S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                       10094--A
                                 I N  A S S E M B L Y
                                      May 3, 2012
                                      ___________
       Introduced by M. of A. RUSSELL, GUNTHER -- 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 payments to  rural
         hospitals designated as critical access hospitals
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2-a of section 2807 of the public health law is
    2  amended by adding a new paragraph (j) to read as follows:
    3    (J) NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  SUBDIVISION  OR  ANY
    4  OTHER  PROVISION OF LAW TO THE CONTRARY AND, SUBJECT TO AN APPROPRIATION
    5  THEREFOR, ON AND AFTER APRIL FIRST,  TWO  THOUSAND  THIRTEEN,  RATES  OF
    6  PAYMENT   FOR   DIAGNOSTIC  AND  TREATMENT  CENTER  SERVICES,  EMERGENCY
    7  SERVICES, GENERAL  HOSPITAL  OUTPATIENT  SERVICES,  AMBULATORY  SURGICAL
    8  SERVICES  AND REFERRED AMBULATORY SERVICES, PROVIDED BY A RURAL HOSPITAL
    9  DESIGNATED AS A CRITICAL ACCESS HOSPITAL IN ACCORDANCE WITH TITLE  XVIII
   10  OF  THE  FEDERAL  SOCIAL  SECURITY ACT SHALL BE EQUAL TO ONE HUNDRED ONE
   11  PERCENT OF THE REASONABLE COSTS OF A FACILITY IN PROVIDING SUCH SERVICES
   12  TO PATIENTS ELIGIBLE FOR PAYMENTS MADE IN ACCORDANCE WITH THIS  SUBDIVI-
   13  SION.  REASONABLE  COSTS SHALL BE DETERMINED IN A MANNER CONSISTENT WITH
   14  THAT USED TO DETERMINE PAYMENT FOR OUTPATIENT CRITICAL  ACCESS  HOSPITAL
   15  SERVICES  PROVIDED TO BENEFICIARIES OF TITLE XVIII OF THE FEDERAL SOCIAL
   16  SECURITY ACT. FOR FACILITIES  WITHOUT  ADEQUATE  COST  EXPERIENCE,  SUCH
   17  RATES  SHALL  BE  BASED  ON  BUDGETED COSTS SUBSEQUENTLY ADJUSTED TO ONE
   18  HUNDRED ONE PERCENT OF REASONABLE ACTUAL COSTS.
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08758-08-2