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S06959 Text:

                STATE OF NEW YORK
            Cal. No. 922
                               2023-2024 Regular Sessions
                    IN SENATE
                                      May 16, 2023
        Introduced  by  Sens.  RIVERA, BORRELLO, BRESLIN, BROUK, CLEARE, COMRIE,
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Health -- recommitted  to  the  Committee  on  Health  in
          accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
          committee and committed to the Committee on Finance -- reported favor-
          ably from said committee, ordered to first report,  amended  on  first
          report,  ordered  to  a second report and ordered reprinted, retaining
          its place in the order of second report
        AN ACT to amend the public health law, in relation to  federally  quali-
          fied health center rate adequacy
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (b) of subdivision  8  of  section  2807  of  the
     2  public  health law, as added by section 28 of part B of chapter 1 of the
     3  laws of 2002, is amended to read as follows:
     4    (b) For each twelve month period following  September  thirtieth,  two
     5  thousand  one  and  continuing through September thirtieth, two thousand
     6  twenty-five, the operating cost component of such rates of payment shall
     7  reflect the operating cost component in effect on September thirtieth of
     8  the prior period as increased by the percentage increase in the Medicare
     9  Economic Index as computed in accordance with the requirements of 42 USC
    10  § 1396a(aa)(3) and as adjusted pursuant  to  applicable  regulations  to
    11  take  into  account  any  increase  or decrease in the scope of services
    12  furnished by the facility.   For  each  twelve  month  period  following
    13  September thirtieth, two thousand twenty-five, the operating cost compo-
    14  nent  shall  be  calculated consistent with rates of payment established
    15  pursuant to paragraph (c-1)  of  this  subdivision,  and  then  annually
    16  adjusted  by  using  the FQHC Market Basket inflator as calculated under
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 6959--A                          2
     1  federal law, and as adjusted pursuant to applicable regulations to  take
     2  into account any increase or decrease in the scope of services furnished
     3  by the facility.
     4    § 2. Subdivision 8 of section 2807 of the public health law is amended
     5  by adding a new paragraph (c-1) to read as follows:
     6    (c-1)  As  soon as practicable the department shall analyze the actual
     7  federally qualified health center costs filed as required by  department
     8  regulations,  during the prior five year reporting periods.  In addition
     9  to such data, the commissioner shall consider, the  scope  of  services,
    10  including type, intensity, duration and amount, provided by such facili-
    11  ties;  staffing  to  meet competitive market and case mix needs of popu-
    12  lations served; physical plant and  maintenance  costs,  infrastructure;
    13  technology  costs  associated with telehealth modality of service deliv-
    14  ery; informational technology costs; and other costs deemed necessary by
    15  the commissioner.   Notwithstanding any other statute,  rule,  or  regu-
    16  lation  otherwise  imposing  ceilings  or  caps on payments to federally
    17  qualified health centers, provided that such payments are still  subject
    18  to  federal financial participation, beginning on April first, two thou-
    19  sand twenty-five, the department shall develop and issue  updated  rates
    20  of payments reflecting the actual costs and updated aggregated data.
    21    § 3.  This act shall take effect immediately.
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