Bill Text: NY S08422 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes the commissioner to make payments of medical assistance funds for long-term stays in large residential mental health institutions, issue guidance on admission and determine maximum allowable rates.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2022-05-24 - referred to health [S08422 Detail]

Download: New_York-2021-S08422-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8422

                    IN SENATE

                                    February 28, 2022
                                       ___________

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

        AN ACT to amend the social services  law,  in  relation  to  authorizing
          payments  of  medical  assistance  funds  for long-term stays in large
          residential mental health institutions

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

     1    Section  1. The social services law is amended by adding a new section
     2  367-w to read as follows:
     3    § 367-w. Payment for large mental  health  institutions.  1.  For  the
     4  purpose  of  this section, "large residential mental health institution"
     5  shall mean an institution for mental diseases as defined  by  42  CFR  §
     6  435.1010.
     7    2.  The  commissioner  may authorize the payment of medical assistance
     8  funds for long-term stays in  large  residential  mental  health  insti-
     9  tutions. The commissioner shall:
    10    (a) issue guidance on the admission to large residential mental health
    11  institutions  for  beneficiaries who access mental health services under
    12  the medical assistance program; and
    13    (b) determine maximum allowable rates  for  large  residential  mental
    14  health  institutions  based upon the medical assistance program fee-for-
    15  service inpatient rates for the same or similar services, or  any  other
    16  data deemed reliable and relevant by the commissioner.
    17    3.  Notwithstanding  subdivision two of this section, the commissioner
    18  shall only authorize the payment of medical assistance funds  for  long-
    19  term  stays  in  large residential mental health institutions if federal
    20  financial participation is available for medical assistance expenditures
    21  made pursuant to such subdivision.
    22    4. Within six months of  the  effective  date  of  this  section,  the
    23  commissioner  of  health  shall  prepare and submit to  the Centers  for
    24  Medicare and Medicaid Services an application for a waiver, pursuant  to
    25  section  1115  of  the Social Security Act,  42  USC  1315, to allow the
    26  payment of medical assistance funds for long-term stays in large  mental
    27  health institution.
    28    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14656-02-2