Rpld §610, amd §3605, Pub Health L (as proposed in S.6641-A & A.7365)
 
Authorizes certain core public health services to be provided in the home by local health departments without need for licensure; authorizes such services to be eligible to receive reimbursement under title XIX of the federal Social Security Act.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8524
SPONSOR: Paulin
 
TITLE OF BILL:
An act to amend the public health law, in relation to licensure require-
ments and reimbursements for certain home health services; and to repeal
section 610 of the public health law relating thereto
 
PURPOSE:
To provide administrative relief for local health departments providing
core public health services in the home that require minimal patient
contact.
 
SUMMARY OF PROVISIONS:
This bill amends Chapter 748 of the Laws of 2023 by repealing section
610 of the public health law and creating a new subdivision 1-a and 1-b
to section 3605 of the public health law, related to home care services.
These amendments also provide that when core public health services that
require only minimal patient contact are provided in the home by local
health departments, the local health department would not need addi-
tional licensure under Article 36. The amendments also remove a
provision that provided that only nurses could provide core public
health services. The bill also provides a description of what is consid-
ered to be a "core public health service" as well as a clarification
that home health aide services, personal care services, or nursing
services that require more than minimal patient contact do not qualify
as core public health services.
 
JUSTIFICATION:
This bill will allow Local Health Departments to provide certain core
public health services in the home to align the law and regulations to
the level of service provided. Certain public health services in the
home differ in scope, frequency, and level of clinical care from
services provided by traditional licensed home care services agencies.
These services could be immunizations, verbal assessments, counseling,
referral services, and lead screenings, all common services already
being successfully cared for by localities.
This legislation would relieve a local health department of the burden
to monitor licensure for this level of care. It would assure they are no
longer being held to a clinical regulatory model misaligned with the
limited scope of in-home public health services being provided. The
change would result in administrative savings and redeployment of the
existing tax levies to meet other public health needs. These amendments
represent technical edits to provide that the licensure exemption
appears under Article 36 of the public health law, where the licensure
provisions appear, consistent with historic practices. These amendments
also provide clarifications as to the core public health services which
may or may not exempt a local health department from additional licen-
sure when providing those services in a home-based setting. The
provision enabling more than six visits in the interest of patient safe-
ty and public health will allow for certain services, such as tuberculo-
sis treatment, to occur while still being mindful of the scope of core
public health services that do not require additional licensure. These
amendments allow greater flexibility for our front-line local health
departments, providing administrative relief from licensure they did not
need in practice, and provide clarity to when additional licensure would
be necessary.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
BUDGET IMPLICATIONS:
None noted.
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 amending the public health law relating to
licensure requirements and reimbursements for certain home health
services, as proposed in legislative bills numbers S. 6641-A and A.
7365, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8524
IN ASSEMBLY
January 5, 2024
___________
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 licensure require-
ments and reimbursements for certain home health services; and to
repeal section 610 of the public health law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 610 of the public health law, as added by a chapter
2 of the laws of 2023 amending the public health law relating to licensure
3 requirements and reimbursements for certain home health services, as
4 proposed in legislative bills numbers S. 6641-A and A. 7365, is
5 REPEALED.
6 § 2. Section 3605 of the public health law is amended by adding two
7 new subdivisions 1-a and 1-b to read as follows:
8 1-a. (a) Core public health services, as defined in section six
9 hundred two of this chapter, when provided in the home by the local
10 health department of a county or of the city of New York, shall not
11 require licensure under this section if such core public services
12 require only minimal patient contact. Patient contact shall be consid-
13 ered minimal if it is of limited duration for acute or non-chronic
14 conditions, including but not limited to any health conditions posing a
15 potential threat to public health, and treatment is generally expected
16 to require no more than six patient visits; provided, however, that a
17 local health department may exceed six visits in the interest of patient
18 safety and public health.
19 (b) Core public health services that may be provided without a license
20 pursuant to this subdivision include but are not limited to: immuniza-
21 tions; testing for tuberculosis and observation of tuberculosis self-di-
22 rected therapy; verbal assessment, counseling and referral services; and
23 such other services as may be determined by the department, provided
24 that such services shall not include home health aide services, personal
25 care services, or nursing services that require more than minimal
26 patient contact.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11043-06-4
A. 8524 2
1 1-b. Core public health services, as defined in section six hundred
2 two of this chapter, when provided by local health departments in the
3 home as authorized under subdivision one-a of this section, may be
4 eligible for reimbursement under title XIX of the federal Social Securi-
5 ty Act, provided that the services meet federal and state requirements
6 for such reimbursement.
7 § 3. This act shall take effect on the same date and in the same
8 manner as a chapter of the laws of 2023 amending the public health law
9 relating to licensure requirements and reimbursements for certain home
10 health services, as proposed in legislative bills numbers S. 6641-A and
11 A. 7365, takes effect.