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A07746 Summary:

BILL NOA07746
 
SAME ASSAME AS S06153
 
SPONSORGottfried
 
COSPNSR
 
MLTSPNSR
 
Amd §228, Chap 474 of 1996; amd §§64 & 246, Chap 81 of 1995; amd Part C §79, Chap 58 of 2008; amd §4, Chap 779 of 1986
 
Extends the effectiveness and expiration of various provisions of law providing reimbursement to residential health care facilities, adult homes and residences for adults.
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A07746 Actions:

BILL NOA07746
 
05/11/2017referred to health
06/06/2017reported referred to ways and means
06/08/2017reported referred to rules
06/12/2017reported
06/12/2017rules report cal.168
06/12/2017ordered to third reading rules cal.168
06/13/2017passed assembly
06/13/2017delivered to senate
06/13/2017REFERRED TO RULES
06/14/2017SUBSTITUTED FOR S6153
06/14/20173RD READING CAL.1161
06/14/2017PASSED SENATE
06/14/2017RETURNED TO ASSEMBLY
06/23/2017delivered to governor
06/29/2017signed chap.49
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A07746 Committee Votes:

HEALTH Chair:Gottfried DATE:06/06/2017AYE/NAY:26/0 Action: Favorable refer to committee Ways and Means
GottfriedAyeRaiaAye
SchimmingerAyeMcDonoughAye
GalefAyeRaAye
DinowitzAyeWalterAye
CahillAyeGarbarinoAye
PaulinAyeByrneAye
CymbrowitzAyeNorrisAye
GuntherAye
RosenthalAye
HevesiAye
LavineAye
TitoneAye
MayerAye
JaffeeAye
SteckAye
AbinantiAye
BraunsteinAye
KimAye
SolagesAye

WAYS AND MEANS Chair:Farrell DATE:06/08/2017AYE/NAY:32/0 Action: Favorable refer to committee Rules
FarrellAyeOaksAye
LentolAyeCrouchAye
SchimmingerAyeBarclayAye
GanttAyeFitzpatrickAye
WeinsteinAyeHawleyAye
GlickAyeMalliotakisAye
NolanExcusedWalterAye
PretlowAyeMontesanoAye
PerryAyeCurranAye
ColtonAyeRaAye
CookAye
CahillAye
AubryAye
HooperAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
MoyaExcused
WeprinAye
RodriguezAye
RamosExcused
BraunsteinAye
McDonaldAye
RozicAye

RULES Chair:Heastie DATE:06/12/2017AYE/NAY:27/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolExcusedButlerAye
FarrellAyeCrouchAye
GanttAyeFinchAye
NolanAyeBarclayAye
WeinsteinAyeRaiaAye
HooperExcusedHawleyAye
OrtizExcused
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryExcused
GalefAye
PaulinAye
TitusAye
Peoples-StokesAye

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A07746 Floor Votes:

DATE:06/13/2017Assembly Vote  YEA/NAY: 143/0
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
Yes
O'Donnell
Yes
Sepulveda
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simanowitz
ER
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simon
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
Yes
Simotas
Yes
Barclay
ER
Davila
Yes
Harris
Yes
Magee
Yes
Palumbo
Yes
Skartados
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Skoufis
Yes
Barrett
Yes
DenDekker
ER
Hevesi
Yes
Malliotakis
Yes
Pellegrino
Yes
Solages
Yes
Barron
ER
Dickens
Yes
Hikind
Yes
Mayer
Yes
Peoples-Stokes
Yes
Stec
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Perry
Yes
Steck
ER
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pheffer Amato
Yes
Stirpe
Yes
Blake
Yes
DiPietro
Yes
Hyndman
ER
McKevitt
Yes
Pichardo
Yes
Thiele
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
Yes
McLaughlin
Yes
Pretlow
Yes
Titone
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Quart
Yes
Titus
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Ra
Yes
Vanel
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
Yes
Raia
Yes
Walker
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Ramos
Yes
Wallace
Yes
Buchwald
Yes
Finch
Yes
Joyner
Yes
Morelle
Yes
Richardson
Yes
Walsh
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rivera
Yes
Walter
Yes
Byrne
Yes
Friend
Yes
Kearns
Yes
Mosley
ER
Rodriguez
Yes
Weinstein
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rosenthal
Yes
Weprin
Yes
Carroll
Yes
Gantt
Yes
Kolb
Yes
Murray
Yes
Rozic
Yes
Williams
Yes
Castorina
Yes
Garbarino
Yes
Lalor
Yes
Niou
Yes
Ryan
Yes
Woerner
Yes
Colton
Yes
Giglio
Yes
Lavine
Yes
Nolan
Yes
Santabarbara
Yes
Wright
Yes
Cook
Yes
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Schimminger
Yes
Zebrowski
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A07746 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7746
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 11, 2017
                                       ___________
 
