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S06559 Summary:

S06559 Actions:

S06559 Committee Votes:

S06559 Floor Votes:

S06559 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6559
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      June 2, 2017
                                       ___________
 
        Introduced  by  Sen.  HANNON -- 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  payment  for
          reserved bed days in residential health care facilities; and to repeal
          paragraph  (f) of subdivision 2-c of section 2808 of such law relating
          to prospective per diem adjustments for certain nursing homes
 
          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 or 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11945-03-7
        S. 6559                             2
 
     1  participation,  with  regard  to services provided to residential health
     2  care facility residents twenty-one years of age or  older,  the  commis-
     3  sioner  shall promulgate regulations, and may promulgate emergency regu-
     4  lations,  effective  for  periods  on and after July first, two thousand
     5  twelve, establishing reimbursement rates for reserved bed days.
     6    (ii) Such regulations shall, for each Medicaid patient for any  twelve
     7  month  period,  provide for reimbursement for reserved bed days for: (A)
     8  up to an aggregate of fourteen days for hospitalizations and  for  other
     9  therapeutic  leave of absences consistent with a plan of care ordered by
    10  such patient's treating health care professional; and (B) up  to  aggre-
    11  gate of ten days of other leaves of absence.
    12    (iii)  No  later  than  thirty  days  after promulgation of such regu-
    13  lations, the commissioner shall advise the chair of the  senate  finance
    14  committee,  the  chair  of the assembly ways and means committee and the
    15  chairs of the senate and assembly health  committees  of  the  projected
    16  reductions  expected  to  be achieved under the methodology set forth in
    17  such regulations.
    18    (iv) In the event the commissioner determines,  in  consultation  with
    19  the director of the budget, that the regulations promulgated pursuant to
    20  subparagraph  (i)  of  this  paragraph shall achieve projected aggregate
    21  Medicaid savings, as determined by the commissioner, of less than  forty
    22  million  dollars  for  the  state fiscal year beginning April first, two
    23  thousand twelve, and each state fiscal year thereafter, the commissioner
    24  shall establish a prospective per diem rate adjustment for  all  nursing
    25  homes, other than nursing homes providing services primarily to children
    26  under  the  age  of twenty-one, sufficient to achieve such forty million
    27  dollars in savings for each such state fiscal year.
    28    § 2. Paragraph (f) of subdivision 2-c of section 2808  of  the  public
    29  health law is REPEALED.
    30    §  3.  This  act  shall take effect immediately and shall be deemed to
    31  have been in full force and effect on and after April 1, 2017.