Authorizes the commissioner to make payments of medical assistance funds for long-term stays in large residential mental health institutions, issue guidance on admission and determine maximum allowable rates.
STATE OF NEW YORK
________________________________________________________________________
8422
IN SENATE
February 28, 2022
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the social services law, in relation to authorizing
payments of medical assistance funds for long-term stays in large
residential mental health institutions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The social services law is amended by adding a new section
2 367-w to read as follows:
3 § 367-w. Payment for large mental health institutions. 1. For the
4 purpose of this section, "large residential mental health institution"
5 shall mean an institution for mental diseases as defined by 42 CFR §
6 435.1010.
7 2. The commissioner may authorize the payment of medical assistance
8 funds for long-term stays in large residential mental health insti-
9 tutions. The commissioner shall:
10 (a) issue guidance on the admission to large residential mental health
11 institutions for beneficiaries who access mental health services under
12 the medical assistance program; and
13 (b) determine maximum allowable rates for large residential mental
14 health institutions based upon the medical assistance program fee-for-
15 service inpatient rates for the same or similar services, or any other
16 data deemed reliable and relevant by the commissioner.
17 3. Notwithstanding subdivision two of this section, the commissioner
18 shall only authorize the payment of medical assistance funds for long-
19 term stays in large residential mental health institutions if federal
20 financial participation is available for medical assistance expenditures
21 made pursuant to such subdivision.
22 4. Within six months of the effective date of this section, the
23 commissioner of health shall prepare and submit to the Centers for
24 Medicare and Medicaid Services an application for a waiver, pursuant to
25 section 1115 of the Social Security Act, 42 USC 1315, to allow the
26 payment of medical assistance funds for long-term stays in large mental
27 health institution.
28 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14656-02-2