        Introduced  by  M.  of  A. GOTTFRIED -- (at request of the Department of
          Health) -- read once and referred to the Committee on Health
 
        AN ACT to amend chapter 474 of the laws of 1996, amending the  education
          law  and  other  laws  relating  to  rates for residential health care
          facilities, in relation to  extending  the  effectiveness  of  certain
          provisions  thereof; to amend chapter 81 of the laws of 1995, amending
          the public health law and other laws relating to medical reimbursement
          and welfare reform, in relation  to  extending  the  effectiveness  of
          certain  provisions  thereof; to amend chapter 58 of the laws of 2008,
          amending the social services law and the public health law relating to
          adjustments of rates, in relation to extending the date of the expira-
          tion of certain provisions thereof; and to amend chapter  779  of  the
          laws of 1986, amending the social services law relating to authorizing
          services  for  non-residents in adult homes, residences for adults and
          enriched housing programs, in relation to extending the  effectiveness
          of certain provisions thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 228 of chapter 474 of the laws  of  1996,  amending
     2  the  education  law  and  other  laws  relating to rates for residential
     3  health care facilities, as amended by section 10 of part D of chapter 57
     4  of the laws of 2015, is amended to read as follows:
     5    § 228. 1. Definitions. (a) Regions,  for  purposes  of  this  section,
     6  shall  mean  a downstate region to consist of Kings, New York, Richmond,
     7  Queens, Bronx, Nassau and Suffolk counties  and  an  upstate  region  to
     8  consist  of  all  other New York state counties. A certified home health
     9  agency or long term home health care program shall  be  located  in  the
    10  same county utilized by the commissioner of health for the establishment
    11  of rates pursuant to article 36 of the public health law.
    12    (b)  Certified  home  health  agency  (CHHA)  shall  mean such term as
    13  defined in section 3602 of the public health law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09944-01-7

