Statute:

Hospital-home care-physician collaboration program

ยง 2805-x. Hospital-home care-physician collaboration program. 1. The
purpose of this section shall be to facilitate innovation in hospital,
home care agency and physician collaboration in meeting the community's
health care needs. It shall provide a framework to support voluntary
initiatives in collaboration to improve patient care access and
management, patient health outcomes, cost-effectiveness in the use of
health care services and community population health. Such collaborative
initiatives may also include payors, skilled nursing facilities and
other interdisciplinary providers, practitioners and service entities.

2. For purposes of this section:

(a) "Hospital" shall include a general hospital as defined in this
article or other inpatient facility for rehabilitation or specialty care
within the definition of hospital in this article.

(b) "Home care agency" shall mean a certified home health agency, long
term home health care program or licensed home care services agency as
defined in article thirty-six of this chapter.

(c) "Payor" shall mean a health plan approved pursuant to article
forty-four of this chapter, or article thirty-two or forty-three of the
insurance law.

(d) "Practitioner" shall mean any of the health, mental health or
health related professions licensed pursuant to title eight of the
education law.

3. The commissioner is authorized to provide financing including, but
not limited to, grants or positive adjustments in medical assistance
rates or premium payments, to the extent of funds available and
allocated or appropriated therefor, including funds provided to the
state through federal waivers, funds made available through state
appropriations and/or funding through section twenty-eight hundred
seven-v of this article, as well as waivers of regulations under title
ten of the New York codes, rules and regulations, to support the
voluntary initiatives and objectives of this section.

4. Hospital-home care-physician collaborative initiatives under this
section may include, but shall not be limited to:

(a) Hospital-home care-physician integration initiatives, including
but not limited to:

(i) transitions in care initiatives to help effectively transition
patients to post-acute care at home, coordinate follow-up care and
address issues critical to care plan success and readmission avoidance;

(ii) clinical pathways for specified conditions, guiding patients'
progress and outcome goals, as well as effective health services use;

(iii) application of telehealth/telemedicine services in monitoring
and managing patient conditions, and promoting self-care/management,
improved outcomes and effective services use;

(iv) facilitation of physician house calls to homebound patients
and/or to patients for whom such home visits are determined necessary
and effective for patient care management;

(v) additional models for prevention of avoidable hospital
readmissions and emergency room visits;

(vi) health home development;

(vii) development and demonstration of new models of integrated or
collaborative care and care management not otherwise achievable through
existing models; and

(viii) bundled payment demonstrations for hospital-to-post-acute-care
for specified conditions or categories of conditions, in particular,
conditions predisposed to high prevalence of readmission, including
those currently subject to federal/state penalty, and other discharges
with extensive post-acute needs;

(b) Recruitment, training and retention of hospital/home care direct
care staff and physicians, in geographic or clinical areas of
demonstrated need. Such initiatives may include, but are not limited to,
the following activities:

(i) outreach and public education about the need and value of service
in health occupations;

(ii) training/continuing education and regulatory facilitation for
cross-training to maximize flexibility in the utilization of staff,
including:

(A) training of hospital nurses in home care;

(B) dual certified nurse aide/home health aide certification; and

(C) dual personal care aide/HHA certification;

(iii) salary/benefit enhancement;

(iv) career ladder development; and

(v) other incentives to practice in shortage areas; and

(c) Hospital - home care - physician collaboratives for the care and
management of special needs, high-risk and high-cost patients, including
but not limited to best practices, and training and education of direct
care practitioners and service employees.

(d) Collaborative programs to address disparities in health care
access or treatment, and/or conditions of higher prevalence, in certain
populations, where such collaborative programs could provide and manage
services in a more effective, person-centered and cost-efficient manner
for reduction or elimination of such disparities.

