* 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
Last modified: February 3, 2019