2010 New York Code
PBH - Public Health
Article 28 - (2800 - 2822) HOSPITALS
2807-H - Health occupation development and workplace demonstration programs.

* §  2807-h. Health occupation development and workplace demonstration
  programs.  1.  The  commissioner  shall  authorize   health   occupation
  development and workplace demonstration programs and is directed to make
  rate  adjustments,  subject  to  the  availability of funds therefor, to
  cover the costs of such programs. Providers shall be eligible  for  rate
  adjustments  to  develop,  implement  and  evaluate programs to test new
  models of organization and delivery of services,  and  the  use  of  new
  technologies  to  improve  efficiency,  utilization  and productivity of
  existing health care personnel; to reduce time that patient  care  staff
  spend meeting documentation requirements; and to improve the recruitment
  and retention of health personnel. Eligible providers shall consult with
  staff,    professional   associations,   unions   and   other   affected
  organizations in the  development  of  proposals.  The  commissioner  is
  authorized  to  waive,  modify  or  suspend the respective provisions of
  rules and regulations  promulgated  pursuant  to  this  chapter  if  the
  commissioner  determines that such waiver, modification or suspension is
  necessary for the successful implementation of a  demonstration  program
  and  provided  that  the commissioner determines that the health, safety
  and  general  welfare  of  people  receiving  health  care  under   such
  demonstration  program  will not be impaired as a result of such waiver,
  modification or suspension. The  commissioner  shall  consult  with  the
  professional associations appropriate to the rule or regulation proposed
  for  waiver, modification or suspension prior to approval or disapproval
  of the program. Such waiver, modification or suspension may  be  granted
  for  up  to  two  years.  Waivers, modifications and suspensions granted
  under this subdivision must be specific to the program approved by  this
  subdivision.
    2. The following factors shall be considered in approving a program:
    (a)  the  potential  for  replicating  the  proposed  program in other
  facilities;
    (b) the extent to which organizations seeking approval  to  operate  a
  program under this subdivision sought the direct participation of health
  care  workers,  and any collective bargaining unit which represents such
  workers, in the development of the proposal;
    (c) the impact the proposed program would have on the  recruitment  of
  and  retention  of  health  care workers, and the effective and improved
  utilization of the existing workforce;
    (d) the extent to which the proposal would improve the quality of care
  provided to patients; and
    (e)  the  extent  to  which  the  proposal   promotes   and   improves
  collaboration among health care personnel.
    3. The commissioner shall conduct evaluations of the health occupation
  development  and  workplace  demonstration programs and shall report his
  findings to the governor and the  chairs  of  the  senate  and  assembly
  committees  on  health. Such evaluations shall include an examination of
  the effectiveness of the program to  improve  productivity,  efficiency,
  development  and  utilization  of personnel. Such report shall be due on
  April thirtieth, nineteen hundred ninety-five.
    * NB Effective until July 1, 2011
    * §   2807-bbb.   Health   occupation   development   and    workplace
  demonstration  programs.  Subject  to  the  availability  of  funds, the
  provisions of clause (B) of  subparagraph  (iii)  of  paragraph  (e)  of
  subdivision  one of section twenty-eight hundred seven-c of this article
  shall apply to diagnostic and treatment centers.
    * NB Effective July 1, 2011