Relates to requiring specific reserved bed days for veterans, spouses of veterans, widows of veterans, Gold Star Parents and their dependents who are cared for at the New York State Veterans' Homes.
STATE OF NEW YORK
________________________________________________________________________
8935
IN ASSEMBLY
January 2, 2020
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring specific
reserved bed days for veterans, spouses of veterans, widows of veter-
ans, Gold Star Parents and their dependents who are cared for at the
New York State Veterans' Homes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 25 of section 2808 of the public health law, as
2 amended by section 2 of part E of chapter 57 of the laws of 2017, is
3 amended to read as follows:
4 25. Reserved bed days. (a) For purposes of this subdivision, a
5 "reserved bed day" is a day for which a governmental agency pays or
6 otherwise requires a residential health care facility to reserve a bed
7 for a person eligible for medical assistance pursuant to title eleven of
8 article five of the social services law while he or she is temporarily
9 hospitalized or on therapeutic leave of absence from the facility.
10 (b) Notwithstanding any other provisions of this section or any other
11 law or regulation to the contrary, for reserved bed days provided on
12 behalf of persons twenty-one years of age or older:
13 (i) payments for reserved bed days shall be made at ninety-five
14 percent of the Medicaid rate otherwise payable to the facility for
15 services provided on behalf of such person; and
16 (ii) payment to a facility for reserved bed days provided on behalf of
17 such person for therapeutic leaves of absence may not exceed ten days in
18 any twelve month period.
19 (c) Notwithstanding any other provision of this section or any other
20 law or regulation to the contrary, with respect to veterans, spouses of
21 veterans, widows of veterans, Gold Star Parents and their dependents who
22 are cared for at the New York State Veterans' Home at Oxford, the New
23 York State Veterans' Home at St. Albans, the New York State Veterans'
24 Home at Batavia, the New York State Veterans' Home at Montrose and the
25 Long Island State Veterans' Home such facilities shall establish a
26 reserve bed day policy not to exceed ten days in any twelve-month period
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14358-01-9
A. 8935 2
1 when such persons are temporarily hospitalized or on therapeutic leave
2 of absence.
3 (i) In order to qualify for coverage of reserved bed days as provided
4 in this paragraph:
5 (A) the person must have resided in the applicable State Veterans'
6 Home for at least thirty days since the date of his or her initial
7 admission; and
8 (B) the part of the facility to which the person will return must have
9 a vacancy rate or no more than five percent on the first day the person
10 is hospitalized or on therapeutic leave of absence.
11 (ii) Unless medically contraindicated, the applicable State Veterans'
12 Home shall reserve the same bed and room the person occupied before
13 being hospitalized or placed on therapeutic leave of absence.
14 § 2. This act shall take effect on the ninetieth day after it shall
15 have become a law. Effective immediately the addition, amendment and/or
16 repeal of any rules and regulations necessary for the implementation of
17 this act on or before its effective date are authorized to be made and
18 completed on or before such effective date.