- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A07746 Summary:
BILL NO | A07746 |
  | |
SAME AS | SAME AS S06153 |
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SPONSOR | Gottfried |
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COSPNSR | |
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MLTSPNSR | |
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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 | |
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Extends the effectiveness and expiration of various provisions of law providing reimbursement to residential health care facilities, adult homes and residences for adults. |
A07746 Actions:
BILL NO | A07746 | |||||||||||||||||||||||||||||||||||||||||||||||||
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05/11/2017 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
06/06/2017 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2017 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2017 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2017 | rules report cal.168 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2017 | ordered to third reading rules cal.168 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2017 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2017 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2017 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2017 | SUBSTITUTED FOR S6153 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2017 | 3RD READING CAL.1161 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2017 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/14/2017 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/23/2017 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
06/29/2017 | signed chap.49 |
A07746 Committee Votes:
Gottfried | Aye | Raia | Aye | ||||||
Schimminger | Aye | McDonough | Aye | ||||||
Galef | Aye | Ra | Aye | ||||||
Dinowitz | Aye | Walter | Aye | ||||||
Cahill | Aye | Garbarino | Aye | ||||||
Paulin | Aye | Byrne | Aye | ||||||
Cymbrowitz | Aye | Norris | Aye | ||||||
Gunther | Aye | ||||||||
Rosenthal | Aye | ||||||||
Hevesi | Aye | ||||||||
Lavine | Aye | ||||||||
Titone | Aye | ||||||||
Mayer | Aye | ||||||||
Jaffee | Aye | ||||||||
Steck | Aye | ||||||||
Abinanti | Aye | ||||||||
Braunstein | Aye | ||||||||
Kim | Aye | ||||||||
Solages | Aye | ||||||||
Farrell | Aye | Oaks | Aye | ||||||
Lentol | Aye | Crouch | Aye | ||||||
Schimminger | Aye | Barclay | Aye | ||||||
Gantt | Aye | Fitzpatrick | Aye | ||||||
Weinstein | Aye | Hawley | Aye | ||||||
Glick | Aye | Malliotakis | Aye | ||||||
Nolan | Excused | Walter | Aye | ||||||
Pretlow | Aye | Montesano | Aye | ||||||
Perry | Aye | Curran | Aye | ||||||
Colton | Aye | Ra | Aye | ||||||
Cook | Aye | ||||||||
Cahill | Aye | ||||||||
Aubry | Aye | ||||||||
Hooper | Aye | ||||||||
Thiele | Aye | ||||||||
Cusick | Aye | ||||||||
Ortiz | Aye | ||||||||
Benedetto | Aye | ||||||||
Moya | Excused | ||||||||
Weprin | Aye | ||||||||
Rodriguez | Aye | ||||||||
Ramos | Excused | ||||||||
Braunstein | Aye | ||||||||
McDonald | Aye | ||||||||
Rozic | Aye | ||||||||
Heastie | Aye | Kolb | Aye | ||||||
Gottfried | Aye | Oaks | Aye | ||||||
Lentol | Excused | Butler | Aye | ||||||
Farrell | Aye | Crouch | Aye | ||||||
Gantt | Aye | Finch | Aye | ||||||
Nolan | Aye | Barclay | Aye | ||||||
Weinstein | Aye | Raia | Aye | ||||||
Hooper | Excused | Hawley | Aye | ||||||
Ortiz | Excused | ||||||||
Pretlow | Aye | ||||||||
Cook | Aye | ||||||||
Glick | Aye | ||||||||
Morelle | Aye | ||||||||
Aubry | Aye | ||||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Excused | ||||||||
Galef | Aye | ||||||||
Paulin | Aye | ||||||||
Titus | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Go to top
A07746 Floor Votes:
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
A07746 Text:
Go to top 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. LBD09944-01-7A. 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 calculateA. 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 1996A. 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 thisA. 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.