        A. 7746                             2
 
     1    (c) Long term home health care program (LTHHCP) shall mean  such  term
     2  as defined in subdivision 8 of section 3602 of the public health law.
     3    (d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
     4  ly, located within a region.
     5    (e)  Medicaid  revenue percentage, for purposes of this section, shall
     6  mean CHHA and LTHHCP  revenues  attributable  to  services  provided  to
     7  persons  eligible  for payments pursuant to title 11 of article 5 of the
     8  social services law divided by such revenues plus CHHA and LTHHCP reven-
     9  ues attributable to services provided to beneficiaries of Title XVIII of
    10  the federal social security act (medicare).
    11    (f) Base period, for purposes of this  section,  shall  mean  calendar
    12  year 1995.
    13    (g) Target period. For purposes of this section, the 1996 target peri-
    14  od  shall  mean  August  1, 1996 through March 31, 1997, the 1997 target
    15  period shall mean January 1, 1997 through November 30,  1997,  the  1998
    16  target  period shall mean January 1, 1998 through November 30, 1998, the
    17  1999 target period shall mean January 1, 1999 through November 30, 1999,
    18  the 2000 target period shall mean January 1, 2000 through  November  30,
    19  2000, the 2001 target period shall mean January 1, 2001 through November
    20  30,  2001,  the  2002  target  period shall mean January 1, 2002 through
    21  November 30, 2002, the 2003 target period shall  mean  January  1,  2003
    22  through  November 30, 2003, the 2004 target period shall mean January 1,
    23  2004 through November 30, 2004, and the 2005 target  period  shall  mean
    24  January  1, 2005 through November 30, 2005, the 2006 target period shall
    25  mean January 1, 2006 through November 30,  2006,  and  the  2007  target
    26  period shall mean January 1, 2007 through November 30, 2007 and the 2008
    27  target  period shall mean January 1, 2008 through November 30, 2008, and
    28  the 2009 target period shall mean January 1, 2009 through  November  30,
    29  2009  and  the  2010  target  period  shall mean January 1, 2010 through
    30  November 30, 2010 and the 2011 target period shall mean January 1,  2011
    31  through  November 30, 2011 and the 2012 target period shall mean January
    32  1, 2012 through November 30, 2012 and the 2013 target period shall  mean
    33  January  1,  2013  through November 30, 2013, and the 2014 target period
    34  shall mean January 1, 2014 through November 30, 2014 and the 2015 target
    35  period shall mean January 1, 2015 through November 30, 2015 and the 2016
    36  target period shall mean January 1, 2016 through November 30,  2016  and
    37  the  2017  target period shall mean January 1, 2017 through November 30,
    38  2017 and the 2018 target period  shall  mean  January  1,  2018  through
    39  November  30, 2018 and the 2019 target period shall mean January 1, 2019
    40  through November 30, 2019 and the 2020 target period shall mean  January
    41  1, 2020 through November 30, 2020.
    42    2.  (a) Prior to February 1, 1997, for each regional group the commis-
    43  sioner of health shall calculate the 1996 medicaid  revenue  percentages
    44  for the period commencing August 1, 1996 to the last date for which such
    45  data is available and reasonably accurate.
    46    (b)  Prior  to  February  1, 1998, prior to February 1, 1999, prior to
    47  February 1, 2000, prior to February 1, 2001, prior to February 1,  2002,
    48  prior  to February 1, 2003, prior to February 1, 2004, prior to February
    49  1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior  to
    50  February  1, 2008, prior to February 1, 2009, prior to February 1, 2010,
    51  prior to February 1, 2011, prior to February 1, 2012, prior to  February
    52  1,  2013,  prior  to  February 1, 2014, prior to February 1, 2015, [and]
    53  prior to February 1, 2016 [and], prior to February  1,  2017,  prior  to
    54  February  1,  2018,  prior to February 1, 2019, and prior to February 1,
    55  2020 for each regional group the commissioner of health shall  calculate

