Bill Text: NY A08524 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-02-07 - signed chap.36 [A08524 Detail]

Download: New_York-2023-A08524-Introduced.html

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                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     5  REPEALED.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.