Bill Text: NY S09519 | 2023-2024 | General Assembly | Introduced

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

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Bill Title: Establishes an advanced residential health care for aging adults medical fragility demonstration program to construct a new facility or repurpose part of an existing facility to operate as an adult residential health care facility for the purpose of improving the quality of care for aging adults with medical fragility.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2024-06-06 - SUBSTITUTED BY A10189B [S09519 Detail]

Download: New_York-2023-S09519-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9519

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- 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  establishing  an
          advanced residential health care for aging adults with medical fragil-
          ity demonstration program

          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  2808-f to read as follows:
     3    §  2808-f.  Advanced  residential health care for aging adults medical
     4  fragility demonstration program. 1. Notwithstanding any  law,  rule,  or
     5  regulation  to  the  contrary,  the  commissioner  shall, within amounts
     6  appropriated and  subject  to  the  availability  of  federal  financial
     7  participation,  establish  a  demonstration  program  for eligible adult
     8  residential health care facilities,  as  defined  in  paragraph  (c)  of
     9  subdivision  two  of this section, to construct a new facility or repur-
    10  pose part of an existing facility to operate  as  an  adult  residential
    11  health  care  facility  for the purpose of improving the quality of care
    12  for aging adults with medical fragility.
    13    2. For purposes of this section:
    14    (a) "Aging adults with medical fragility" shall mean adults  from  age
    15  thirty-five  to end of life who have a chronic debilitating condition or
    16  conditions, are at risk of hospitalization, are technology-dependent for
    17  life or health sustaining functions, require complex medication regimens
    18  or medical interventions to maintain or to improve their health  status,
    19  and/or  are  in  need  of  ongoing assessment or intervention to prevent
    20  serious deterioration of their health status  or  medical  complications
    21  that place their life, health or development at risk.
    22    (b)  "Adult residential health care facility" shall mean a residential
    23  health care facility or discrete  unit  of  a  residential  health  care
    24  facility providing services to adults over the age of thirty-five.
    25    (c)  "Eligible  adult  residential  health  care applicant" shall mean
    26  adult health care facilities that meet the following eligibility  crite-
    27  ria  for  the demonstration program set forth in subdivision one of this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15463-03-4
        S. 9519                             2

     1  section:  (i) is a nonprofit corporation that operates one  hundred  ten
     2  adult  beds  licensed  under article sixteen of this chapter; or (ii) is
     3  licensed to provide diagnostic and treatment services pursuant  to  this
     4  article.
     5    3.  Upon receipt of a certificate of need application from an eligible
     6  adult residential health care applicant selected by the commissioner for
     7  the demonstration program authorized under this section, the commission-
     8  er is authorized to approve, with the written  approval  of  the  public
     9  health  and  health  planning  council  pursuant to section twenty-eight
    10  hundred two of this article,  the  construction  of  a  new  residential
    11  health  care facility to be constructed and operated on a parcel of land
    12  within the same county as that of an eligible adult  residential  health
    13  care  applicant  that  is  proposing such new facility and over which it
    14  will have site control, provided that such facility  qualifies  for  the
    15  demonstration program set forth in subdivision one of this section.
    16    4.  An  aging adult facility established pursuant to subdivision three
    17  of this section may admit, from the community-at-large or upon  referral
    18  from  an  unrelated  facility,  aging adults with medical fragility who,
    19  prior to reaching  age  thirty-five,  were  young  adults  with  medical
    20  fragility,  and  who  are  eligible for nursing home care and in need of
    21  extensive  nursing,  medical,  psychological  and   counseling   support
    22  services,  provided that the aging adult facility, to promote continuity
    23  of care, undertakes to provide priority admission to aging  adults  with
    24  medical  fragility  transitioning  from the pediatric residential health
    25  care facility or unit operated by the entity  that  proposed  the  aging
    26  adult  facility  and  ensure sufficient capacity to admit such adults as
    27  they attain thirty-five years of age.
    28    5. For inpatient services provided to any aging  adults  with  medical
    29  fragility  eligible  for medical assistance as authorized in subdivision
    30  three of this section, the commissioner shall  establish  the  operating
    31  component  of  rates  of reimbursement appropriate for aging adults with
    32  medical fragility residing at an adult residential health care facility,
    33  to apply to such adults thirty-five years of age or older. Such  method-
    34  ology  shall  take  into  account  the methodology used to establish the
    35  operating component  of  the  rates  pursuant  to  section  twenty-eight
    36  hundred  eight of this article for adult residential health care facili-
    37  ties with an increase or decrease adjustment as appropriate  to  account
    38  for  any  discrete expenses associated with caring for aging adults with
    39  medical fragility, including addressing their distinct  needs  as  aging
    40  adults for medical and psychological support services.
    41    6.  The  commissioner  shall have authority to waive any rule or regu-
    42  lation to effectuate the demonstration program  authorized  pursuant  to
    43  subdivision one of this section.
    44    § 2. This act shall take effect immediately.