        A. 7746                             3

     1  the  prior year's medicaid revenue percentages for the period commencing
     2  January 1 through November 30 of such prior year.
     3    3.  By September 15, 1996, for each regional group the commissioner of
     4  health shall calculate the base period medicaid revenue percentage.
     5    4. (a) For each regional  group,  the  1996  target  medicaid  revenue
     6  percentage  shall be calculated by subtracting the 1996 medicaid revenue
     7  reduction percentages from the base period medicaid revenue percentages.
     8  The 1996 medicaid revenue  reduction  percentage,  taking  into  account
     9  regional and program differences in utilization of medicaid and medicare
    10  services, for the following regional groups shall be equal to:
    11    (i)  one  and one-tenth percentage points for CHHAs located within the
    12  downstate region;
    13    (ii) six-tenths of one percentage point for CHHAs located  within  the
    14  upstate region;
    15    (iii) one and eight-tenths percentage points for LTHHCPs located with-
    16  in the downstate region; and
    17    (iv) one and seven-tenths percentage points for LTHHCPs located within
    18  the upstate region.
    19    (b)  For  1997,  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
    20  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 [and], 2017,  2018,
    21  2019  and  2020  for  each  regional  group, the target medicaid revenue
    22  percentage for the respective year shall be  calculated  by  subtracting
    23  the  respective  year's  medicaid  revenue reduction percentage from the
    24  base period medicaid revenue percentage. The medicaid revenue  reduction
    25  percentages  for  1997,  1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
    26  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 [and],  2017,
    27  2018,  2019  and  2020, taking into account regional and program differ-
    28  ences in utilization of medicaid and medicare services, for the  follow-
    29  ing regional groups shall be equal to for each such year:
    30    (i)  one  and one-tenth percentage points for CHHAs located within the
    31  downstate region;
    32    (ii) six-tenths of one percentage point for CHHAs located  within  the
    33  upstate region;
    34    (iii) one and eight-tenths percentage points for LTHHCPs located with-
    35  in the downstate region; and
    36    (iv) one and seven-tenths percentage points for LTHHCPs located within
    37  the upstate region.
    38    (c) For each regional group, the 1999 target medicaid revenue percent-
    39  age  shall  be  calculated  by  subtracting  the  1999  medicaid revenue
    40  reduction percentage from the base period medicaid  revenue  percentage.
    41  The  1999  medicaid  revenue  reduction percentages, taking into account
    42  regional and program differences in utilization of medicaid and medicare
    43  services, for the following regional groups shall be equal to:
    44    (i) eight hundred twenty-five thousandths  (.825)  of  one  percentage
    45  point for CHHAs located within the downstate region;
    46    (ii)  forty-five  hundredths  (.45)  of one percentage point for CHHAs
    47  located within the upstate region;
    48    (iii) one and thirty-five  hundredths  percentage  points  (1.35)  for
    49  LTHHCPs located within the downstate region; and
    50    (iv)  one  and  two hundred seventy-five thousandths percentage points
    51  (1.275) for LTHHCPs located within the upstate region.
    52    5. (a) For each regional group, if the 1996 medicaid revenue  percent-
    53  age  is  not  equal  to  or  less  than the 1996 target medicaid revenue
    54  percentage, the commissioner of health shall compare the  1996  medicaid
    55  revenue  percentage  to  the  1996 target medicaid revenue percentage to
    56  determine the amount of the shortfall which, when divided  by  the  1996

        A. 7746                             4
 
     1  medicaid   revenue  reduction  percentage,  shall  be  called  the  1996
     2  reduction factor. These amounts, expressed as a  percentage,  shall  not
     3  exceed  one  hundred percent. If the 1996 medicaid revenue percentage is
     4  equal  to  or less than the 1996 target medicaid revenue percentage, the
     5  1996 reduction factor shall be zero.
     6    (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
     7  2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, [and] 2017,
     8  2018 and 2019, for each regional group, if the medicaid revenue percent-
     9  age for the respective year is not equal to  or  less  than  the  target
    10  medicaid  revenue  percentage for such respective year, the commissioner
    11  of health shall compare such respective year's medicaid revenue percent-
    12  age to such respective year's  target  medicaid  revenue  percentage  to
    13  determine the amount of the shortfall which, when divided by the respec-
    14  tive  year's  medicaid revenue reduction percentage, shall be called the
    15  reduction factor for such respective year. These amounts, expressed as a
    16  percentage, shall not exceed one hundred percent. If the medicaid reven-
    17  ue percentage for a particular year is equal to or less than the  target
    18  medicaid revenue percentage for that year, the reduction factor for that
    19  year shall be zero.
    20    6.  (a)  For  each  regional group, the 1996 reduction factor shall be
    21  multiplied by the following amounts to determine each  regional  group's
    22  applicable 1996 state share reduction amount:
    23    (i) two million three hundred ninety thousand dollars ($2,390,000) for
    24  CHHAs located within the downstate region;
    25    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
    26  within the upstate region;
    27    (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
    28  for LTHHCPs located within the downstate region; and
    29    (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
    30  located within the upstate region.
    31    For  each regional group reduction, if the 1996 reduction factor shall
    32  be zero, there shall be no 1996 state share reduction amount.
    33    (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004,  2005,  2006,  2007,
    34  2008,  2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 [and], 2017, 2018,
    35  2019 and 2020, for each regional group, the  reduction  factor  for  the
    36  respective  year  shall be multiplied by the following amounts to deter-
    37  mine each regional group's applicable state share reduction  amount  for
    38  such respective year:
    39    (i) two million three hundred ninety thousand dollars ($2,390,000) for
    40  CHHAs located within the downstate region;
    41    (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
    42  within the upstate region;
    43    (iii)  one  million  two hundred seventy thousand dollars ($1,270,000)
    44  for LTHHCPs located within the downstate region; and
    45    (iv) five hundred  ninety  thousand  dollars  ($590,000)  for  LTHHCPs
    46  located within the upstate region.
    47    For  each  regional  group  reduction,  if  the reduction factor for a
    48  particular year shall be zero, there shall be no state  share  reduction
    49  amount for such year.
    50    (c) For each regional group, the 1999 reduction factor shall be multi-
    51  plied by the following amounts to determine each regional group's appli-
    52  cable 1999 state share reduction amount:
    53    (i) one million seven hundred ninety-two thousand five hundred dollars
    54  ($1,792,500) for CHHAs located within the downstate region;
    55    (ii)  five  hundred sixty-two thousand five hundred dollars ($562,500)
    56  for CHHAs located within the upstate region;

