 advanced home health aide twenty-four hours a day, seven days a week, 20 provided that a registered professional nurse shall be available to 21 visit an individual receiving services as necessary to protect the 22 health and safety of such individual; and 23 (v) as shall be specified by the commissioner, be provided in a manner 24 that takes into account individual care needs, case mix complexity and 25 geographic considerations and provide that the number of individuals 26 served by a supervising registered professional nurse is reasonable and 27 prudent. 28 c. establish a process by which a registered professional nurse may 29 assign advanced tasks to an advanced home health aide. Such process 30 shall include, but not be limited to: 31 (i) allowing assignment of advanced tasks to an advanced home health 32 aide only where such advanced home health aide has demonstrated to the 33 satisfaction of the supervising registered professional nurse competency 34 in every advanced task that such advanced home health aide is authorized 35 to perform, a willingness to perform such advanced tasks, and the abili- 36 ty to effectively and efficiently communicate with the individual 37 receiving services and understand such individual's needs; 38 (ii) prohibiting assignment of advanced tasks to an advanced home 39 health aide if the individual receiving services declines to be served 40 by an advanced home health aide; 41 (iii) authorizing the supervising registered professional nurse to 42 revoke any assigned advanced task from an advanced home health aide for 43 any reason; and 44 (iv) authorizing multiple registered professional nurses to jointly 45 agree to assign advanced tasks to an advanced home health aide, provided 46 further that only one registered professional nurse shall be required to 47 determine if the advanced home health aide has demonstrated competency 48 in the advanced task to be performed; 49 d. provide that advanced tasks may be performed only in accordance 50 with and pursuant to an authorized health practitioner's ordered care; 51 e. provide that only a certified home health aide may perform advanced 52 tasks as an advanced home health aide when such aide has: 53 (i) at least one year of experience providing either home health or 54 personal care services, or a combination of the same;A. 10707 3 1 (ii) completed the requisite training and demonstrated competencies of 2 an advanced home health aide as determined by the commissioner in 3 consultation with the commissioner of health; 4 (iii) successfully completed competency examinations satisfactory to 5 the commissioner in consultation with the commissioner of health; and 6 (iv) meets other appropriate qualifications as determined by the 7 commissioner in consultation with the commissioner of health; 8 f. provide that only an individual who is listed in the home care 9 services registry maintained by the department of health pursuant to 10 section thirty-six hundred thirteen of the public health law as having 11 satisfied all applicable training requirements and having passed the 12 applicable competency examinations and who meets other requirements as 13 set forth in regulations issued by the commissioner of health pursuant 14 to subdivision seventeen of section thirty-six hundred two of the public 15 health law may perform advanced tasks pursuant to this subdivision and 16 may hold himself or herself out as an advanced home health aide; 17 g. establish minimum standards of training for the performance of 18 advanced tasks by advanced home health aides, including didactic train- 19 ing, clinical training, and a supervised clinical practicum with stand- 20 ards set forth by the commissioner of health; 21 h. provide that advanced home health aides shall receive case-specific 22 training on the advanced tasks to be assigned by the supervising nurse, 23 provided that additional training shall take place whenever additional 24 advanced tasks are assigned; 25 i. prohibit an advanced home health aide from holding himself or 26 herself out, or accepting employment as, a person licensed to practice 27 nursing under the provisions of this article; 28 j. provide that an advanced home health aide is not required nor 29 permitted to assess the medication or medical needs of an individual; 30 k. provide that an advanced home health aide shall not be authorized 31 to perform any advanced tasks or activities pursuant to this subdivision 32 that are outside the scope of practice of a licensed practical nurse or 33 any advanced tasks that have not been appropriately assigned by the 34 supervising registered professional nurse; 35 l. provide that an advanced home health aide shall document all 36 advanced tasks provided to an individual, including medication adminis- 37 tration to each individual through the use of a medication adminis- 38 tration record; and 39 m. provide that the supervising registered professional nurse shall 40 retain the discretion to decide whether to assign advanced tasks to 41 advanced home health aides under this program and shall not be subject 42 to coercion, retaliation, or the threat of retaliation; in developing 43 such regulations, the commissioner shall take into account the recommen- 44 dations of a workgroup of stakeholders convened by the commissioner of 45 health in consultation with the commissioner for the purpose of provid- 46 ing guidance on the foregoing. 