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.
STATE OF NEW YORK
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3329
2025-2026 Regular Sessions
IN SENATE
January 24, 2025
___________
Introduced by Sens. COONEY, ASHBY, CLEARE, GALLIVAN, ROLISON -- 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-four for free-
23 standing[, low intensity] residential health care facilities with less
24 than three hundred beds[, and for years subsequent to nineteen hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03247-01-5
S. 3329 2
1 ninety-two,] adjusted for inflation in accordance with the provisions of
2 subdivision ten of section twenty-eight hundred seven-c of this chapter,
3 to provide the appropriate level of care for such residents in residen-
4 tial health care facilities in the applicable wage equalization factor
5 regions plus an amount equal to capital construction costs associated
6 with the construction of an assisted living program facility as provided
7 for in this subdivision. Such rates of payment shall be updated to
8 reflect the most current mean price for free standing residential health
9 care facilities with less than three hundred beds each time that the
10 cost basis of residential health care facility rates is updated. The
11 commissioner shall also promulgate regulations, and may promulgate emer-
12 gency regulations, to provide for reimbursement of the cost of preadmis-
13 sion assessments conducted directly by assisted living programs.
14 § 2. This act shall take effect on the first of April next succeeding
15 the date on which it shall have become a law.