        A. 7746                             5
 
     1    (iii) nine hundred fifty-two thousand five hundred dollars  ($952,500)
     2  for LTHHCPs located within the downstate region; and
     3    (iv)  four  hundred forty-two thousand five hundred dollars ($442,500)
     4  for LTHHCPs located within the upstate region.
     5    For each regional group reduction, if the 1999 reduction factor  shall
     6  be zero, there shall be no 1999 state share reduction amount.
     7    7.  (a) For each regional group, the 1996 state share reduction amount
     8  shall be allocated by the commissioner of health among CHHAs and LTHHCPs
     9  on the basis of the extent  of  each  CHHA's  and  LTHHCP's  failure  to
    10  achieve  the  1996  target  medicaid revenue percentage, calculated on a
    11  provider specific basis utilizing revenues for this  purpose,  expressed
    12  as  a  proportion  of  the  total of each CHHA's and LTHHCP's failure to
    13  achieve the 1996 target medicaid revenue percentage within the  applica-
    14  ble  regional group. This proportion shall be multiplied by the applica-
    15  ble 1996 state share reduction amount calculation pursuant to  paragraph
    16  (a)  of  subdivision  6 of this section. This amount shall be called the
    17  1996 provider specific state share reduction amount.
    18    (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003,  2004,  2005,  2006,
    19  2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 [and], 2017,
    20  2018, 2019 and 2020 for each regional group, the state  share  reduction
    21  amount for the respective year shall be allocated by the commissioner of
    22  health among CHHAs and LTHHCPs on the basis of the extent of each CHHA's
    23  and  LTHHCP's  failure to achieve the target medicaid revenue percentage
    24  for the applicable year, calculated on a provider specific basis utiliz-
    25  ing revenues for this purpose, expressed as a proportion of the total of
    26  each CHHA's and LTHHCP's failure to achieve the target medicaid  revenue
    27  percentage for the applicable year within the applicable regional group.
    28  This proportion shall be multiplied by the applicable year's state share
    29  reduction  amount calculation pursuant to paragraph (b) or (c) of subdi-
    30  vision 6 of this section. This  amount  shall  be  called  the  provider
    31  specific state share reduction amount for the applicable year.
    32    8.  (a)  The 1996 provider specific state share reduction amount shall
    33  be due to the state from each CHHA and LTHHCP and may be recouped by the
    34  state by March 31, 1997 in a lump sum amount or  amounts  from  payments
    35  due  to  the  CHHA  and  LTHHCP pursuant to title 11 of article 5 of the
    36  social services law.
    37    (b) The provider specific state share reduction amount for 1997, 1998,
    38  1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,  2010,
    39  2011,  2012,  2013,  2014,  2015,  2016 [and], 2017, 2018, 2019 and 2020
    40  respectively, shall be due to the state from each CHHA  and  LTHHCP  and
    41  each  year  the amount due for such year may be recouped by the state by
    42  March 31 of the following year in a lump  sum  amount  or  amounts  from
    43  payments due to the CHHA and LTHHCP pursuant to title 11 of article 5 of
    44  the social services law.
    45    9.  CHHAs  and  LTHHCPs shall submit such data and information at such
    46  times as the commissioner of health may require  for  purposes  of  this
    47  section.  The  commissioner of health may use data available from third-
    48  party payors.
    49    10. On or about June 1, 1997, for each regional group the commissioner
    50  of health shall calculate for the period August 1,  1996  through  March
    51  31,  1997  a  medicaid  revenue  percentage, a reduction factor, a state
    52  share reduction amount, and a provider specific  state  share  reduction
    53  amount  in  accordance with the methodology provided in paragraph (a) of
    54  subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
    55  sion 6 and paragraph (a) of subdivision 7 of this section. The  provider
    56  specific state share reduction amount calculated in accordance with this

