STATE OF NEW YORK
________________________________________________________________________
3193--B
2023-2024 Regular Sessions
IN SENATE
January 30, 2023
___________
Introduced by Sens. MANNION, HINCHEY, KENNEDY, LANZA, PALUMBO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Disabilities -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Disabilities 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 mental hygiene law, in relation to reimbursement for
residential habilitation services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (ii) of subdivision (c) of section 43.02 of the
2 mental hygiene law, as amended by section 3 of part OO of chapter 58 of
3 the laws of 2015, is amended and a new subdivision (d) is added to read
4 as follows:
5 (ii) methodologies used in the establishment of the schedules of rates
6 or fees pursuant to this section provided, however, that in accordance
7 with subdivision (d) of this section, the commissioner of health shall
8 adopt rules and regulations including methodologies developed by [him or
9 her] such commissioner for services provided by any facility or program
10 licensed, operated or approved by the office for people with develop-
11 mental disabilities; provided, however, that such rules and regulations
12 shall be subject to the approval of the office for people with develop-
13 mental disabilities and shall take into account the policies and goals
14 of such office.
15 (d) (i) For purposes of this subdivision, the following terms shall
16 have the following meanings:
17 (1) "Retainer days" are days of medical leave or an associated day
18 where any other institutional or in-patient medical payment is made for
19 providing residential habilitation services to a person eligible for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04991-03-4
S. 3193--B 2
1 medical assistance pursuant to title eleven of article five of the
2 social services law.
3 (2) "Service days" are days when residential habilitation services are
4 provided in a community residence under the home and community-based
5 waiver operated by the office for people with developmental disabilities
6 and pursuant to regulations promulgated by the commissioner of the
7 office for people with developmental disabilities to a person who is
8 either present in the community residence or is absent from the communi-
9 ty residence and residential habilitation services are performed by
10 staff. Such services shall include habilitation services, protective
11 oversight services, supervision services, nursing supervision of direct
12 care staff and coordination of a person's health care needs, the coordi-
13 nation of necessary medical appointments, follow-up reports from medical
14 appointments, follow-up and interface with hospital staff regarding
15 emergency room visits and other hospitalizations, services and supplies
16 related to program-related transportation, nutrition services directly
17 related to habilitation services and psychology services that support a
18 person's need for behavioral supports in a service setting.
19 (3) "Therapy days" are days when a person eligible for medical assist-
20 ance pursuant to title eleven of article five of the social services law
21 is away from a supervised community residence and is not otherwise
22 receiving services from paid residential habilitation staff and the
23 absence is for the purpose of visiting with family or friends, or a
24 vacation. The therapy day must be described in the person's plan of care
25 to be eligible for payment and the person may not receive another Medi-
26 caid-funded residential or in-patient service on that day.
27 (4) "Occupancy adjustment" is an adjustment to the calculated daily
28 rate of an agency which provides residential habilitation services in a
29 supervised community residence to account for vacancy days.
30 (5) "Vacancy days" are days for which the provider is unable to bill
31 for Medicaid due to a person residing in a community residence having
32 moved from one residential site to another, or due to the death of the
33 individual.
34 (ii) Notwithstanding any inconsistent provision of this section, or
35 any other law or regulation to the contrary and subject to the avail-
36 ability of federal financial participation, for any reimbursement for
37 residential habilitation services provided in a supervised community
38 residence according to a daily unit of service as promulgated by the
39 commissioner of health:
40 (1) retainer days shall be reimbursed at one hundred percent the daily
41 rate as determined pursuant to regulations promulgated by the commis-
42 sioner of health, provided, however a provider is limited to being paid
43 fourteen retainer days per rate year, multiplied by certified capacity;
44 (2) therapy days shall be reimbursed at one hundred percent the daily
45 rate as determined pursuant to regulations promulgated by the commis-
46 sioner of health, provided, however, a provider is limited to being paid
47 ninety-six therapy days per rate year per person; and
48 (3) for the rate periods beginning July first, two thousand twenty-
49 two, providers shall receive an occupancy adjustment to the operating
50 component of their rate, as the operating component of their rate is
51 determined pursuant to regulations promulgated by the commissioner of
52 health, for vacancy days. The occupancy adjustment percentage shall be
53 calculated by dividing the sum of a provider's rate period reported
54 retainer days, service days and therapy days by one hundred percent of
55 the provider's certified capacity. The certified capacity of the provid-
56 er is calculated by taking into account capacity changes throughout the
S. 3193--B 3
1 year, multiplied by one hundred percent of the year's days. The adjust-
2 ment will begin on July first, two thousand twenty-two and shall be
3 recalculated on an annual basis based on the most current and complete
4 twelve months of experience. The occupancy adjustment will be the lower
5 of the provider's actual occupancy adjustment percentage or five
6 percent.
7 § 2. This act shall take effect immediately and shall be deemed to
8 have been in full force and effect on and after April 1, 2025.
