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2006 Health, Medicaid, and Long Term Care

Long-Term Care

Chapter 588:

Amends the Public Health Law to authorize the establishment an all-inclusive pilot program for children with life-limiting illnesses. Adds that the program will allow services to be provided by a licensed, certified hospice, working jointly with a certified home health agency, or by a certified home health agency working jointly with a licensed, certified hospice. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Chapter 633:

Amends the Public Health Law to establish a home-based primary care for the elderly demonstration program within the Department of Health. Stipulates that the purpose of the program is to determine the effectiveness of providing home-based primary care services to elderly patients as part of an integrated program of long-term care services. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006 and expires on January 1, 2011.

Chapter 700:

Amends the Public Health Law to increase the number of Continuing Care Retirement Community (CCRC) beds in the State and makes technical changes regarding CCRCs. This Chapter became effective immediately when the Governor signed it into law on September 13, 2006.

Medicaid

Chapter 176:

Amends the Public Health Law to extend Medicaid to persons with breast, cervical, colon, or prostate cancer who have an income of 250% or less of the federal poverty level. Further provides Medicaid presumptive eligibility guidelines for such individuals. This Chapter becomes effective on April 1, 2007.

S.6410: Veto 1, Overridden by both Houses, but not yet Chaptered

Amends the Public Health Law to provide for emergency prescription drug benefits, in certain circumstances, under Medicaid during the implementation of the Federal Medicare Part D program.

Chapter 442:

Amends the Public Health Law, Insurance Law, Social Services Law, Penal Law, Criminal Procedure Law, and the Executive Law to establish an independent Office of Medicaid Inspector General within the Department of Health. Sets forth the powers and duties of the July 26, 2006, however certain specific sections of the Chapter have delayed effective dates. Section 6 of this Chapter regarding advisory opinions of the Medicaid Inspector General is effective as of September 24, 2006. Sections 9, 10, 11, 14 and 15 of this Chapter amending the Penal Law, Labor Law and Criminal Procedure Law regarding health care fraud are effective as of November 1, 2006. Section 4 of this Chapter instituting a provider compliance program will become effective on January 1, 2007.

Chapter 57 and Chapter 109:

Amends the Social Services Law as part of the 2006-2007 Health and Mental Hygiene Budget to enact language regarding asset transfers for Medicaid eligibility in conformance with the Federal Deficit Reduction Act of 2005 (DRA). Provides that, effective April 1, 2006, all Medicaid applications for long term institutional care (nursing home care) will take into account all asset transfers make after February 8, 2006. Imposes a 60-month look-back period on all asset transfers and Medicaid trusts. Applicants will now incur a penalty period running from the date of application, and not the date of transfer. Also includes language consistent with the Federal DRA regarding the implementation and use of a hardship waiver process for certain qualifying applicants. Further Provides for a homestead exemption of up to $750,000 of an individual’s equity interest in a home for an individual applying for Medicaid for nursing home care and other long term care services (including home care) as authorized by the Federal DRA. *The accompanying budget appropriation language imposes the same new asset transfer rules to Medicaid applicants for home care services, but such requirements for home care will expire on March 31, 2007.

Public Health

Chapter 573:

Amends the Public Health Law to establish certain restrictions on the use, by persons under the age of 18, of ultraviolet radiation devices at tanning salons. This Chapter is effective on November 14, 2006.

Chapter 189:

Amends the Public Health Law to require immunization against pneumococcal disease (pneumonia) of every child in New York State born on and after January 1, 2008, beginning with enrollment in any public, private or parochial child caring center, day nursery, day care agency, nursery school. This chapter became effective immediately when the Governor signed it into law on July 26, 2006 and applies to all children born on and after January 1, 2008.

Chapter 614:

Amends the Public Health Law to establish the "State Emergency Medical Services for Children Act", requiring timely and effective pediatric emergency medical care, trauma care, and disaster care be available to all children within the State of New York. This chapter became effective immediately when the Governor signed it into law on August 16, 2006.

Chapter 266:

Amends the Public Health Law to require all general hospitals in the State to offer vaccination against influenza and pneumococcal disease to persons age 65 years or older who are admitted into the hospital. This Chapter is effective on October 24, 2006.

Chapter 84:

Amends the Public Health Law making permanent the health care practitioner volunteer program established in Schenectady County, which permits the use of certain retired health care practitioners to provide health services to low-income individuals. This chapter became effective immediately when the Governor signed it into law on June 7, 2006.

Chapter 683:

Amends the Public Health Law to require places of public assembly to maintain an automated external defibrillator, and to have at least one employee who is trained in its use. This Chapter is will become effective on September 13, 2007.

Chapter 506:

Amends the Public Health Law to require children born after January 1, 1994 to have booster vaccinations for diphtheria, tetanus, and pertussis upon entering 6th grade. This Chapter becomes effective on September 1, 2007.

Chapter 544:

Amends the Public Health Law to establish within the Department of Health, a statewide immunization registry to collect, store, and disclose the electronic and paper records of vaccinations administered to persons under 19 years of age. This chapter is effective on December 1, 2006.

Chapter 457:

Amends the Public Health Law to conform the New York State scheduling of Controlled Substances to the Federal scheduling of Controlled Substances, as listed in the Code of Federal Regulations. This Chapter became effective immediately when the Governor signed it into law on August 16, 2006.

 

 

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Revised: October 30, 2006 .