Relates to payments for reserved bed days, including payments to a facility; allows the commissioner of health to promulgate regulations establishing reimbursement rates for reserved bed days.
STATE OF NEW YORK
________________________________________________________________________
5997
2017-2018 Regular Sessions
IN SENATE
May 10, 2017
___________
Introduced by Sen. CROCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to reserved bed days
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 25 of section 2808 of the public health law, as
2 amended by section 2 of part E of chapter 57 of the laws of 2017, is
3 amended to read as follows:
4 25. Reserved bed days. (a) For purposes of this subdivision, a
5 "reserved bed day" is a day for which a governmental agency pays a resi-
6 dential health care facility to reserve a bed for a person eligible for
7 medical assistance pursuant to title eleven of article five of the
8 social services law while he or she is temporarily hospitalized on
9 [therapeutic] leave of absence from the facility.
10 (b) Notwithstanding any other provisions of this section or any other
11 law or regulation to the contrary, for reserved bed days provided on
12 behalf of persons twenty-one years of age or older:
13 (i) payments for reserved bed days shall be made at ninety-five
14 percent of the Medicaid rate otherwise payable to the facility for
15 services provided on behalf of such person; [and]
16 (ii) payment to a facility for reserved bed days provided on behalf of
17 such person for temporary hospitalizations may not exceed fourteen days
18 in any twelve month period; and
19 (iii) payment to a facility for reserved bed days provided on behalf
20 of such person for [therapeutic] non-hospitalization leaves of absence
21 may not exceed ten days in any twelve month period.
22 (c)(i) Notwithstanding any contrary provision of this subdivision or
23 any other law and subject to the availability of federal financial
24 participation, with regard to services provided to residential health
25 care facility residents twenty-one years of age and older, the commis-
26 sioner shall promulgate regulations, and may promulgate emergency regu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11475-01-7
S. 5997 2
1 lations, effective for periods on and after July first, two thousand
2 twelve, establishing reimbursement rates for reserved bed days.
3 (ii) Such regulations shall, for each Medicaid patient for any twelve
4 month period, provide for reimbursement for reserved bed days for: (A)
5 up to an aggregate of fourteen days for hospitalizations and for other
6 therapeutic leaves for absence consistent with a plan of care ordered by
7 such patient's treating health care professional; and (B) up to an
8 aggregate of ten days of other leaves of absence.
9 (iii) No later than thirty days after promulgation of such regu-
10 lations, the commissioner shall advise the chairs of the senate finance
11 and health committees and the assembly ways and means and health commit-
12 tees of the projected reductions expected to be achieved under the meth-
13 odology set forth in such regulations.
14 (iv) In the event the commissioner determines, in consultation with
15 the director of the budget, that the regulations promulgated pursuant to
16 subparagraph (i) of this paragraph shall achieve projected aggregate
17 Medicaid savings, as determined by the commissioner, of less than forty
18 million dollars for the state fiscal year beginning April first, two
19 thousand twelve, and each state fiscal year thereafter, the commissioner
20 shall establish a prospective per diem rate adjustment for all nursing
21 homes, other than nursing homes providing services primarily to children
22 under the age of twenty-one, sufficient to achieve such forty million
23 dollars in savings for each such state fiscal year.
24 § 2. This act shall take effect immediately.