47 § 2. Section 6909 of the education law is amended by adding a new 48 subdivision 8 to read as follows: 49 8. A registered professional nurse, while working for a home care 50 services agency licensed or certified pursuant to article thirty-six of 51 the public health law, a hospice program certified pursuant to article 52 forty of the public health law, or an enhanced assisted living residence 53 licensed pursuant to article seven of the social services law and certi- 54 fied pursuant to article forty-six-B of the public health law may, in 55 accordance with this subdivision, assign advanced home health aides to 56 perform advanced tasks for individuals pursuant to the provisions ofA. 10707 4 1 subdivision two of section sixty-nine hundred eight of this article and 2 supervise advanced home health aides who perform assigned advanced 3 tasks. 4 (a) Prior to assigning or modifying an assignment to perform an 5 advanced task, the registered professional nurse shall: 6 (i) complete a nursing assessment to ascertain the client's current 7 health status and care needs; and 8 (ii) provide to the advanced home health aide written, individual-spe- 9 cific instructions for performing the advanced task and criteria for 10 identifying, reporting and responding to problems or complications. 11 (b) The registered professional nurse shall not assign an advanced 12 task unless: 13 (i) the advanced task to be assigned is consistent with an authorized 14 health practitioner's ordered care; 15 (ii) the registered professional nurse provides case specific training 16 to the advanced home health aide and personally verifies that the 17 advanced home health aide can safely and competently perform the 18 advanced task; 19 (iii) the registered professional nurse determines that the advanced 20 home health aide is willing to perform such advanced task; and 21 (iv) the registered professional nurse determines that the advanced 22 home health aide is able to effectively and efficiently communicate with 23 the individual receiving services and understand such individual's 24 needs. 25 (c) The supervising registered professional nurse shall: 26 (i) visit individuals receiving services for the purpose of supervis- 27 ing the services provided by advanced home health aides no less than 28 once every two weeks; and 29 (ii) conduct regular and ongoing assessment of the individual's needs. 30 § 3. Section 6906 of the education law is amended by adding a new 31 subdivision 9 to read as follows: 32 (9) In conjunction with and as a condition of each triennial registra- 33 tion, the department shall ask and a licensed practical nurse shall 34 indicate whether the licensed practical nurse is or has previously been 35 authorized as an advanced home health aide pursuant to subdivision two 36 of section sixty-nine hundred eight of this article. The department 37 shall provide responses to the department of health and the department 38 of health shall include such information in reports related to advanced 39 home health aides. 40 § 4. Section 206 of the public health law is amended by adding a new 41 subdivision 30 to read as follows: 42 30. The commissioner shall notify the commissioner of education in any 43 instance in which a registered professional nurse engages in improper 44 behavior while supervising an advanced home health aide pursuant to 45 subdivision two of section sixty-nine hundred eight of the education 46 law. 47 § 5. Section 3602 of the public health law is amended by adding a new 48 subdivision 17 to read as follows: 49 17. "Advanced home health aides" means home health aides who are 50 authorized to perform advanced tasks as delineated in subdivision two of 51 section sixty-nine hundred eight of the education law and regulations 52 issued by the commissioner of education relating thereto. The commis- 53 sioner shall promulgate regulations regarding such aides, which shall 54 include a process for the limitation or revocation of the advanced home 55 health aide's authorization to perform advanced tasks in appropriate 56 cases.A. 10707 5 1 § 6. Paragraph (a) of subdivision 1 of section 3613 of the public 2 health law, as added by chapter 594 of the laws of 2008, is amended to 3 read as follows: 4 (a) "Home care services entity" means a home care services agency or 5 other entity providing home care services subject to this article or 6 exempt under section thirty-six hundred nineteen of this article, a 7 hospice program certified pursuant to article forty of this chapter 8 providing routine care at home under the hospice benefit, or an enhanced 9 assisted living residence licensed under article seven of the social 10 services law and certified under article forty-six-B of this chapter 11 providing enhanced assisted living services. 