A10189 Summary:

BILL NOA10189B
 
SAME ASSAME AS S09519-A
 
SPONSORRules (Gunther)
 
COSPNSRSayegh
 
MLTSPNSR
 
Add §2808-f, Pub Health L
 
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.
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A10189 Actions:

BILL NOA10189B
 
05/10/2024referred to health
05/16/2024amend and recommit to health
05/16/2024print number 10189a
05/28/2024amend and recommit to health
05/28/2024print number 10189b
05/30/2024reported referred to ways and means
06/06/2024reported referred to rules
06/06/2024reported
06/06/2024rules report cal.514
06/06/2024ordered to third reading rules cal.514
06/06/2024passed assembly
06/06/2024delivered to senate
06/06/2024REFERRED TO RULES
06/06/2024SUBSTITUTED FOR S9519A
06/06/20243RD READING CAL.1900
06/06/2024PASSED SENATE
06/06/2024RETURNED TO ASSEMBLY
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A10189 Committee Votes:

HEALTH Chair:Paulin DATE:05/30/2024AYE/NAY:21/3 Action: Favorable refer to committee Ways and Means
PaulinAyeJensenNay
DinowitzAyeByrnesNay
GuntherAyeGandolfoAye
RosenthalAyeMikulinAye
HevesiAyeBlumencranzAye
SteckAyeBendettAye
BraunsteinAyeGrayAye
SolagesAyeMorinelloNay
Bichotte HermelAye
SayeghAye
McDonaldAye
ReyesAye
Gonzalez-RojasAye
RajkumarAye
ForrestAye
KellesAye
LucasAbsent
MeeksAbsent

RULES Chair:Pretlow DATE:06/06/2024AYE/NAY:28/0 Action: Favorable
HeastieExcusedBarclayExcused
WeinsteinAyeHawleyAye
PretlowAyeGiglioAye
CookAyeBlankenbushAye
GlickAyeNorrisAye
AubryAyeRaAye
DinowitzAyeBrabenecAye
ColtonAyePalmesanoAye
MagnarelliAyeReillyAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensExcused
DavilaAye
HyndmanAye
RozicAye
BronsonAye

WAYS AND MEANS Chair:Weinstein DATE:06/06/2024AYE/NAY:35/0 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
GlickAyeFitzpatrickAye
PretlowAyeHawleyAye
ColtonAyeBlankenbushAye
CookAyeNorrisAye
AubryAyeBrabenecAye
BenedettoAyePalmesanoAye
WeprinAyeWalshAye
RamosAyeDeStefanoAye
BraunsteinAyeManktelowAye
McDonaldAyeSmullenAye
RozicAye
DinowitzAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye
WalkerAye
Bichotte HermelAye
SimonAye
CruzAye
FahyAye

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A10189 Floor Votes:

DATE:06/07/2024Assembly Vote  YEA/NAY: 146/1
Yes
Alvarez
Yes
Byrnes
Yes
Fall
Yes
Kelles
Yes
Otis
Yes
Simpson
Yes
Anderson
Yes
Carroll
Yes
Fitzpatrick
Yes
Kim
Yes
Palmesano
Yes
Slater
Yes
Angelino
Yes
Chandler-Waterm
Yes
Flood
Yes
Lavine
Yes
Paulin
Yes
Smith
Yes
Ardila
Yes
Chang
Yes
Forrest
Yes
Lee
Yes
Peoples-Stokes
Yes
Smullen
Yes
Aubry
Yes
Clark
Yes
Friend
Yes
Lemondes
Yes
Pheffer Amato
Yes
Solages
Yes
Barclay
Yes
Colton
Yes
Gallagher
Yes
Levenberg
Yes
Pirozzolo
Yes
Steck
Yes
Barrett
Yes
Conrad
Yes
Gallahan
Yes
Lucas
Yes
Pretlow
Yes
Stern
Yes
Beephan
Yes
Cook
Yes
Gandolfo
Yes
Lunsford
Yes
Ra
Yes ‡
Stirpe
Yes
Bendett
Yes
Cruz
Yes
Gibbs
Yes
Lupardo
Yes
Raga
Yes
Tague
Yes
Benedetto
Yes
Cunningham
Yes
Giglio JA
Yes
Magnarelli
Yes
Rajkumar
Yes
Tannousis
Yes
Berger
Yes
Curran
Yes
Giglio JM
ER
Maher
Yes
Ramos
Yes
Tapia
Yes
Bichotte Hermel
Yes
Dais
Yes
Glick
Yes
Mamdani
Yes
Reilly
Yes
Taylor
Yes
Blankenbush
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Reyes
Yes
Thiele
Yes
Blumencranz
Yes
Davila
Yes
Goodell
Yes
McDonald
Yes
Rivera
Yes
Vanel
Yes
Bores
Yes
De Los Santos
Yes
Gray
Yes ‡
McDonough
Yes
Rosenthal
Yes
Walker
Yes
Brabenec
Yes
DeStefano
Yes
Gunther
Yes
McGowan
Yes
Rozic
Yes
Wallace
Yes
Braunstein
Yes ‡
Dickens
Yes
Hawley
Yes
McMahon
Yes
Santabarbara
Yes
Walsh
Yes
Bronson
Yes
Dilan
Yes
Hevesi
Yes
Meeks
Yes
Sayegh
Yes
Weinstein
Yes
Brook-Krasny
Yes
Dinowitz
Yes
Hunter
Yes
Mikulin
Yes
Seawright
Yes
Weprin
Yes
Brown EA
Yes
DiPietro
Yes
Hyndman
Yes
Miller
Yes
Septimo
Yes
Williams
Yes
Brown K
Yes
Durso
ER
Jackson
Yes
Mitaynes
Yes
Shimsky
Yes
Woerner
Yes
Burdick
Yes
Eachus
Yes
Jacobson
Yes
Morinello
Yes
Shrestha
Yes
Zaccaro
Yes
Burgos
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Norris
Yes
Sillitti
Yes
Zebrowski
Yes
Burke
Yes
Epstein
No
Jensen
Yes
Novakhov
Yes
Simon
Yes
Zinerman
Yes
Buttenschon
Yes
Fahy
Yes
Jones
ER
O'Donnell
Yes
Simone
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A10189 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10189--B
 
