A06768 Summary:

BILL NOA06768
 
SAME ASSAME AS S01420
 
SPONSORBronson
 
COSPNSR
 
MLTSPNSR
 
Amd 3614 & 2807-v, Pub Health L
 
Authorizes the commissioner of health to adjust medical assistance rates of payment for certified home health agencies, managed long term care plans, hospices, long term home health care programs, licensed home care services agencies and other entities for recruitment, training and retention of direct care workers for services in shortage areas and by shortage disciplines.
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A06768 Actions:

BILL NOA06768
 
03/19/2019referred to health
01/08/2020referred to health
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A06768 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6768
 
SPONSOR: Bronson
  TITLE OF BILL: An act to amend the public health law, in relation to home care and hospice worker shortage areas and disciplines   PURPOSE OR GENERAL IDEA OF BILL: To authorize the state commissioner of labor, with the assistance of collaborating state agencies, to conduct a competitive labor market study to assess and make recommendations for home care and hospice capa- bility to compete in the labor market for recruitment and retention of direct care staff to meet patient and health system needs, and to estab- lish a taskforce to promote entrance, practice, career development and retention in home health and hospice occupations, including home health aide, nursing, physical therapy, occupational therapy, social work and others that the commissioner designates.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Sets forth the home care-hospice labor market study and recommendations under the direction of the state commissioner of labor, with the collaboration of the commissioner of health. Section 2: Sets for the home care-hospice labor task force, under the co-chairmanship of the commissioner of labor and director of the office for aging and the collaborative support of assistance of the departments of health and aging, and the office of mental health. Section 3: Provides the effective date.   JUSTIFICATION: Both New York State and the United States Department of Labor analyses show home care occupations to be among the top projected occupational needs for the foreseeable future. The needs are driven and compounded by: major demographic changes (in particular the aging of the popu- lation); changes in state of the art medical practice enabling individ- uals to live longer, and to survive and live adapting to major trauma and chronic illness; major changes in hospital and institutional care use prompted by state and federal health care reforms; and other. Recruitment and retention of individuals for health occupations in home care and hospice sufficient to meet demand is a major challenge on its own, but is made more complex by home care and hospice's less compet- itive positions in the labor market and in the lesser awareness and interest of individuals to enter and work in the home care and hospice fields. Home care and hospices' ability to compete to recruit and retain staff is at a huge disadvantage as these providers are also most often not reimbursed at competitive levels with other major employers in the market for the same health labor force, and when work in the home care and hospice fields is inherently demanding in unique and extremely chal- lenging ways. The lack of individuals entering and staying in home care and hospice occupations, in comparison to the current and future need, is of crisis proportions around NYS in terms of patient access and overall health system function. This legislation takes on critical short and long term elements that need to be addressed in order to ensure an adequate health home health and hospice labor force, and indeed, adequate health care, for New York- ers.   PRIOR LEGISLATIVE HISTORY: 2018 referred to health.   FISCAL IMPLICATIONS: None. The legislation seeks corrections and initiatives that will prevent higher costs to the state by enabling the home care and hospice systems to have adequate staff to service the patient and community need. Any rate reimbursement changes or other fiscal measures recom- mended to the Legislature and Governor by either the market study or the labor task force would be subject to future budget decision-making.   EFFECTIVE DATE: Immediately, provided that the task force provisions of the bill shall expire on and after January 31, 2021.
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A06768 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6768
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 19, 2019
                                       ___________
 
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Health
 
        AN ACT to amend the public health law, in  relation  to  home  care  and
          hospice worker shortage areas and disciplines
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 3614 of the public health law is amended by  adding
     2  a new subdivision 9-a to read as follows:
     3    9-a.  Notwithstanding  any  inconsistent  provision  of  this section,
     4  effective for annual periods beginning April first, two  thousand  nine-
     5  teen, and for each annual period thereafter, the commissioner is author-
     6  ized, subject to the availability of federal financial participation and
     7  upon  approval  of  the  state director of the budget, to further adjust
     8  medical assistance rates of payment for certified home health  agencies,
     9  managed  long  term  care  plans,  hospices,  long term home health care
    10  programs, licensed home care services agencies providing services  under
    11  contract  with such agencies and plans, and such other entities qualify-
    12  ing under subdivision nine of this section,  targeted  for  recruitment,
    13  training  and  retention of direct care workers for services in shortage
    14  areas and by shortage disciplines which may include nurses,  therapists,
    15  social workers, home health aides and personal care aides.
    16    The  commissioner is further authorized to provide such adjustments to
    17  pilot test the impact on recruitment and retention of allowing funds  to
    18  be  used for critical supports and incentives for direct care personnel,
    19  including transportation, education, training, child  day  care,  career
    20  ladder,  peer  support,  and  other  supports which the commissioner may
    21  determine.
    22    Notwithstanding any inconsistent  provision  of  section  twenty-eight
    23  hundred  seven-v of this chapter, funds for such adjustments may be made
    24  available, upon the approval of the  state  budget  director,  from  any
    25  unexpended funds and balances available under such section, and in annu-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07311-01-9

        A. 6768                             2
 
     1  al  amounts of up to thirty percent of the aggregate level specified for
     2  adjustments under subdivision nine of this section.
     3    On  or  before  April first, two thousand twenty-one, the commissioner
     4  shall submit information to the governor and legislature on  the  effec-
     5  tiveness of the program in recruitment and retention of direct care home
     6  care  personnel, and in addressing community need, and shall make recom-
     7  mendations for the continuation or modification of  the  program.    The
     8  commissioner  shall  seek the input of representatives of the providers,
     9  plans, consumers and workers in examining and reporting on the program.
    10    § 2. Subdivision 1 of section 2807-v  of  the  public  health  law  is
    11  amended by adding a new paragraph (jjj) to read as follows:
    12    (jjj)  Funds  may  be  made  available,  from any unexpended funds and
    13  balances under this  section,  for  rate  adjustments  authorized  under
    14  subdivision  nine-a of section thirty-six hundred fourteen of this chap-
    15  ter, which shall not exceed the amount specified in such subdivision.
    16    § 3. This act shall take effect immediately.
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