12 § 7. Subdivision 9 of section 3613 of the public health law is renum- 13 bered subdivision 10 and a new subdivision 9 is added to read as 14 follows: 15 9. The department shall indicate within the home care services worker 16 registry when a home health aide has satisfied all applicable training 17 and recertification requirements and has passed the applicable competen- 18 cy examinations necessary to perform advanced tasks pursuant to subdivi- 19 sion two of section sixty-nine hundred eight of the education law and 20 regulations issued thereto. Any limitation or revocation of the advanced 21 home health aide's authorization also shall be indicated on the regis- 22 try. 23 § 8. Subdivision 6 of section 2899 of the public health law, as 24 amended by chapter 94 of the laws of 2014, is amended to read as 25 follows: 26 6. "Provider" shall mean any residential health care facility licensed 27 under article twenty-eight of this chapter; or any certified home health 28 agency, licensed home care services agency or long term home health care 29 program certified under article thirty-six of this chapter; any hospice 30 program certified pursuant to article forty of this chapter; or any 31 adult home, enriched housing program or residence for adults licensed 32 under article seven of the social services law. 33 § 9. Paragraph (a) of subdivision 9 of section 2899-a of the public 34 health law, as amended by section 23 of part A of chapter 60 of the laws 35 of 2014, is amended to read as follows: 36 (a) In the event that funds are appropriated in any given fiscal year 37 for the reimbursement for the costs of providing such criminal history 38 information, reimbursement shall be made available in an equitable and 39 direct manner for the projected cost of the fee established pursuant to 40 law by the division of criminal justice services for processing a crimi- 41 nal history information check, the fee imposed by the federal bureau of 42 investigation for a national criminal history check, and costs associ- 43 ated with obtaining the fingerprints to all providers licensed, but not 44 certified under article thirty-six of this chapter, providers certified 45 under article forty of this chapter, and all adult care facilities 46 licensed under article seven of the social services law, including those 47 that are subject to this article and are unable to access direct 48 reimbursement from state and/or federal funded health programs. 49 § 10. On or before September 1, 2016, the commissioner of health 50 shall, in consultation with the commissioner of education, issue a 51 report to the governor and the chairs of the senate and assembly health 52 and higher education committees setting forth the recommendations of the 53 workgroup convened by the commissioner of health for the purpose of 54 providing guidance on the performance of advanced tasks which may be 55 performed by advanced home health aides.A. 10707 6 1 § 11. On or before October 1, 2022, the commissioner of health shall, 2 in consultation with the commissioner of education, issue a report on 3 the implementation of advanced home health aides in the state. Such 4 report shall include the number of advanced home health aides authorized 5 pursuant to this act; the number of home health aides and personal care 6 aides that became authorized to perform advanced tasks; the number of 7 advanced home health aides that became registered as licensed practical 8 nurses; the types of advanced tasks that advanced home health aides are 9 performing; the number of complaints pertaining to services provided by 10 advanced home health aides that were reported to the department of 11 health; and the number of advanced home health aides who had their 12 authorization limited or revoked. Such report shall provide recommenda- 13 tions to the governor and the chairs of the senate and assembly health 14 and higher education committees regarding the implementation of home 15 health aides pursuant to this act, and any recommendations related ther- 16 eto. 17 § 12. This act shall take effect immediately; provided that: 18 a. sections one and three of this act shall take effect eighteen 19 months after this act shall have become a law. Effective immediately, 20 the commissioner of education is authorized to adopt or amend regu- 21 lations and take such other actions as are necessary to implement the 22 provisions of sections one and two of this act on or before such effec- 23 tive date; provided, further, that no advanced tasks shall be performed 24 pursuant to the provisions of subdivision two of section 6908 of the 25 education law, as added by section one of this act, on or before such 26 effective date; provided further, that no advanced tasks shall be 27 performed pursuant to such provisions until such regulations are adopted 28 and except in conformance with such regulations including in conformance 29 with the provisions of such regulations related to the completion of 30 advanced home health aide training and the satisfaction of competency 31 examination requirements; and provided, further, that sections eight and 32 nine of this act shall take effect April 1, 2018 and shall apply only to 33 prospective employees. 34 b. this act shall expire and be deemed repealed March 31, 2023.