|SAME AS||SAME AS S07626|
|COSPNSR||Lupardo, Simon, McDonald, Sayegh, Galef, Abinanti, Wallace, Ashby|
|Amd §4012, Pub Health L; amd §461-l, Soc Serv L|
|Authorizes residents of assisted living programs to receive hospice services; directs the commissioner of health to convene a workgroup of stakeholders to make recommendations as to coordination and division of services, responsibilities, and reimbursement of assisted living programs and hospice programs.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8006 SPONSOR: Gottfried
TITLE OF BILL: An act to amend the public health law and the social services law, in relation to authorizing residents of assisted living programs to receive hospice services   PURPOSE OR GENERAL IDEA OF BILL: To enable residents of adult care facilities continue to be enrolled in the Medicaid assisted living program while receiving hospice care.   SUMMARY OF SPECIFIC PROVISIONS: The bill makes parallel amendments to Public Health Law § 4012 and to Social Services Law § 461-L to clarify that residents of adult care facilities may receive both hospice and assisted living program (ALP) services without having to disenroll in either. A workgroup of stake- holders will convene to study and recommend how the two programs will coordinate services, responsibilities, and reimbursement, to avoid duplicate payments.   JUSTIFICATION: Hospice programs provide medical and social supports to terminally ill persons so that they receive end-of-life palliative care in their home environment. NYS and Federal regulations allow hospice care to be provided both home based and institutional settings, including the terminally ill individual's home, the home of a relatives or friend, free-standing Hospice residences, skilled nursing facilities, and in general hospitals. However, if the patient happens to live in an adult care facility (ACF) and is enrolled in the NYS Medicaid assisted living program to receive home care services in that ACF, it gets unduly complicated for the person to also receive hospice care. Since 2002, NYS has required ALP-enrolled residents who choose Hospice care to disenroll from ALP. This means the loss of the home care services they still need. This process is morally and fiscally wrong for the patient and for the operators of the homes where they live. New York ranks 50th in the nation for Hospice utilization, with this another bather to hospice care. A conservative estimate suggests that allowing ALP residents to access Hospice services would save the Medicaid program $13 million a year through avoiding costly hospitalizations and nursing home stays. There are complex regulations and practices that interfere with hospice access for ALP residents. The workgroup, comprised of representatives from all parties associated in the delivery of this care including ALP and Hospices providers and Departmental officials, will recommend chang- es to policies, practices, and billing guidance so that all Medicaid recipients can benefit from hospice care at their end of life.   PRIOR LEGISLATIVE HISTORY: New bill, based on A.10459-A of 2019 (Lupardo) which was vetoed.   FISCAL IMPLICATIONS: Expected Medicaid savings.   EFFECTIVE DATE: Sections 1 and 2 take effect 180 days after becoming a law, section 3, the workgroup, takes effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 8006 2021-2022 Regular Sessions IN ASSEMBLY June 4, 2021 ___________ Introduced by M. of A. GOTTFRIED, LUPARDO -- read once and referred to the Committee on Health AN ACT to amend the public health law and the social services law, in relation to authorizing residents of assisted living programs to receive hospice services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 4012 of the public health law is amended by adding 2 a new subdivision 4 to read as follows: 3 4. Eligible individuals shall be permitted to receive hospice services 4 from a provider under this article while continuing to reside in an 5 adult care facility under title two of article seven of the social 6 services law and enrolled in the assisted living program. The commis- 7 sioner shall make regulations and take other actions reasonably neces- 8 sary and appropriate to implement this subdivision. 9 § 2. Paragraph (d) of subdivision 2 of section 461-l of the social 10 services law is amended by adding a new subparagraph (iv) to read as 11 follows: 12 (iv) Eligible individuals shall be permitted to receive hospice 13 services from a provider under article forty of the public health law 14 while continuing to reside in an adult care facility under this title 15 and enrolled in the assisted living program. The commissioner shall make 16 regulations and take other actions reasonably necessary and appropriate 17 to implement this subparagraph. 18 § 3. The commissioner of health shall convene a workgroup including 19 representatives of associations representing assisted living programs 20 and hospice programs, and other interested parties as appropriate, to 21 make recommendations as to coordination and division of services and 22 responsibilities, and reimbursement, of assisted living programs and 23 hospice programs under subdivision 4 of section 4012 of the public EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11724-01-1A. 8006 2 1 health law and paragraph (d) of subdivision 2 of section 461-l of the 2 social services law. 3 § 4. This act shall take effect immediately, provided that sections 4 one and two of this act shall take effect on the one hundred eightieth 5 day after it shall have become a law.