Bill Text: NY A05685 | 2021-2022 | General Assembly | Amended
Bill Title: Requires nursing homes to spend at least the resident care amount necessary to achieve a required resident care percentage and a sufficient direct care service amount so it does not have a direct care service deficit.
Spectrum: Partisan Bill (Democrat 50-2)
Status: (Engrossed - Dead) 2022-01-25 - enacting clause stricken [A05685 Detail]
Download: New_York-2021-A05685-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5685--A 2021-2022 Regular Sessions IN ASSEMBLY February 23, 2021 ___________ Introduced by M. of A. GOTTFRIED, GUNTHER, GALEF, CLARK, TAYLOR, PAULIN, ABINANTI, BICHOTTE HERMELYN, McDONALD, HEVESI, BRONSON, WALLACE, STECK, DINOWITZ, THIELE, PERRY, JACOBSON, ENGLEBRIGHT, JACKSON, CUSICK, ANDERSON, SIMON, BARRETT, SILLITTI, COOK, COLTON, McMAHON, AUBRY, RICHARDSON, FORREST, KELLES, BUTTENSCHON, SANTABARBARA, DURSO -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to establishing a required resident care spending ratio for nursing homes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2805-aa to read as follows: 3 § 2805-aa. Nursing home resident care ratio. 1. As used in this 4 section, the following terms have the following meanings: 5 (a) "Resident care" means: (i) direct care provided by certified nurse 6 aides, licensed practical nurses, and registered nurses; (ii) support 7 services including housing, laundry, housekeeping, food service, nurse 8 administration, activity program, social services and transportation as 9 identified in reports required by the department; (iii) ancillary 10 program services including medical, dental, podiatric and laboratory 11 services, inhalation and other physical, mental, occupational therapeu- 12 tics as identified in reports required by the department; and (iv) 13 program services for residents including personal grooming, as identi- 14 fied in reports required by the department. Resident care does not 15 include administrative costs (other than nurse administration), capital 16 costs, rent, or debt service. 17 (b) "Resident care amount" means the amount spent by the nursing home 18 for care of residents of the nursing home; provided that for any amount EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09825-03-1A. 5685--A 2 1 spent for contracted or purchased personal services, only eighty percent 2 of that amount shall count as spending on resident care. 3 (c) "Total operating revenue" means the revenue received by the nurs- 4 ing home from or on behalf of residents of the nursing home, government 5 payers, or third-party payers, to pay for a resident's occupancy of the 6 nursing home, resident care, and the operation of the nursing home. 7 (d) "Required resident care percentage" means the ratio of a nursing 8 home's resident care amount to its total operating revenue, required by 9 subdivision two of this section. 10 (e) "Resident care deficit" means the amount, in dollars, by which the 11 nursing home's resident care amount is less than the required resident 12 care percentage. 13 (f) "Direct care service" means the amount, in dollars, spent on 14 direct care by certified nurse aides, licensed practical nurses, and 15 registered nurses which shall be at least sixty percent of the required 16 resident care percentage. 17 2. Every nursing home shall, in every calendar year, spend at least 18 (a) the resident care amount necessary to achieve the required resident 19 care percentage and (b) the sufficient direct care service amount. For 20 the calendar year two thousand twenty-two, and every year thereafter, 21 the required resident care percentage shall be seventy percent. 22 3. For any calendar year in which a nursing home has a resident care 23 deficit or direct care service deficit, it shall pay to the department 24 an amount equal to the deficit, payable in a manner and time determined 25 by the commissioner in regulations. Where a nursing home does not pay as 26 required by this subdivision, the commissioner shall sue (represented by 27 the state attorney general) the nursing home to obtain the unpaid 28 amount, or deduct the unpaid amount from medical assistance payments 29 otherwise due to the nursing home, or a combination of those methods. 30 Moneys so collected shall be transferred to the nursing home quality 31 improvement demonstration program, to be used under subdivision six of 32 section twenty-eight hundred eight-d of this article in support of 33 projects or programs designed to improve specific areas of quality of 34 care. 35 4. For purposes of this section, a nursing home's spending, revenue 36 and percentages of various amounts shall be calculated on an accrual 37 basis, under regulations of the commissioner. 38 5. The commissioner shall make regulations, make medical assistance 39 state plan amendments, seek waivers from the federal centers for Medi- 40 care and Medicaid services, and take other actions reasonably necessary 41 to implement this section. 42 6. The commissioner shall, by regulations and otherwise, make sure 43 that reports by nursing homes under section twenty-eight hundred five-e 44 of this article include information as to all items referred to in this 45 section and organize that information consistent with the terms of this 46 section. 47 § 2. This act shall take effect immediately.
