Bill Text: NY A10189 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes an advanced residential health care for aging adults medical fragility demonstration program to construct a new facility or repurpose part of an existing facility to operate as an adult residential health care facility for the purpose of improving the quality of care for aging adults with medical fragility.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2024-12-21 - signed chap.637 [A10189 Detail]

Download: New_York-2023-A10189-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10189

                   IN ASSEMBLY

                                      May 10, 2024
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
          read once and referred to the Committee on Health

        AN ACT to amend the public health law, in relation  to  establishing  an
          advanced residential health care for aging adults with medical fragil-
          ity demonstration program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  2808-f to read as follows:
     3    §  2808-f.  Advanced  residential health care for aging adults medical
     4  fragility demonstration program. 1. Notwithstanding any  law,  rule,  or
     5  regulation  to  the  contrary,  the  commissioner  shall, within amounts
     6  appropriated and  subject  to  the  availability  of  federal  financial
     7  participation,  establish  a  demonstration  program  for eligible adult
     8  residential health care facilities,  as  defined  in  paragraph  (c)  of
     9  subdivision  two  of this section, to construct a new facility or repur-
    10  pose part of an existing facility to operate  as  an  adult  residential
    11  health  care  facility  for the purpose of improving the quality of care
    12  for aging adults with medical fragility.
    13    2. For purposes of this section:
    14    (a) "Aging adults with medical fragility" shall mean adults  from  age
    15  thirty-five  to end of life who have a chronic debilitating condition or
    16  conditions, are at risk of hospitalization, are technology-dependent for
    17  life or health sustaining functions, require complex medication regimens
    18  or medical interventions to maintain or to improve their health  status,
    19  and/or  are  in  need  of  ongoing assessment or intervention to prevent
    20  serious deterioration of their health status  or  medical  complications
    21  that place their life, health or development at risk.
    22    (b)  "Adult residential health care facility" shall mean a residential
    23  health care facility or discrete  unit  of  a  residential  health  care
    24  facility providing services to adults over the age of thirty-five.
    25    (c)  "Eligible  adult  residential  health care facilities" shall mean
    26  adult health care facilities that meet the following eligibility  crite-
    27  ria  for  the demonstration program set forth in subdivision one of this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15463-01-4
        A. 10189                            2

     1  section:  (i) has over one hundred ten adult beds licensed under article
     2  sixteen of this chapter; or (ii) is currently licensed  for  adult  beds
     3  pursuant  to  article  sixteen  of  this chapter, is licensed to provide
     4  diagnostic  and  treatment services pursuant to this article, and quali-
     5  fies for funds pursuant to a vital access provider assurance program  or
     6  a  value based payment incentive program, as administered by the depart-
     7  ment in accordance with all requirements set forth in the state's feder-
     8  al 1115 Medicaid waiver standard terms and conditions.
     9    3. Upon receipt of a certificate of need application from an  eligible
    10  adult  residential health care facility selected by the commissioner for
    11  the demonstration program authorized under this section, the commission-
    12  er is authorized to approve, with the written  approval  of  the  public
    13  health  and  health  planning  council  pursuant to section twenty-eight
    14  hundred two of this article,  the  construction  of  a  new  residential
    15  health  care facility to be constructed and operated on a parcel of land
    16  within the same county as that of an eligible adult  residential  health
    17  care facility that is proposing such new facility and over which it will
    18  have  site  control,  or  the  repurposing of a portion of a residential
    19  health care facility that is currently serving  geriatric  residents  or
    20  those  with similar needs for the provision of nursing, medical, psycho-
    21  logical and counseling support services  appropriate  to  the  needs  of
    22  nursing  home-eligible adults with medical fragility, referred to herein
    23  below as an aging adult facility, provided that the established operator
    24  of such eligible adult residential health care  facility  proposing  the
    25  aging  adult  facility  is in good standing and possesses at least forty
    26  years' prior experience operating as an adult  residential  health  care
    27  facility  in  the  state  or  more  than forty years' experience serving
    28  medically fragile adult patients, and provided further that such facili-
    29  ty qualifies for the demonstration program set forth in subdivision  one
    30  of this section.
    31    4.  An  aging adult facility established pursuant to subdivision three
    32  of this section may admit, from the community-at-large or upon  referral
    33  from  an  unrelated  facility,  aging adults with medical fragility who,
    34  prior to reaching  age  thirty-five,  were  young  adults  with  medical
    35  fragility,  and  who  are  eligible for nursing home care and in need of
    36  extensive  nursing,  medical,  psychological  and   counseling   support
    37  services,  provided that the aging adult facility, to promote continuity
    38  of care, undertakes to provide priority admission to aging  adults  with
    39  medical  fragility  transitioning  from the pediatric residential health
    40  care facility or unit operated by the entity  that  proposed  the  aging
    41  adult  facility  and  ensure sufficient capacity to admit such adults as
    42  they attain thirty-five years of age.
    43    5. (a) For inpatient  services  provided  to  any  aging  adults  with
    44  medical  fragility  eligible  for  medical  assistance pursuant to title
    45  eleven of article five of the social services law residing at any eligi-
    46  ble residential health care facility as authorized in subdivision  three
    47  of  this  section, the commissioner shall establish the operating compo-
    48  nent of rates of reimbursement appropriate for aging adults with medical
    49  fragility residing at an adult  residential  health  care  facility,  to
    50  apply to such adults thirty-five years of age or older. Such methodology
    51  shall  take into account the methodology used to establish the operating
    52  component of the rates pursuant to section twenty-eight hundred eight of
    53  this article for  adult  residential  health  care  facilities  with  an
    54  increase  or  decrease  adjustment  as  appropriate  to  account for any
    55  discrete expenses associated with caring for aging adults  with  medical
        A. 10189                            3

     1  fragility, including addressing their distinct needs as aging adults for
     2  medical and psychological support services.
     3    (b)  For  inpatient services provided to any aging adults with medical
     4  fragility eligible for medical assistance pursuant to  title  eleven  of
     5  article  five  of the social services law at any young adult facility as
     6  authorized in section twenty-eight hundred eight-e of this article,  the
     7  commissioner  shall  establish  the  operating  component  of  rates  of
     8  reimbursement appropriate for adults with medical fragility. Such  meth-
     9  odology  shall  take  into account the methodology used to establish the
    10  operating component  of  the  rates  pursuant  to  section  twenty-eight
    11  hundred  eight  of  this article for young adult residential health care
    12  facilities with an increase or decrease  adjustment  as  appropriate  to
    13  account  for  any  discrete  expenses  associated  with caring for aging
    14  adults with medical fragility, including addressing their distinct needs
    15  as aging adults for medical and psychological services.
    16    6. The commissioner shall have authority to waive any  rule  or  regu-
    17  lation  to  effectuate  the demonstration program authorized pursuant to
    18  subdivision one of this section.
    19    § 2. This act shall take effect immediately.