(i) Such programs may target one or more disparate conditions, or
areas of under-service, evidenced in defined populations, including but
not be limited to:

(A) cardiovascular disease;

(B) hypertension;

(C) diabetes;

(D) chronic kidney disease;

(E) obesity;

(F) asthma;

(G) sickle cell disease;

(H) sepsis;

(I) lupus;

(J) breast, lung, prostate and colorectal cancers;

(K) geographic shortage of primary care, prenatal/obstetric care,
specialty medical care, home health care, or culturally and
linguistically compatible care;

(L) alcohol, tobacco, or substance abuse;

(M) post-traumatic stress disorder and other conditions more prevalent
among veterans of the United States military services;

(N) attracting members of minority populations to the field and
practice of medicine; and

(O) such other areas approved by the commissioner.

(ii) Collaborative hospital-home care-physician, and as applicable
additional partner, models may include under such disparities programs:

(A) service planning and design;

(B) recruitment of specialty personnel and/or specialty training of
professionals or other direct care personnel (including physicians, home
care and hospital staffs), patients and informal caregivers;

(C) continuing medical education and clinical training for physicians,
follow-up evaluations, and supporting educational materials;

(D) use of evidenced-based approaches and/or best practices to
treatment;

(E) reimbursement of uncovered services;

(F) bundled or other integrated payment methods to support the
necessary, coordinated and cost-effective services;

(G) regulatory waivers to facilitate flexibility in provider
collaboration and person-centered care;

(H) patient/family peer support and education;

(I) data collection, research and evaluation of efficacy; and/or

(J) other components or innovations satisfactory to the commissioner.

(iii) Nothing contained in this paragraph shall prevent a physician,
physicians group, home care agency, or hospital from individually
applying for said grant.

(iv) The commissioner shall consult with physicians, home care
agencies, hospitals, consumers, statewide associations representative of
such participants, and other experts in health care disparities, in
developing an application process for grant funding or rate adjustment,
and for request of state regulatory waivers, to facilitate
implementation of disparities programs under this paragraph.

5. Hospitals and home care agencies which are provided financing or
waivers pursuant to this section shall report to the commissioner on the
patient, service and cost experiences pursuant to this section,
including the extent to which the project goals are achieved. The
commissioner shall compile and make such reports available on the
department's website.

PBH 2805-X 2023-12-15

Sections:

