Amd §2831, Pub Health L; amd §2, Chap of 2024 (as proposed in S.5969-A & A.3674-A)
Defines medically fragile young adults as individuals who meet the definition of children with medical fragility, but for the fact such individuals are aged between twenty-one and thirty-five years old.
STATE OF NEW YORK
________________________________________________________________________
776
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to medically fragile
young adults; to amend a chapter of the laws of 2024 amending the
public health law relating to medically fragile young adults and
pediatric specialized nursing facilities, as proposed in legislative
bills numbers S. 5969-A and A. 3674-A, in relation to the effective-
ness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2831 of the public health law, as added by a chap-
2 ter of the laws of 2024 amending the public health law relating to
3 medically fragile young adults and pediatric specialized nursing facili-
4 ties, as proposed in legislative bills numbers S. 5969-A and A. 3674-A,
5 is amended to read as follows:
6 § 2831. Medically fragile young adults. 1. For purposes of this
7 section, "medically fragile young adults" shall [have the same meaning
8 as the term "medically fragile children" as set forth in subdivision
9 three-a of section thirty-six hundred fourteen of this chapter and shall
10 include medically fragile young adults who currently reside at a pedia-
11 tric specialized nursing facility and are over twenty-one years of age]
12 mean individuals who meet the definition of children with medical
13 fragility, but for the fact such individuals are aged between twenty-one
14 and thirty-five years old.
15 2. The department shall promulgate rules and regulations to allow
16 medically fragile young adults who reside in pediatric specialized nurs-
17 ing facilities to remain at such facilities [after reaching the age of
18 twenty-one and until they reach the age of thirty-six]. Unless a higher
19 reimbursement rate is expressly authorized by the department, the
20 reimbursement rate and methodology for such medically fragile young
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02931-01-5
S. 776 2
1 adults shall remain the same as it was prior to reaching age twenty-one
2 and shall include a daily per diem rate and coverage for bed holds.
3 Medicaid reimbursement for this population for reserved beds due to
4 hospitalization and for therapeutic and hospice leaves of absence must
5 remain at one hundred percent of the Medicaid rate of medically fragile
6 children, without any daily limit for this population.
7 3. This section shall be effective if, and as long as, federal finan-
8 cial participation is available therefor.
9 § 2. Section 2 of a chapter of the laws of 2024 amending the public
10 health law relating to medically fragile young adults and pediatric
11 specialized nursing facilities, as proposed in legislative bills numbers
12 S. 5969-A and A. 3674-A, is amended to read as follows:
13 § 2. This act shall take effect [on the one hundred twentieth day]
14 nine months after it shall have become a law. Effective immediately, the
15 addition, amendment and/or repeal of any rule or regulation necessary
16 for the implementation of this act on its effective date are authorized
17 to be made and completed on or before such date.
18 § 3. This act shall take effect immediately; provided however, that
19 section one of this act shall take effect on the same date and in the
20 same manner as a chapter of the laws of 2024 amending the public health
21 law relating to medically fragile young adults and pediatric specialized
22 nursing facilities, as proposed in legislative bills numbers S. 5969-A
23 and A. 3674-A, takes effect.
