BILL NUMBER: S5767
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the public health law, in relation to creating a respir-
atory therapy demonstration program for residential health care facili-
ties
 
TITLE OF BILL:
An act to amend the public health law, in relation to creating a respir-
atory therapy demonstration program for residential health care facili-
ties
 
SUMMARY OF PROVISIONS:
Section 1. The public health law is amended by adding a new section 2832
to read as follows:
§ 2832. Residential health care facilities; respiratory therapy demon-
stration program. 1. Notwithstanding any other provision of law to the
contrary, the commissioner is authorized to approve up to ten residen-
tial health care facilities within the state to operate respiratory
therapy units by and within such residential health care facilities. For
purposes of this section, "respiratory therapy" shall mean the assess-
ment, treatment, monitoring and therapeutic interventions and restora-
tions of patients with deficiencies or abnormalities of cardiopulmonary
function and training with education to return to the community.
2. Respiratory therapy services shall include:
(a) Application of techniques for support of high-flow and low-flow
oxygenation, mechanical ventilation, therapeutic pulmonary and cardiac
rehabilitation and interdisciplinary interventions to assist in the
restoration of the patient's overall wellness to support and promote
healthy breathing, in the short and long-term;
(b) Pulmonary rehabilitation techniques and therapeutic interventions
for those suffering from chronic obstructive pulmonary disease (COPD),
and/or recovering from lung surgery, asthma attacks, bronchitis, and
pneumonia to improve their breathing for a better quality of life during
a skilled nursing facility stay;
(c) Self-management education and interventions for people with chronic
obstructive pulmonary disease (COPD), and/or recovering from lung
surgery, asthma attacks, bronchitis, and pneumonia to assist patients
return to community and to thrive at home and reduce the need for future
hospitalizations; and
(d) Pulmonary rehabilitation techniques and overall wellness education
and training to develop strength and endurance of supporting respiratory
muscles and other techniques to increase respiratory function, which
will improve the success of ventilator-weaning, reduce mortality rates,
and hasten the return of eligible candidates to better positive
outcomes.
3. In order to receive approval from the commissioner to operate a
respiratory therapy unit and to provide respiratory therapy, a residen-
tial health care facility shall file an application on forms prescribed
by or acceptable to the commissioner.
(a) The commissioner shall act upon such applications in a manner
consistent with section twenty-eight hundred two of this article. In the
public health and health planning council's evaluation of applications
and the commissioner acting upon such applications, priority shall be
given to applicants who can demonstrate a history of providing such
respiratory therapy over the past ten years.
(b) In order to be approved to operate a respiratory therapy unit and to
provide respiratory therapy, an applicant must comply with and meet all
applicable requirements of and conditions of participation under title
XVIII of the federal Social Security Act (Medicare).
(c) The commissioner shall establish the operating component of
reimbursement rates appropriate for patients requiring respiratory ther-
apy in a respiratory therapy unit, which shall include:
(i) Funding for minimum staffing appropriate to meet the standards and
needs of each level of nursing care, including but not limited to,
suctioning, transferring from bed daily, whirlpool bathing and transport
to therapy gym;
(ii) Minimum staffing for therapeutic interventions, including therapeu-
tic recreation, physical, occupational and speech therapies, and
adequate staff to transport residents; and
(iii) Appropriate equipment and supplies necessary to provide respir-
atory care and education, including portable mechanical ventilators,
oxygen, in-wall and portable, appropriate speaking valves, and appropri-
ate high protein and high caloric nutrition.The commissioner shall
report to the governor and the legislature concerning the implementation
of this section and the operation of respiratory therapy units within
three years after the effective date of this section. Such a report
shall include a recommendation regarding the expansion of the demon-
stration program and other metrics to define the need for and cost of
services for the population of individuals requiring respiratory thera-
py, as determined by the commissioner.
 
JUSTIFICATION:
Respiratory therapy in health care facilities would create new solutions
to help combat the growing number of New Yorkers who have COPD or are
recovering from respiratory illnesses like lung surgery or asthma. The
therapy would decrease mortality rates as well as help with ventilator
weaning, which would have lasting effects in the short and long term.
Implementation of this bill would be overseen by the commissioner,
making sure that applicants are being helped by the system. Creating a
respiratory therapy demonstration program for residential health care
facilities would foster positive outcomes for both citizens of the state
and health care facilities.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
Yet to be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.