Disqualifies providers for receipt of monies for recruitment and retention of non-supervisory workers, when such monies are not provided to home health agencies

3 Co-sponsors

• John A. DeFrancisco
• William J. Larkin Jr.
• George D. Maziarz

BILL NUMBER:S5252B

Title of bill

An act to amend the public health law, in relation to rate increases payable for certified home health agency services for purposes of improving recruitment and retention of non-supervisory workers and providing standards for settlement of claims for payment for certain long term care services

Purpose

To ensure that monies for the recruitment and retention of non-supervisory home care workers under contract between certified home health care agencies and licensed home care agencies be paid and that certified home health agencies, long-term home health care programs and managed care organizations pay claims and bills to certified home care agency, long tem1 home health care programs and licensed home care services programs within thirty days.

Summary of provisions

Section one of the bill amends section three thousand six hundred and fourteen paragraph eight of the public health law to mandate that rate increases for worker recruitment and retention or other purposes under this section to a provider under contract with a licensed home care services program shall be reflected in such contract rates in a timely manner and must be paid to the workers upon receipt by the provider.

Section two of the bill amends section three thousand six hundred and fourteen paragraph ten of the public health law to mandate that rate increases made for worker recruitment and retention or other purposes under this section to a provider under contract with a licensed home care services program shall be reflected in such contract rates in a timely manner and must be paid to the workers upon receipt by the provider.

Section three of the bill creates a new section three thousand six hundred and fourteen-d of the public health law to require certified home health agencies, long-term home health care programs, insurers and health maintenance organizations to pay claims and bills to certified home health care agencies, long term home health care agencies and licensed home care services programs within thirty days of the receipt of such claim or bill.

Justification

Existing law requires the pass through of recruitment and retention monies for direct care workers. This bill will ensure that the funding is provided to adequate recruitment and retention programs for direct home care workers.

These monies are intended to provide a stable workforce of direct care workers which is critical to the quality of care of home health care patients. Existing law does not require payment of specific claims or bills for home health care services within any particular time frame.

Furthermore, existing law does not require the payment or interest on claims or bills for health care services. The lack of statutory provisions regarding these issues could encourage payors to delay payments to take advantage of interest which can be earned on the moneys being withheld from payment. This bill will provide protection to patients, workers and all home care services programs regardless of license or certification relative to the timely payment of bills and claims.

Legislative history

New bill.

Fiscal implications

None to the state.

Effective date

Immediately.