NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7365
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
PURPOSE:
Provides for reimbursement for certain home health services that meet
the definition of core public health services
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new section 610 to the public health law that allows a
nurse to visit the home and provide a core public health service, with-
out being subject to licensure, so long as it follows statutory require-
ments and is not intended to serve as nursing services. The commissioner
of health may determine if the services exceed the limits of the scope
of public health services, as well as establish the requirements for
reimbursement.
Section 2 provides the effective date.
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.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Local savings
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7365
2023-2024 Regular Sessions
IN ASSEMBLY
May 18, 2023
___________
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
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
2 610 to read as follows:
3 § 610. State aid; home visit core public health services. 1. Notwith-
4 standing any other provision of law, a visit to the home by a nurse to
5 provide a core public health service, as defined in section six hundred
6 two of this article, by a county or city public health agency that
7 receives funding under this article and that is for purposes of meeting
8 statutory requirements of this article, and is not intended to serve as
9 nursing services within the meaning of article thirty-six of this chap-
10 ter, shall not otherwise be subject to licensure under any other
11 provision of law.
12 2. If the commissioner determines that the scope of services provided
13 by a local health department established under this section exceeds the
14 limits prescribed, he or she may require that such city or county public
15 health agency be subject to the requirements set forth in article thir-
16 ty-six of this chapter.
17 3. If the commissioner determines that the core public health
18 services, as defined in section six hundred two of this article, when
19 provided by local health departments in the home as authorized under
20 this section, are eligible for reimbursement under title XIX of the
21 federal Social Security Act and meet federal and state requirements for
22 such reimbursement, a municipality shall seek reimbursement as required
23 by subdivision three of section six hundred six of this article.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11043-05-3