ARTICLE 28 - Hospitals
SECTION 2800 - Declaration of policy and statement of purpose
SECTION 2801 - Definitions
SECTION 2801-A - Establishment or incorporation of hospitals
SECTION 2801-B - Improper practices in hospital staff appointments and extension of professional privileges prohibited
SECTION 2801-C - Injunctions
SECTION 2801-D - Private actions by patients of residential health care facilities
SECTION 2801-E - Voluntary residential health care facility rightsizing demonstration program
SECTION 2801-F - Residential health care facility quality incentive payment program
SECTION 2801-G - Community forum on hospital closure
SECTION 2801-H - Personal caregiving and compassionate caregiving visitors to nursing home residents during declared local or state health emergencies
SECTION 2802 - Approval of construction
SECTION 2802-A - Transitional care unit demonstration program
SECTION 2802-B - Health equity impact assessments
SECTION 2803 - Commissioner and council; powers and duties
SECTION 2803-A - Authority to contract
SECTION 2803-AA - Sickle cell disease information distribution
SECTION 2803-AA*2 - Nursing home infection control competency audit
SECTION 2803-B - Uniform reports and accounting systems for hospital costs
SECTION 2803-C - Rights of patients in certain medical facilities
SECTION 2803-C-1 - Rights of patients in certain medical facilities; long-term care ombudsman program
SECTION 2803-D - Reporting abuses of persons receiving care or services in residential health care facilities
SECTION 2803-E - Residential health care facilities; return and redistribution of unused medication
SECTION 2803-E*2 - Reporting incidents of possible professional misconduct
SECTION 2803-F - Respite projects
SECTION 2803-G - Board of visitors in county owned residential health care facility
SECTION 2803-H - Health related facility; pet therapy programs
SECTION 2803-I - General hospital inpatient discharge review program
SECTION 2803-J - Information for maternity patients
SECTION 2803-J*2 - Nursing home nurse aide registry
SECTION 2803-K - In-patient nasogastric feeding procedures
SECTION 2803-L - Community service plans
SECTION 2803-M - Discharge of hospital patients to adult homes
SECTION 2803-N - Hospital care for maternity patients
SECTION 2803-O - Hospital care for mastectomy, lumpectomy, and lymph node dissection patients
SECTION 2803-O-1 - Required protocols for fetal demise
SECTION 2803-P - Disclosure of information concerning family violence
SECTION 2803-Q - Family councils in residential health care facilities
SECTION 2803-R - Dissemination of information about the abandoned infant protection act
SECTION 2803-S - Access to product recall information
SECTION 2803-T - Preadmission information
SECTION 2803-U - Hospital substance use disorder policies and procedures
SECTION 2803-V - Lymphedema information distribution
SECTION 2803-V*2 - Standing orders for newborn care in a hospital
SECTION 2803-W - Independent quality monitors for residential health care facilities
SECTION 2803-W*2 - Disclosure of information concerning pregnancy complications
SECTION 2803-X - Requirements related to nursing homes and related assets and operations
SECTION 2803-Y - Provision of residency agreement
SECTION 2803-Z - Transfer, discharge and voluntary discharge requirements for residential health care facilities
SECTION 2803-Z*2 - Antimicrobial resistance prevention and education
SECTION 2804 - Units for hospital and health-related affairs
SECTION 2804-A - State task force on clinical practice guidelines and medical technology assessment
SECTION 2805 - Approval of hospitals; operating certificates
SECTION 2805-A - Disclosure of financial transactions
SECTION 2805-B - Admission of patients and emergency treatment of nonadmitted patients
SECTION 2805-C - Every private proprietary nursing home having a capacity of eighty patients or more may have a licensed medical doctor in attendance, upo...
SECTION 2805-D - Limitation of medical, dental or podiatric malpractice action based on lack of informed consent
SECTION 2805-E - Reports of residential health care facilities
SECTION 2805-F - Money deposited or advanced for admittance to nursing homes; waiver void; administration expenses
SECTION 2805-G - Maintenance of records
SECTION 2805-H - Immunizations
SECTION 2805-I - Treatment of sexual offense victims and maintenance of evidence in a sexual offense
SECTION 2805-J - Medical, dental and podiatric malpractice prevention program
SECTION 2805-K - Investigations prior to granting or renewing privileges
SECTION 2805-L - Adverse event reporting
SECTION 2805-M - Confidentiality
SECTION 2805-N - Child abuse prevention
SECTION 2805-O - Identification of veterans and their spouses by nursing homes, residential health care facilities, and adult care facilities
SECTION 2805-P - Emergency treatment of rape survivors
SECTION 2805-Q - Hospital visitation by domestic partner
SECTION 2805-R - Patients unable to verbally communicate
SECTION 2805-S - Circulating nurse required
SECTION 2805-T - Clinical staffing committees and disclosure of nursing quality indicators
SECTION 2805-U - Credentialing and privileging of health care practitioners providing telemedicine services
