Bill Text: NY A07560 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides for the calculation and analysis of certain health center costs.

Spectrum: Strong Partisan Bill (Democrat 37-3)

Status: (Introduced) 2024-05-16 - print number 7560a [A07560 Detail]

Download: New_York-2023-A07560-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7560--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

        Introduced  by  M.  of A. PAULIN, L. ROSENTHAL, SIMON, GUNTHER, BURDICK,
          RIVERA, SIMONE, RAGA, BRONSON, ARDILA, DICKENS, SHIMSKY, STECK, SHRES-
          THA, HEVESI, McDONALD, KELLES, MAMDANI, FAHY, LEVENBERG, DAVILA, LUNS-
          FORD,  JEAN-PIERRE,  GIBBS,  EACHUS,   DINOWITZ,   BEEPHAN,   DARLING,
          BICHOTTE HERMELYN,  REYES,  MEEKS,  SOLAGES, BLANKENBUSH, THIELE, KIM,
          LEMONDES, LAVINE, ROZIC -- read once and referred to the Committee  on
          Health  --  recommitted  to the Committee on Health in accordance with
          Assembly Rule 3, sec. 2 -- reported and referred to the  Committee  on
          Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the public health law, in relation to  federally  quali-
          fied health center rate adequacy

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (b) of subdivision  8  of  section  2807  of  the
     2  public  health law, as added by section 28 of part B of chapter 1 of the
     3  laws of 2002, is amended to read as follows:
     4    (b) For each twelve month period following  September  thirtieth,  two
     5  thousand  one  and  continuing through September thirtieth, two thousand
     6  twenty-five, the operating cost component of such rates of payment shall
     7  reflect the operating cost component in effect on September thirtieth of
     8  the prior period as increased by the percentage increase in the Medicare
     9  Economic Index as computed in accordance with the requirements of 42 USC
    10  § 1396a(aa)(3) and as adjusted pursuant  to  applicable  regulations  to
    11  take  into  account  any  increase  or decrease in the scope of services
    12  furnished by the facility.   For  each  twelve  month  period  following
    13  September thirtieth, two thousand twenty-five, the operating cost compo-
    14  nent  shall  be  calculated consistent with rates of payment established
    15  pursuant to paragraph (c-1)  of  this  subdivision,  and  then  annually
    16  adjusted  by  using  the FQHC Market Basket inflator as calculated under
    17  federal law, and as adjusted pursuant to applicable regulations to  take

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11404-05-4
        A. 7560--A                          2

     1  into account any increase or decrease in the scope of services furnished
     2  by the facility.
     3    § 2. Subdivision 8 of section 2807 of the public health law is amended
     4  by adding a new paragraph (c-1) to read as follows:
     5    (c-1)  As  soon as practicable the department shall analyze the actual
     6  federally qualified health center costs filed as required by  department
     7  regulations,  during the prior five year reporting periods.  In addition
     8  to such data, the commissioner shall consider, the  scope  of  services,
     9  including type, intensity, duration and amount, provided by such facili-
    10  ties;  staffing  to  meet competitive market and case mix needs of popu-
    11  lations served; physical plant and  maintenance  costs,  infrastructure;
    12  technology  costs  associated with telehealth modality of service deliv-
    13  ery; informational technology costs; and other costs deemed necessary by
    14  the commissioner.   Notwithstanding any other statute,  rule,  or  regu-
    15  lation  otherwise  imposing  ceilings  or  caps on payments to federally
    16  qualified health centers, provided that such payments are still  subject
    17  to  federal financial participation, beginning on April first, two thou-
    18  sand twenty-five, the department shall develop and issue  updated  rates
    19  of payments reflecting the actual costs and updated aggregated data.
    20    § 3.  This act shall take effect immediately.