Bill Text: NY A06414 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the calculation of the rates of payment for adult day health care services provided by residential health care facilities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A06414 Detail]
Download: New_York-2011-A06414-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6414
2011-2012 Regular Sessions
I N A S S E M B L Y
March 16, 2011
___________
Introduced by M. of A. TOWNS, STEVENSON -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the rates of
payment for services provided by residential health care facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraph (i) of paragraph (a) of subdivision 23 of
2 section 2808 of the public health law, as added by section 29 of part C
3 of chapter 109 of the laws of 2006, is amended to read as follows:
4 (i) For adult day health care services provided by residential health
5 care facilities, effective April first, two thousand seven and thereaft-
6 er, the operating component of the rate of payment established pursuant
7 to this article for an adult day health care program which has achieved
8 an occupancy percentage of ninety percent or greater for a calendar year
9 prior to April first, two thousand seven, AND HAS NOT EXPANDED THE
10 AMOUNT OF GROSS PHYSICAL PLANT SPACE AVAILABLE FOR AN ADULT HEALTH CARE
11 SERVICE PROGRAM UNDER THE TERMS OF A VALID LEASE BY MORE THAN
12 TWENTY-FIVE PERCENT PRIOR TO CALENDAR YEAR TWO THOUSAND FOUR, shall be
13 calculated utilizing allowable costs reported in the two thousand four,
14 two thousand five, or two thousand six calendar year residential health
15 care facility cost report filed by the sponsoring residential health
16 care facility, whichever is the earliest of such calendar year cost
17 reports in which the program has achieved an occupancy percentage of
18 ninety percent or greater, except that programs receiving rates of
19 payment based on allowable costs for a period prior to April first, two
20 thousand seven shall continue to receive rates of payment based on such
21 period.
22 S 2. Subparagraph (ii) of paragraph (a) of subdivision 23 of section
23 2808 of the public health law, as amended by chapter 591 of the laws of
24 2007, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09529-01-1
A. 6414 2
1 (ii) For such programs which achieved an occupancy percentage of nine-
2 ty percent or greater prior to calendar year two thousand four, so long
3 as approved capacity in that year is the same as in calendar year two
4 thousand four, OR SO LONG AS THE PROGRAM HAS NOT EXPANDED THE AMOUNT OF
5 GROSS PHYSICAL PLANT SPACE AVAILABLE FOR AN ADULT HEALTH CARE SERVICE
6 PROGRAM UNDER THE TERMS OF A VALID LEASE BY MORE THAN TWENTY-FIVE
7 PERCENT PRIOR TO CALENDAR YEAR TWO THOUSAND FOUR, but which did not
8 maintain occupancy of ninety percent or greater in calendar years two
9 thousand four, two thousand five, or two thousand six, the operating
10 component of the rate of payment established pursuant to this article
11 shall be calculated utilizing allowable costs reported in the two thou-
12 sand four calendar year cost report divided by visits imputed at ninety
13 percent occupancy.
14 S 3. This act shall take effect immediately and shall be deemed to
15 have been in full force and effect on and after April 1, 2008.
