What's happening
This bill allows the health commissioner to approve additional home care agency applications during the existing licensure moratorium if deemed consistent with care improvement and consolidation goals.
Why it matters
Expands flexibility for the health commissioner. By allowing the commissioner to approve additional home care agency applications at their discretion, the bill could enable the state to respond more nimbly to changing healthcare needs, such as gaps in service or opportunities for system improvement.
Potential to address local or specialized needs. The new language means agencies that can demonstrate alignment with care improvement or consolidation goals may now have a path to licensure, potentially improving access for underserved populations or geographic areas.
Could expedite innovation and system consolidation. The amendment supports broader policy objectives to streamline and strengthen home care delivery by empowering the commissioner to approve applications that support consolidation and innovative care models, potentially leading to more efficient or higher quality services.
Introduces greater subjectivity and oversight. By giving the commissioner discretionary power, the bill may lead to more tailored oversight, but also raises questions about transparency and consistency in how exceptions to the moratorium are granted.
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Who cares
Headline styles
Pause New Home Care Licenses
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
History
- Tabled
- Vetoed memo.239
- Delivered to governor
- Returned to assembly
- Passed senateVote 62–0
- 3rd reading cal.144
- Substituted for S1820
- Referred to health
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.18
- Reported
Show 1 earlier action
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Pause New Home Care Licenses
Senate Floor Calendar · Sponsor Gustavo Rivera
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
976
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. GOTTFRIED, LUPARDO, COLTON -- read once and referred to the Committee on Health
AN ACT to amend part B of chapter 57 of the laws of 2018, amending the public health law and other laws relating to registration of licensed home care services agencies, in relation to the moratorium on the processing and approval of applications
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9-e of part B of chapter 57 of the laws of 2018, amending the public health law and other laws relating to registration of licensed home care services agencies, is amended to read as follows:
§ 9-e. Effective April 1, 2018, the commissioner of health shall place a moratorium on the processing and approval of applications seeking licensure of a licensed home care services agency pursuant to section 3605 of the public health law that have not received establishment approval or contingent establishment approval by the public health and health planning council, except for: (a) an application seeking licensure of a licensed home care services agency that is submitted with an application for approval as an assisted living program authorized pursuant to section 461-l of the social services law; (b) an application seeking approval to transfer ownership for an existing licensed home care services agency that has been licensed and operating for a minimum of five years for the purpose of consolidating ownership of two or more licensed home care services agencies; [and] (c) an application seeking licensure of a home care services agency where the applicant demonstrates to the satisfaction of the commissioner of health that submission of the application to the public health and health planning council for consideration would be appropriate on grounds that the application addresses a serious concern such as a lack of access to home care services in the geographic area or a lack of adequate and appropriate care, language and cultural competence, or special needs services;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03870-01-9
A. 976 2
and (d) any other application that the commissioner of health, in his or her discretion, deems to be consistent with goals for consolidation and improving care delivery. Such moratorium shall expire on March 31, 2020. In implementing the provisions of this section, the commissioner shall, to the extent practicable, review and, where appropriate, prioritize presentation to the public health and health planning council of complete applications under paragraph (b) of this section where the applicants demonstrate, to the satisfaction of the commissioner, that the proposed change in ownership is consistent with the goals of paragraph (j) of subdivision 7 of section 4403-f of the public health law.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.