What's happening
This bill removes the requirement to consider public need, financial resources, and other factors when approving home care agency licenses.
Why it matters
Could make it easier for new home care agencies to get licensed. , potentially increasing the number of agencies and options available to patients and families needing in-home care.
Removes a layer of oversight. by no longer requiring reviews of public need, financial resources, or other factors, the state would have less control over which agencies are allowed to operate, which could affect quality, competition, and market saturation.
May impact patient safety and care quality. , since agencies would not have to prove their financial stability or demonstrate a specific need for their services in a given area, possibly leading to less reliable providers entering the market.
Shifts the focus of licensure. to assessing only the “character, competence, and standing in the community” of agency leadership, rather than a broader evaluation of the agency’s overall readiness and necessity.
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Who cares
Headline styles
Limit Home Care Licenses
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to health
- 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.
Ease Home Care Licensing
In Assembly Committee · Health · Sponsor Alicia Hyndman
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5931
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to limitations on the processing and approval of applications seeking licensure of a licensed home care services agency
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 4 and 6 of section 3605 of the public health law, as amended by section 9-b of part B of chapter 57 of the laws of 2018, are amended to read as follows:
4. The public health and health planning council shall not approve an application for licensure unless it is satisfied as to[: (a) the public need for the existence of the licensed home health care service agency at the time and place and under the circumstances proposed; (b)] the character, competence and standing in the community of the applicant's incorporators, directors, sponsors, stockholders or operators[; (c) the financial resources of the proposed licensed home health care service agency and its sources of financial revenues; and (d) such other matters as it shall deem pertinent].
6. Neither public need, tax status nor profit-making status shall be criteria for licensure.
§ 2. This act shall take effect on the same date and in the same manner as section 9-b of part B of chapter 57 of the laws of 2018, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11798-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to limitations on the processing and approval of applications seeking licensure of a licensed home care services agency
Purpose or general idea of bill
Repeals unwise provisions inserted in to the FY 2018-19 Budget that have negatively affected the operation of Licensed Home Care Services Agen- cies (LHCSAs) within our communities.
Summary of specific provisions
This legislation simply strikes out recently-added hurdles, which received little to know public vetting-to hurdles to the successful operation and licensure of LHCSA's including "public need," "standing in the community" and "financial resources" for LHCSAs to meet to receive approval. Essentially, many of the pre-Chapter 57 of 2018 licensing criteria are reestablished.
Justification
There are currently over 1,400 LHCSAs authorized to provide hourly nurs- ing care, assistance with activities of daily living and other health and social services to New York's low-income elderly and disabled popu- lations. In the past five years alone, home health employers have added 72,600 jobs in New York. In 2018, for the first time ever, the number of people employed in the home health sector in New York City (167,000) has surpassed the number employed by private hospitals in New York City (166,300).
The FY 2018-19 Enacted Budget contained language in the Health and Mental Hygiene bill (5.7507-C) that was agreed to by the Governor, Senate Republicans and Assembly Democrats that put new restrictions and additional hurdles on Licensed Home Care Services Agencies (LHCSAs). The rationale behind these changes-from the perspective of the Department of Health-was to move from a fragmented, decentralized model of care to a more coordinated and centrally-planned one. In addition, it has been reported that DOH believes that fewer providers will reduce waste, inef- ficiency and the opportunity for fraud. The major downside of these changes is that they will-by design-affect small, local operations forc- ing them to merge and/or change their business model, and at worst, potentially lose their ability to operate. Such changes seem to ignore the basic current business model of local LHCSA operations who provide targeted local care in the homes of individuals; in many ways this busi- ness model cannot be scaled up and retain the quality of services afforded by local groups who are trusted in the community.
This legislation strikes out the requirement that in the future, post the 2-year moratorium LHCSA enacted in 2018-applicants will need to demonstrate "public need," "standing in the community" and "financial resources" to receive approval.
While many LHCSA's have all of these attributes and more, additional mandates and hurdles on these small businesses is unnecessary. LHCSA110 are community-based small businesses that already spend so much time on. regulation and compliance; in the long term, if all of the 2018 changes are allowed to stand, it could eventually mean that small operators no longer have the opportunity to provide services to the community. With hindsight and reflection upon what truly allows LHCSAs to deliver quali- ty care in the community, it has become very clear that letting these businesses fail under a system intentionally stacked against them is not a fair, sound, rational or viable option.
Prior legislative history
New Bill.
Fiscal implications
None to the State.
Effective date
Retroactive to the date of enactment of Chapter 57/Laws of 2018.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.