Bill Text: NY S05833 | 2011-2012 | General Assembly | Introduced
Bill Title: Chapter amendment to S. 5644 and A. 8306, to direct the commissioner of health to seek federal approvals for use of certified public expenditures for certain payments to public general hospitals on behalf of recipients of medical assistance.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-08-03 - SIGNED CHAP.386 [S05833 Detail]
Download: New_York-2011-S05833-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5833
2011-2012 Regular Sessions
I N S E N A T E
June 20, 2011
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend chapter 474 of the laws of 1996, amending the education
law and other laws relating to rates for residential health care
facilities, in relation to utilization of certified public expendi-
tures for certain payments to public general hospitals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 213 of chapter 474 of the laws of 1996, amending
2 the education law and other laws relating to rates for residential
3 health care facilities, as amended by a chapter of the laws of 2011
4 amending chapter 474 of the laws of 1996 amending the education law and
5 other laws relating to rates for residential health care facilities,
6 relating to payments by social services districts for public general
7 hospitals, as proposed in legislative bills numbers S.5644 and A.8306,
8 is amended and a new section 214-a is added to read as follows:
9 S 213. Notwithstanding any inconsistent provision of law or regu-
10 lation to the contrary, the social services district in which an eligi-
11 ble public general hospital is physically located shall be responsible
12 for the payments for such public general hospital as determined in
13 accordance with sections two hundred eleven and two hundred twelve of
14 this act for all hospital services provided by such public general
15 hospital in accordance with section 365-a of the social services law,
16 regardless of whether another social services district or the department
17 of social services may otherwise be responsible for furnishing medical
18 assistance to the eligible persons receiving such services. To the
19 extent permitted by the federal Centers for Medicare and Medicaid
20 Services, the social services district's responsibility for payments may
21 be fulfilled through public expenditures certified by the eligible
22 public general hospital located in the social services district as meet-
23 ing the requirements for the payments authorized by sections two hundred
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13210-01-1
S. 5833 2
1 eleven and two hundred twelve of this act AND AS OTHERWISE PROVIDED IN
2 ACCORDANCE WITH SECTION TWO HUNDRED FOURTEEN-A OF THIS ACT.
3 S 214-A. 1. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW AND SUBJECT
4 TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, EFFECTIVE FOR
5 PERIODS ON OR AFTER JULY 1, 2011, THE COMMISSIONER OF HEALTH IS AUTHOR-
6 IZED TO SEEK ALL NECESSARY FEDERAL APPROVALS TO UTILIZE CERTIFIED PUBLIC
7 EXPENDITURES (HEREINAFTER REFERRED TO IN THIS SECTION AS "CPE") WITH
8 REGARD TO PAYMENTS MADE TO GENERAL HOSPITALS PURSUANT TO SECTIONS TWO
9 HUNDRED ELEVEN AND TWO HUNDRED TWELVE OF THIS ACT, FOR THE PURPOSE OF
10 RECOGNIZING OTHERWISE UN-REIMBURSED ALLOWABLE MEDICAL ASSISTANCE COSTS
11 PURSUANT TO TITLE 11 OF ARTICLE 5 OF THE SOCIAL SERVICES LAW FOR
12 PATIENTS ELIGIBLE FOR FEDERAL FINANCIAL PARTICIPATION UNDER TITLE XIX OF
13 THE FEDERAL SOCIAL SECURITY ACT. SUCH CPES MAY BE UTILIZED WITH REGARD
14 TO PAYMENTS MADE PURSUANT TO SECTIONS TWO HUNDRED ELEVEN AND TWO HUNDRED
15 TWELVE OF THIS ACT TO OR ON BEHALF OF PUBLIC GENERAL HOSPITALS. GENERAL
16 PUBLIC HOSPITALS SEEKING TO UTILIZE CPES FOR MEDICAID PAYMENT PURPOSES
17 SHALL PROVIDE SUCH DOCUMENTATION AND SUPPORTING DATA AS THE COMMISSIONER
18 OF HEALTH DEEMS NECESSARY. THE FEDERAL MATCHING FUNDS RECEIVED FOR
19 APPROVED CPES PURSUANT TO THIS SECTION SHALL BE REMITTED TO THE GENERAL
20 PUBLIC HOSPITAL WHOSE EXPENDITURES FORMED THE BASIS FOR SUCH CPE.
21 FURTHER, THE AMOUNT OF SUCH CPES SHALL BE EXCLUDED FROM ALL CALCULATIONS
22 MADE PURSUANT TO SECTION 1 OF PART C OF CHAPTER 58 OF THE LAWS OF 2005.
23 THE COMMISSIONER OF HEALTH MAY PROMULGATE REGULATIONS, INCLUDING EMER-
24 GENCY REGULATIONS, TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
25 2. FULFILLMENT OF THE SOCIAL SERVICES DISTRICT RESPONSIBILITY FOR
26 FUNDING OF THE NON-FEDERAL SHARE OF ANY PAYMENTS PURSUANT TO THIS
27 SECTION SHALL BE DEEMED TO BE VOLUNTARY FOR PURPOSES OF THE INCREASED
28 FEDERAL MEDICAL ASSISTANCE PERCENTAGE PROVISIONS OF THE AMERICAN RECOV-
29 ERY AND REINVESTMENT ACT OF 2009; PROVIDED HOWEVER THAT, IN THE EVENT
30 THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES DETERMINES THAT
31 SUCH NON-FEDERAL SHARE PAYMENTS ARE NOT VOLUNTARY PAYMENTS FOR PURPOSES
32 OF SUCH ACT OR OTHERWISE DISALLOWS FEDERAL FINANCIAL PARTICIPATION IN
33 SUCH PAYMENTS, THE PROVISIONS OF THIS SECTION SHALL BE NULL AND VOID AND
34 PAYMENTS MADE PURSUANT TO THIS SECTION SHALL BE RECOUPED BY THE COMMIS-
35 SIONER OF HEALTH.
36 S 2. This act shall take effect on the same date and in the same
37 manner as a chapter of the laws of 2011 amending chapter 474 of the laws
38 of 1996 amending the education law and other laws relating to rates for
39 residential health care facilities, relating to payments for social
40 services districts for public general hospitals, as proposed in legisla-
41 tive bills numbers S.5644 and A.8306, takes effect.
