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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7248

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 19, 2023
                                       ___________

        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        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-two for  free-
    23  standing[,  low  intensity] residential health care facilities with less
    24  than three hundred beds[, and for years subsequent to  nineteen  hundred
    25  ninety-two,] adjusted for inflation in accordance with the provisions of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11563-01-3
        S. 7248                             2

     1  subdivision ten of section twenty-eight hundred seven-c of this chapter,
     2  to  provide the appropriate level of care for such residents in residen-
     3  tial health care facilities in the applicable wage  equalization  factor
     4  regions  plus  an  amount equal to capital construction costs associated
     5  with the construction of an assisted living program facility as provided
     6  for in this subdivision. Such rates  of  payment  shall  be  updated  to
     7  reflect the most current mean price for free-standing residential health
     8  care  facilities  with  less  than three hundred beds each time that the
     9  cost basis of residential health care facility  rates  is  updated.  The
    10  commissioner shall also promulgate regulations, and may promulgate emer-
    11  gency regulations, to provide for reimbursement of the cost of preadmis-
    12  sion assessments conducted directly by assisted living programs.
    13    § 2. This act shall take effect January 1, 2025.