Bill Text: NY S07248 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides that such rates of payment shall be updated to reflect the most current mean price for free-standing residential health care facilities with less than three hundred beds each time that the cost basis of residential health care facility rates is updated.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-05-22 - PRINT NUMBER 7248A [S07248 Detail]

Download: New_York-2023-S07248-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7248--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 19, 2023
                                       ___________

        Introduced  by  Sens.  COONEY, ASHBY, CLEARE, GALLIVAN -- 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 certain rates of
          payment for services provided by assisted living programs

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a)  of  subdivision  6 of section 3614 of the
     2  public health law, as amended by section 4-a of part D of chapter 56  of
     3  the laws of 2012, is amended to read as follows:
     4    (a)  The  commissioner  shall,  subject  to  the approval of the state
     5  director of  the  budget,  establish  capitated  rates  of  payment  for
     6  services  provided  by  assisted living programs as defined by paragraph
     7  (a) of subdivision one of section four hundred sixty-one-l of the social
     8  services law.  Such rates of payment shall be related to costs  incurred
     9  by  residential health care facilities. The rates shall reflect the wage
    10  equalization factor established  by  the  commissioner  for  residential
    11  health  care  facilities  in  the  region  in  which the assisted living
    12  program is provided and real property capital construction costs associ-
    13  ated with the construction of a free-standing  assisted  living  program
    14  such rate shall include a payment equal to the cost of interest owed and
    15  depreciation  costs  of  such construction. The rates shall also reflect
    16  the efficient provision  of  a  quality  and  quantity  of  services  to
    17  patients in such residential health care facilities, with needs compara-
    18  ble  to  the needs of residents served in such assisted living programs.
    19  Such rates of payment shall be equal to fifty  percent  of  the  amounts
    20  which  otherwise  would have been expended, based upon the [mean prices]
    21  costs for [the first of July,  nineteen  hundred  ninety-two  (utilizing
    22  nineteen  hundred  eighty-three  costs)]  two  thousand twenty-three for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11563-03-4
        S. 7248--A                          2

     1  freestanding[, low intensity] residential health  care  facilities  with
     2  less  than  three  hundred  beds[,  and for years subsequent to nineteen
     3  hundred ninety-two,] adjusted  for  inflation  in  accordance  with  the
     4  provisions of subdivision ten of section twenty-eight hundred seven-c of
     5  this  chapter,  to  provide the appropriate level of care for such resi-
     6  dents in residential health  care  facilities  in  the  applicable  wage
     7  equalization factor regions plus an amount equal to capital construction
     8  costs  associated  with  the  construction of an assisted living program
     9  facility as provided for in this  subdivision.  Such  rates  of  payment
    10  shall  be updated to reflect the most current mean price for free-stand-
    11  ing residential health care facilities with less than three hundred beds
    12  each time that the cost basis of residential health care facility  rates
    13  is  updated. The commissioner shall also promulgate regulations, and may
    14  promulgate emergency regulations, to provide for  reimbursement  of  the
    15  cost  of  preadmission assessments conducted directly by assisted living
    16  programs.
    17    § 2. This act shall take effect April 1, 2025.