STATE OF NEW YORK ________________________________________________________________________ 2933 2023-2024 Regular Sessions IN SENATE January 25, 2023 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the social services law, in relation to evaluations for home health services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (d) and subparagraph (i) of paragraph (e) of 2 subdivision 2 of section 365-a of the social services law, paragraph (d) 3 as amended by chapter 59 of the laws of 1993 and subparagraph (i) of 4 paragraph (e) as amended by section 2 of part MM of chapter 56 of the 5 laws of 2020, are amended to read as follows: 6 (d) (i) home health services provided in a recipient's home and 7 prescribed by a physician including services of a nurse provided on a 8 part-time or intermittent basis rendered by an approved home health 9 agency or if no such agency is available, by a registered nurse, 10 licensed to practice in this state, acting under the written orders of a 11 physician and home health aide service by an individual or shared aide 12 provided by an approved home health agency when such services are deter- 13 mined to be cost effective and appropriate to meet the recipient's needs 14 for assistance subject to the provisions of [section three hundred 15 sixty-seven-j and] section three hundred sixty-seven-o of this title. 16 (ii) a copy of every assessment or evaluation conducted to determine a 17 recipient's need for assistance shall be promptly provided in full to 18 the recipient or the recipient's designee upon completion of the assess- 19 ment or evaluation; 20 (i) (A) personal care services, including personal emergency response 21 services, shared aide and an individual aide, subject to the provisions 22 of subparagraphs (ii), (iii), (iv), (v) and (vi) of this paragraph, 23 furnished to an individual who is not an inpatient or resident of a 24 hospital, nursing facility, intermediate care facility for individuals 25 with intellectual disabilities, or institution for mental disease, as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05284-01-3
S. 2933 2 1 determined to meet the recipient's needs for assistance when cost effec- 2 tive and appropriate, and when prescribed by a qualified independent 3 physician selected or approved by the department of health, in accord- 4 ance with the recipient's plan of treatment and provided by individuals 5 who are qualified to provide such services, who are supervised by a 6 registered nurse and who are not members of the recipient's family, and 7 furnished in the recipient's home or other location. 8 (B) a copy of every assessment or evaluation conducted to determine a 9 recipient's need for assistance shall be promptly provided in full to 10 the recipient or the recipient's designee upon completion of the assess- 11 ment or evaluation; 12 § 2. This act shall take effect immediately.