2014 New York Laws
PBH - Public Health
Article 28 - (2800 - 2826) 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; provided  that  the  commissioner  may
  also  authorize  such  programs  without  such  rate  adjustments,  upon
  application by providers, to promote the health  occupation  development
  and  workplace improvement purposes specified in this section. 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  or  the  social  services  law  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, or such longer period as may be necessary to  support  the
  purposes  of  the  demonstration  program.  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,  on  January  first,  two
  thousand   thirteen,   and  biennially  thereafter.  To  facilitate  the
  commissioner's evaluations and reports,  providers  implementing  health
  occupation   development  and  workplace  demonstration  programs  shall
  examine the effectiveness of their program and report their  experiences
  to the commissioner.

* NB Effective until July 1, 2017
*     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, 2017