                   IN ASSEMBLY
 
                                      May 10, 2024
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
          read once and  referred  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said committee

        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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15463-04-4

        A. 10189--B                         2
 
     1    (c)  "Eligible  adult  residential  health  care applicant" shall mean
     2  adult health care facilities that meet the following eligibility  crite-
     3  ria  for  the demonstration program set forth in subdivision one of this
     4  section:  (i) is a nonprofit corporation that operates one  hundred  ten
     5  adult  beds  licensed  under article sixteen of this chapter; or (ii) is
     6  licensed to provide diagnostic and treatment services pursuant  to  this
     7  article.
     8    3.  Upon receipt of a certificate of need application from an eligible
     9  adult residential health care applicant selected by the commissioner for
    10  the demonstration program authorized under this section, the commission-
    11  er is authorized to approve, with the written  approval  of  the  public
    12  health  and  health  planning  council  pursuant to section twenty-eight
    13  hundred two of this article,  the  construction  of  a  new  residential
    14  health  care facility to be constructed and operated on a parcel of land
    15  within the same county as that of an eligible adult  residential  health
    16  care  applicant  that  is  proposing such new facility and over which it
    17  will have site control, provided that such facility  qualifies  for  the
    18  demonstration program set forth in subdivision one of this section.
    19    4.  An  aging adult facility established pursuant to subdivision three
    20  of this section may admit, from the community-at-large or upon  referral
    21  from  an  unrelated  facility,  aging adults with medical fragility who,
    22  prior to reaching  age  thirty-five,  were  young  adults  with  medical
    23  fragility,  and  who  are  eligible for nursing home care and in need of
    24  extensive  nursing,  medical,  psychological  and   counseling   support
    25  services,  provided that the aging adult facility, to promote continuity
    26  of care, undertakes to provide priority admission to aging  adults  with
    27  medical  fragility  transitioning  from the pediatric residential health
    28  care facility or unit operated by the entity  that  proposed  the  aging
    29  adult  facility  and  ensure sufficient capacity to admit such adults as
    30  they attain thirty-five years of age.
    31    5. For inpatient services provided to any aging  adults  with  medical
    32  fragility  eligible  for medical assistance as authorized in subdivision
    33  three of this section, the commissioner shall  establish  the  operating
    34  component  of  rates  of reimbursement appropriate for aging adults with
    35  medical fragility residing at an adult residential health care facility,
    36  to apply to such adults thirty-five years of age or older. Such  method-
    37  ology  shall  take  into  account  the methodology used to establish the
    38  operating component  of  the  rates  pursuant  to  section  twenty-eight
    39  hundred  eight of this article for adult residential health care facili-
    40  ties with an increase or decrease adjustment as appropriate  to  account
    41  for  any  discrete expenses associated with caring for aging adults with
    42  medical fragility, including addressing their distinct  needs  as  aging
    43  adults for medical and psychological support services.
    44    § 2. This act shall take effect immediately.
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