Bill Text: NY S05969 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to medically fragile young adults and pediatric specialized nursing facilities; allows for such young adults to remain in such facilities from age twenty-one until age thirty-six.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-07 - returned to senate [S05969 Detail]

Download: New_York-2023-S05969-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5969--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 23, 2023
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health --  recommitted  to
          the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT to amend the public health law, in relation to medically fragile
          young adults and pediatric specialized nursing facilities

          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  2831 to read as follows:
     3    § 2831. Medically fragile  young  adults.  1.  For  purposes  of  this
     4  section, "medically fragile young adults" shall have the same meaning as
     5  the  term  "medically  fragile  children"  as  set  forth in subdivision
     6  three-a of section thirty-six hundred fourteen of this chapter and shall
     7  include medically fragile young adults who currently reside at a  pedia-
     8  tric specialized nursing facility and are over twenty-one years of age.
     9    2.  The  department  shall  promulgate  rules and regulations to allow
    10  medically fragile young adults who reside in pediatric specialized nurs-
    11  ing facilities to remain at such facilities after reaching  the  age  of
    12  twenty-one  and until they reach the age of thirty-six.  Unless a higher
    13  reimbursement rate  is  expressly  authorized  by  the  department,  the
    14  reimbursement  rate  and  methodology  for  such medically fragile young
    15  adults shall remain the same as it was prior to reaching age  twenty-one
    16  and  shall  include  a  daily  per diem rate and coverage for bed holds.
    17  Medicaid reimbursement for this population  for  reserved  beds  due  to
    18  hospitalization  and  for therapeutic and hospice leaves of absence must
    19  remain at one hundred percent of the Medicaid rate of medically  fragile
    20  children, without any daily limit for this population.
    21    § 2. This act shall take effect on the one hundred twentieth day after
    22  it  shall have become a law. Effective immediately, the addition, amend-
    23  ment and/or repeal of any rule or regulation necessary for the implemen-
    24  tation of this act on its effective date are authorized to be  made  and
    25  completed on or before such date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08318-02-4