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S1820Senate2019-2020 SessionSame asA976

Pause New Home Care Licenses

Official title

“Relates to the moratorium on the processing and approval of applications for licensure of licensed home care services agencies”

Sponsor Gustavo RiveraSD-33+1 co-sponsorAffects Health
Status
Senate Floor Calendar
Impact
4/10
Low
Passage
0%

Bill progress

Vetoed via A976

What's happening

This bill expands exceptions to New York's moratorium on processing new home care agency applications, allowing more discretionary approvals.

Why it matters

  1. Increases state flexibility. By allowing the Commissioner of Health to approve applications at their discretion if they align with goals for consolidation and improving care delivery, the bill gives the state more leeway to respond to evolving needs, rather than being bound by strict statutory exceptions.

  2. Could accelerate innovation and reform. The new discretionary exception means that innovative or high-impact home care models, or agencies proposing new ways to deliver care, could receive approval even during the moratorium, potentially improving services for patients.

  3. May address access and equity issues. The expanded exceptions could help address gaps in service, such as geographic areas or populations with unmet needs, especially if the Commissioner prioritizes applications that improve access or serve special populations.

  4. Potential impact on industry competition. By enabling selected new entries or consolidations during a freeze on most new licenses, the bill could influence the competitive landscape of home care services, possibly favoring providers that can demonstrate alignment with state health system goals.

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Who cares

Headline styles

Pause New Home Care Licenses

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Gustavo Rivera

Senator · Senate District 33

Chair, Health

1 Co-sponsor

History

  1. Substituted by A976
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.144
  5. 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.

A976Assembly

Pause New Home Care Licenses

Vetoed · Sponsor Richard Gottfried

Impact 4 · LowVetoed

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1820

2019-2020 Regular Sessions

IN SENATE

January 16, 2019

Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed 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

S. 1820 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.

Sponsor's memo

Title of bill

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 proc- essing and approval of applications

Purpose

To clarify that the Commissioner of Health may provide an exemption to the moratorium on Licensed Home Care Services Agencies (LHCSAs) if, in his or her discretion, the application is consistent with the state's goals of consolidation and improving care delivery.

Summary of provisions

Section 1 of the bill amends budget language adopted in Part B of Chap- ter 57 of the laws of 2018 by adding a new exception (d) to section 9-e which established a moratorium on the processing and approval of LHCSA applications seeking licensure.

Section 2 provides an immediate effective date.

Existing law

Part B of Chapter 57 of the laws of 2018 (the 2018 Health and Mental Hygiene Budget) established a two year moratorium on LHCSA applications while providino certain exceptions from the moratorium.

Justification

As part of the 2018.-19 adopted budget. A two year moratorium was placed on the licensing of LHCSAs. The Department of Health released guidance on May 10th and sent letters to hundreds of providers who had pending applications before the Department, many for a year or more. Virtually all of the applicants were advised they did not meet the existing statu- tory exceptions and their applications were no longer active. Many exam- ples of applications for the sale and transfer of LHCSAs have come to light which are consistent with the stated goal of the moratorium, which was to consolidate the number of LHCSAs in the state and give the Department time to assess the situation and work toward improving care delivery.

This legislation clarifies the original intent and provides a vehicle by which the Commissioner may provide exceptions to the moratorium when, in his or her discretion, he or she deems an application to be consistent with goals for consolidation and improving care delivery.

Legislative history

New bill.

Fiscal implications

None

Effective date

Immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.