Relates to medically fragile young adults and pediatric specialized nursing facilities; allows for such young adults to remain in such facilities from age twenty-one until age thirty-six.
STATE OF NEW YORK
________________________________________________________________________
5969--A
2023-2024 Regular Sessions
IN SENATE
March 23, 2023
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- recommitted to
the Committee on Health in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, in relation to medically fragile
young adults and pediatric specialized nursing facilities
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 2831 to read as follows:
3 § 2831. Medically fragile young adults. 1. For purposes of this
4 section, "medically fragile young adults" shall have the same meaning as
5 the term "medically fragile children" as set forth in subdivision
6 three-a of section thirty-six hundred fourteen of this chapter and shall
7 include medically fragile young adults who currently reside at a pedia-
8 tric specialized nursing facility and are over twenty-one years of age.
9 2. The department shall promulgate rules and regulations to allow
10 medically fragile young adults who reside in pediatric specialized nurs-
11 ing facilities to remain at such facilities after reaching the age of
12 twenty-one and until they reach the age of thirty-six. Unless a higher
13 reimbursement rate is expressly authorized by the department, the
14 reimbursement rate and methodology for such medically fragile young
15 adults shall remain the same as it was prior to reaching age twenty-one
16 and shall include a daily per diem rate and coverage for bed holds.
17 Medicaid reimbursement for this population for reserved beds due to
18 hospitalization and for therapeutic and hospice leaves of absence must
19 remain at one hundred percent of the Medicaid rate of medically fragile
20 children, without any daily limit for this population.
21 § 2. This act shall take effect on the one hundred twentieth day after
22 it shall have become a law. Effective immediately, the addition, amend-
23 ment and/or repeal of any rule or regulation necessary for the implemen-
24 tation of this act on its effective date are authorized to be made and
25 completed on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08318-02-4