        A. 7746                             6
 
     1  subdivision  shall be compared to the 1996 provider specific state share
     2  reduction amount calculated in accordance with paragraph (a) of subdivi-
     3  sion 7 of this section. Any amount in excess of the amount determined in
     4  accordance  with paragraph (a) of subdivision 7 of this section shall be
     5  due to the state from each CHHA  and  LTHHCP  and  may  be  recouped  in
     6  accordance  with  paragraph (a) of subdivision 8 of this section. If the
     7  amount is less than the amount determined in accordance  with  paragraph
     8  (a)  of  subdivision 7 of this section, the difference shall be refunded
     9  to the CHHA and LTHHCP by the state no later than July 15,  1997.  CHHAs
    10  and  LTHHCPs  shall  submit  data  for the period August 1, 1996 through
    11  March 31, 1997 to the commissioner of health by April 15, 1997.
    12    11. If a CHHA or LTHHCP  fails  to  submit  data  and  information  as
    13  required for purposes of this section:
    14    (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
    15  caid  revenue  percentage  between  the  applicable  base period and the
    16  applicable target period for purposes of the  calculations  pursuant  to
    17  this section; and
    18    (b)  the  commissioner of health shall reduce the current rate paid to
    19  such CHHA and such LTHHCP by state  governmental  agencies  pursuant  to
    20  article  36  of the public health law by one percent for a period begin-
    21  ning on the first day of the calendar month following the applicable due
    22  date as established by the commissioner of health and  continuing  until
    23  the last day of the calendar month in which the required data and infor-
    24  mation are submitted.
    25    12. The commissioner of health shall inform in writing the director of
    26  the  budget  and the chair of the senate finance committee and the chair
    27  of the assembly ways and means committee of the results  of  the  calcu-
    28  lations pursuant to this section.
    29    § 2. Paragraph (f) of subdivision 1 of section 64 of chapter 81 of the
    30  laws  of 1995, amending the public health law and other laws relating to
    31  medical reimbursement and welfare reform, as amended  by  section  7  of
    32  part D of chapter 57 of the laws of 2015, is amended to read as follows:
    33    (f)  Prior  to  February  1, 2001, February 1, 2002, February 1, 2003,
    34  February 1, 2004, February 1, 2005, February 1, 2006, February 1,  2007,
    35  February  1, 2008, February 1, 2009, February 1, 2010, February 1, 2011,
    36  February 1, 2012, February 1, 2013, February 1, 2014, February 1,  2015,
    37  February  1, 2016 [and], February 1, 2017, February 1, 2018, February 1,
    38  2019 and February 1, 2020, the commissioner of  health  shall  calculate
    39  the  result  of  the statewide total of residential health care facility
    40  days of care provided to beneficiaries of title  XVIII  of  the  federal
    41  social  security act (medicare), divided by the sum of such days of care
    42  plus days of care provided to residents eligible for  payments  pursuant
    43  to  title 11 of article 5 of the social services law minus the number of
    44  days provided to  residents  receiving  hospice  care,  expressed  as  a
    45  percentage, for the period commencing January 1, through November 30, of
    46  the  prior  year  respectively, based on such data for such period. This
    47  value shall be called the 2000, 2001,  2002,  2003,  2004,  2005,  2006,
    48  2007,  2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 [and], 2017,
    49  2018,  2019 and 2020 statewide target percentage respectively.
    50    § 3. Subparagraph (ii) of paragraph (b) of subdivision 3 of section 64
    51  of chapter 81 of the laws of 1995, amending the public  health  law  and
    52  other  laws  relating  to  medical  reimbursement and welfare reform, as
    53  amended by section 8 of part D of chapter 57 of the  laws  of  2015,  is
    54  amended to read as follows:
    55    (ii)  If  the  1997,  1998,  2000, 2001, 2002, 2003, 2004, 2005, 2006,
    56  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 [and],  2017,