SECTION 2805-V - Observation services
SECTION 2805-W - Patient notice of observation services
SECTION 2805-X - Hospital-home care-physician collaboration program
SECTION 2805-Y - Identification and assessment of human trafficking victims
SECTION 2805-Z - Hospital domestic violence policies and procedures
SECTION 2806 - Hospital operating certificates; suspension or revocation
SECTION 2806-A - Temporary operator
SECTION 2806-B - Residential health care facilities; revocation of operating certificate
SECTION 2807 - Hospital reimbursement provisions; generally
SECTION 2807-A - General hospital nineteen hundred eighty-six and nineteen hundred eighty-seven inpatient rates and charges
SECTION 2807-AA - Nurse loan repayment program
SECTION 2807-B - Outstanding payments and reports due under subdivision eighteen of section twenty-eight hundred seven-c, sections twenty-eight hundred se...
SECTION 2807-C - General hospital inpatient reimbursement for annual rate periods beginning on or after January first, nineteen hundred eighty-eight
SECTION 2807-D - Hospital assessments
SECTION 2807-DD - Temporary nursing home stability contributions
SECTION 2807-D-1 - Hospital quality contributions
SECTION 2807-E - Uniform bills
SECTION 2807-F - Health maintenance organization payment factor
SECTION 2807-I - Service and quality improvement grants
SECTION 2807-J - Patient services payments
SECTION 2807-K - General hospital indigent care pool
SECTION 2807-L - Health care initiatives pool distributions
SECTION 2807-M - Distribution of the professional education pools
SECTION 2807-N - Palliative care education and training
SECTION 2807-O - Early intervention services pool
SECTION 2807-P - Comprehensive diagnostic and treatment centers indigent care program
SECTION 2807-R - Funding for expansion of cancer services
SECTION 2807-S - Professional education pool funding
SECTION 2807-T - Assessments on covered lives
SECTION 2807-U - Transfers for tax credits
SECTION 2807-V - Tobacco control and insurance initiatives pool distributions
SECTION 2807-W - High need indigent care adjustment pool
SECTION 2807-X - Grants for long term care demonstration projects
SECTION 2807-Y - Pool administration
SECTION 2807-Z - Review of eligible federally qualified health center capital projects
SECTION 2808 - Residential health care facilities; rates of payment
SECTION 2808-A - Liability of certain persons
SECTION 2808-B - Certification of financial statements and financial information
SECTION 2808-C - Reimbursement of general hospital inpatient services
SECTION 2808-D - Nursing home quality improvement demonstration program
SECTION 2808-E - Residential health care for children with medical fragility in transition to young adults and young adults with medical fragility demonst...
SECTION 2808-E*2 - Nursing home ratings
SECTION 2809 - Residential health care facilities; powers to require security
SECTION 2810 - Residential health care facilities; receivership
SECTION 2811 - Discounts and splitting fees with medical referral services; prohibited
SECTION 2812 - Construction
SECTION 2813 - Separability
SECTION 2814 - Health networks, global budgeting, and health care demonstrations
SECTION 2815 - Health facility restructuring program
SECTION 2815-A - Community health care revolving capital fund
SECTION 2816 - Statewide planning and research cooperative system
SECTION 2816-A - Cardiac services information
SECTION 2817 - Community health centers capital program
SECTION 2818 - Health care efficiency and affordability law of New Yorkers (HEAL NY) capital grant program
SECTION 2819 - Hospital acquired infection reporting
SECTION 2820 - Home based primary care for the elderly demonstration project
SECTION 2821 - State electronic health records (EHR) loan program
SECTION 2822 - Residential care off-site facility demonstration project
SECTION 2823 - Supportive housing development program
SECTION 2824 - Central service technicians
SECTION 2824*2 - Surgical technology and surgical technologists
SECTION 2825 - Capital restructuring financing program
SECTION 2825-A - Health care facility transformation program: Kings county project
SECTION 2825-B - Oneida county health care facility transformation program: Oneida county project
SECTION 2825-C - Essential health care provider support program
SECTION 2825-D - Health care facility transformation program: statewide
SECTION 2825-E - Health care facility transformation program: statewide II
SECTION 2825-F - Health care facility transformation program: statewide III
SECTION 2825-G - Health care facility transformation program: statewide IV
SECTION 2825-H - Health care facility transformation program: statewide V
SECTION 2826 - Temporary adjustment to reimbursement rates
SECTION 2827 - Plant-based food options
SECTION 2828 - Residential health care facilities; minimum direct resident care spending
SECTION 2828*2 - Essential support persons allowed for individuals with disabilities during a state of emergency
SECTION 2829 - Nursing homes; disclosure requirements
SECTION 2830 - Surgical smoke evacuation
SECTION 2830*2 - Regulation of the billing of facility fees

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