BILL NUMBER: S2931B
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law and the social services law, in
relation to enacting the New York home care first act
 
PURPOSE:
To improve accessibility of home care services, develop and maintain a
qualified workforce, develop a comprehensive public education program,
and approve rates of reimbursement under Medicaid for home care services
that support the provision of those services.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 declares this act to be cited as the "New York Home Care First
Act".
Section 2 amends section 3600 of the public health law as it relates to
high-quality homecare services for the residents of New York. This
section will ensure that the availability of home care services will be
a core part of the healthcare system. Home care services agencies part-
ner with healthcare professionals, hospitals, health plans, county
public health departments, and mental health providers to provide a
variety of services to patients and communities. This legislation
intends that there be a public commitment to expand the accessibility of
home care services and maintain high levels of services, workforce
recruitment, training, compensation, and retention.
Section 3 amends the public health law by adding a new section 3603 as
it relates to home care policy implementation. The commission shall make
regulations and issue guidance to promote the policy under this article.
The information and referral guidance shall be made available to all
health professionals and there shall be a comprehensive public education
program about home care services that will include a description of
providers and types of services that are typically offered or authorized
by any state agency; benefits provided under the insurance law for the
individual; the contact information where consumers can access home care
services; and the name and location of home care service agencies
throughout the state.
Section 4 amends section 365-a of the social services law as it relates
to home care services. If the individual is determined to be eligible
for home care, the individual shall be informed orally and in writing of
the availability of home care services in the person's county of resi-
dence.
Section 5 amends subdivision 3 and paragraphs (a) and (b) of subdivision
3-c of section 3614 of the public health law as it relates to payments
to certified home health agency services. Three new subdivisions 1-a,
9-a, and 15 are also added to this section. This section provides that
rates for home care services agencies and home care services shall be
reasonably related to the cost of efficiently providing services and the
supply of services. This section also sets the regulations for rates of
payment and reimbursement for telehealth services. If there are any
inconsistent provisions within the section, the commissioner can further
adjust medical assistance rates for home care services agencies and home
care services.
Section 6 amends subdivision 8 of section 4403-f of the public health
law as it relates to payment rates for managed long term care employees.
For premiums effective on and after April 1st, 2025, the commissioner
shall further consider increases to premiums to address cost and
reimbursement adjustments.
Section 7 provides that the superintendent of financial services shall
examine the terms of coverage for homecare services as specified in
articles 32 and 43 of the insurance law to make sure the recommendations
for modifications of the article align with the terms"of home care
coverage with the state of the art medical and health system practices.
Section 8 provides the effective date.
 
JUSTIFICATION:
In 1977, New York State enacted the nation's landmark laws and programs
for home care, leading the way federally and across the states, by codi-
fying that home care be "a priority of the state's actions" throughout
the state's healthcare system. It required comprehensive and coordinated
actions in public health, Medicaid, and insurance plans aligned to this
overall purpose and included requirements that home care be available to
individuals according to their needs and medical eligibility, partic-
ularly as an option prior to institutionalization.
These policies, combined with trends in aging, medical practice changes,
and patient preference for care at home, have driven the healthcare
system's growing need for home care availability. As the state looks to
home care services to meet patient and system-wide needs, the state must
establish and provide immediate and long-term state policy and program
support for this purpose. The New York Home Care First Act provides for
a comprehensive reestablishment and realignment of state policy to
address the gaps that are increasingly paralyzing the broader system,
sacrificing cost-efficiency, contributing to home care staffing short-
ages and access crises, failing to provide fair compensation to agencies
and workers, and failing to support innovation where it is so greatly
needed and advantaged.
 
LEGISLATIVE HISTORY:
2021-2022: S8295/A9148
 
FISCAL IMPLICATIONS:
Undetermined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S2931: 3600 public health law, 365-a social services law
S2931A: 3600 public health law, 365-a social services law
S2931B: 3600 public health law, 365-a social services law