        A. 7746                             7
 
     1  2018,  2019  and 2020 statewide target percentages are not for each year
     2  at least three percentage points higher than the statewide base percent-
     3  age, the commissioner of health shall determine the percentage by  which
     4  the  statewide  target  percentage  for  each year is not at least three
     5  percentage  points  higher  than  the  statewide  base  percentage.  The
     6  percentage  calculated  pursuant  to  this paragraph shall be called the
     7  1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,  2009,
     8  2010,  2011,  2012,  2013,  2014, 2015, 2016 [and], 2017, 2018, 2019 and
     9  2020 statewide reduction percentage respectively.   If the  1997,  1998,
    10  2000,  2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
    11  2012, 2013, 2014, 2015, 2016 [and], 2017, 2018, 2019 and 2020  statewide
    12  target  percentage  for the respective year is at least three percentage
    13  points  higher  than  the  statewide  base  percentage,  the   statewide
    14  reduction percentage for the respective year shall be zero.
    15    §  4.  Subparagraph (iii) of paragraph (b) of subdivision 4 of section
    16  64 of chapter 81 of the laws of 1995, amending the public health law and
    17  other laws relating to medical  reimbursement  and  welfare  reform,  as
    18  amended  by  section  9  of part D of chapter 57 of the laws of 2015, is
    19  amended to read as follows:
    20    (iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,
    21  2009,  2010,  2011, 2012, 2013, 2014, 2015, 2016 [and], 2017, 2018, 2019
    22  and 2020 statewide reduction  percentage  shall  be  multiplied  by  one
    23  hundred  two  million  dollars respectively to determine the 1998, 2000,
    24  2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,  2012,
    25  2013, 2014, 2015, 2016 [and], 2017, 2018, 2019 and 2020 statewide aggre-
    26  gate reduction amount. If the 1998 and the 2000, 2001, 2002, 2003, 2004,
    27  2005,  2006,  2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016
    28  [and], 2017, 2018, 2019 and 2020 statewide reduction percentage shall be
    29  zero respectively, there shall be no 1998, 2000, 2001, 2002, 2003, 2004,
    30  2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014,  2015,  2016
    31  [and], 2017, 2018, 2019 and 2020 reduction amount.
    32    §  5.  Subdivision  (i-1) of section 79 of part C of chapter 58 of the
    33  laws of 2008, amending the social services law and the public health law
    34  relating to adjustments of rates, as amended by section 64 of part C  of
    35  chapter 60 of the laws of 2014, is amended to read as follows:
    36    (i-1)  section  thirty-one-a of this act shall be deemed repealed July
    37  1, [2017] 2020;
    38    § 6. Subdivision 12 of section 246 of chapter 81 of the laws of  1995,
    39  amending  the  public  health  law  and  other  laws relating to medical
    40  reimbursement and welfare reform, as amended by section 15 of part D  of
    41  chapter 57 of the laws of 2015, is amended to read as follows:
    42    12. Sections one hundred five-b through one hundred five-f of this act
    43  shall expire [March 31, 2017] June 30, 2018.
    44    § 7. Section 4 of chapter 779 of the laws of 1986, amending the social
    45  services law relating to authorizing services for non-residents in adult
    46  homes,  residences  for adults and enriched housing programs, as amended
    47  by section 63 of part C of chapter 60 of the laws of 2014, is amended to
    48  read as follows:
    49    § 4. This act shall take effect on the one hundred twentieth day after
    50  it shall have become a law and shall remain in  full  force  and  effect
    51  until July 1, [2017] 2020, provided however, that effective immediately,
    52  the addition, amendment and/or repeal of any rules or regulations neces-
    53  sary for the implementation of the foregoing sections of this act on its
    54  effective  date  are authorized and directed to be made and completed on
    55  or before such effective date.
    56    § 8. This act shall take effect immediately.
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