Bill Text: NY S04918 | 2011-2012 | General Assembly | Amended

New York Senate Bill 4918 (Prior Session Legislation)

Bill Title: Provides for the payment of capitated rates for services provided by assisted living programs, whether free-standing or not.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-06-20 - SUBSTITUTED BY A8248 [S04918 Detail]

Download: New_York-2011-S04918-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4918--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 29, 2011
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health -- reported favora-
         bly from said committee and committed to the Committee on  Finance  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the public health law, in relation to capitated rates of
         payment for services provided by assisted living programs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Paragraphs (a) and (b) of subdivision 6 of section 3614 of
    2  the public health law, paragraph (a) as amended by section 17 of part  D
    3  of  chapter 58 of the laws of 2009 and paragraph (b) as added by chapter
    4  645 of the laws of 2003, is amended to read as follows:
    5    (a) The commissioner shall, subject  to  the  approval  of  the  state
    6  director  of  the  budget,  establish  capitated  rates  of  payment for
    7  services provided by assisted living programs as  defined  by  paragraph
    8  (a) of subdivision one of section four hundred sixty-one-l of the social
    9  services  law.  Such rates of payment shall be related to costs incurred
   10  by residential health care facilities. The rates shall reflect  (I)  the
   11  wage equalization factor established by the commissioner for residential
   12  health  care  facilities  in  the  region  in  which the assisted living
   13  program is provided, and  (II) real property capital construction  costs
   14  associated  with the construction of (A) a free-standing assisted living
   15  program, OR (B) OTHER ASSISTED LIVING PROGRAMS FOR WHICH THE COMMISSION-
   16  ER DETERMINES THAT SUCH REAL PROPERTY CAPITAL CONSTRUCTION COST  ADJUST-
   17  MENT  WOULD  PROVIDE  NET  FISCAL  SAVINGS TO THE STATE; such rate shall
   18  include a payment equal to the cost of interest  owed  and  depreciation
   19  costs  of  such construction. The rates shall also reflect the efficient
   20  provision of a quality and quantity of  services  to  patients  in  such
   21  residential  health  care facilities, with needs comparable to the needs
   22  of residents served in such assisted  living  programs.  Such  rates  of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11023-03-1
       S. 4918--A                          2
    1  payment  shall  be equal to fifty percent of the amounts which otherwise
    2  would have been expended, based upon the mean prices for  the  first  of
    3  July,  nineteen  hundred  ninety-two (utilizing nineteen hundred eighty-
    4  three  costs)  for  freestanding,  low intensity residential health care
    5  facilities with less than three hundred beds, and for  years  subsequent
    6  to  nineteen  hundred  ninety-two,  adjusted for inflation in accordance
    7  with the provisions of subdivision ten of section  twenty-eight  hundred
    8  seven-c  of  this  chapter, to provide the appropriate level of care for
    9  such residents in residential health care facilities in  the  applicable
   10  wage  equalization  factor  regions  plus  an  amount  equal  to capital
   11  construction costs associated  with  the  construction  of  an  assisted
   12  living program facility as provided for in this subdivision.
   13    (b)   For   purposes   of  this  subdivision,  real  property  capital
   14  construction costs shall only  be  included  in  rates  of  payment  for
   15  assisted  living programs if: (i) the facility is operated by a not-for-
   16  profit corporation; (ii) the facility commenced operation after nineteen
   17  hundred ninety-eight and at least ninety-five percent of  the  certified
   18  approved  ADULT CARE FACILITY beds, AS APPLICABLE, are provided to resi-
   19  dents who are subject to the assisted living  program;  and  (iii)  WITH
   20  RESPECT  TO  AN ASSISTED LIVING PROGRAM UNDER CLAUSE (A) OF SUBPARAGRAPH
   21  (II) OF PARAGRAPH (A) OF THIS SUBDIVISION, the assisted  living  program
   22  is  in  a  county  with  a population of no less than two hundred eighty
   23  thousand persons.  The methodology used to calculate the rate  for  such
   24  capital  construction costs shall be the same methodology used to calcu-
   25  late the capital construction costs at residential health  care  facili-
   26  ties for such costs.
   27    S 2. This act shall take effect immediately.