Bill Text: NY S02964 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to applying a special Medicaid rate for releasees in facilities or discrete units within facilities that provide long term nursing or medical services.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S02964 Detail]

Download: New_York-2021-S02964-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2964

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 26, 2021
                                       ___________

        Introduced by Sens. SEPULVEDA, PARKER -- 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 applying a special
          Medicaid rate for releasees in nursing homes

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

     1    Section 1. Paragraph (e) of subdivision 2-b of  section  2808  of  the
     2  public  health  law,  as added by section 47 of part C of chapter 109 of
     3  the laws of 2006, is amended to read as follows:
     4    (e) For rate periods subsequent to two  thousand  nine  which  utilize
     5  reported  costs  from  a  base  year subsequent to two thousand two, the
     6  following categories of facilities, as established pursuant to  applica-
     7  ble  regulations,  shall receive rates that are no less than equivalent,
     8  as determined by the commissioner, to the rates that were in effect  for
     9  such  facilities  on  December  thirty-first,  two thousand six, trended
    10  forward for inflation to the applicable rate period: (A) AIDS facilities
    11  or discrete AIDS units within facilities, (B) discrete units  for  resi-
    12  dents receiving care in a long term inpatient rehabilitation program for
    13  traumatic brain injured persons, (C) discrete units for long term venti-
    14  lator  dependent  residents,  (D)  discrete  units providing specialized
    15  programs for residents requiring  behavioral  interventions,  [and]  (E)
    16  facilities  or  discrete  units within facilities that provide extensive
    17  nursing, medical, psychological and counseling support  services  solely
    18  to children, and (F) facilities or discrete units within facilities that
    19  provide long term nursing or medical services for persons returning from
    20  incarceration.
    21    §  2.  Paragraph  (c) of subdivision 2-c of section 2808 of the public
    22  health law, as added by section 95 of part H of chapter 59 of  the  laws
    23  of 2011, is amended to read as follows:
    24    (c) The non-capital component of the rates for: (i) AIDS facilities or
    25  discrete AIDS units within facilities; (ii) discrete units for residents

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03854-01-1
        S. 2964                             2

     1  receiving care in a long-term inpatient rehabilitation program for trau-
     2  matic  brain injured persons; (iii) discrete units providing specialized
     3  programs for residents requiring behavioral interventions; (iv) discrete
     4  units for long-term ventilator dependent residents; [and] (v) facilities
     5  or  discrete  units  within  facilities  that provide extensive nursing,
     6  medical, psychological and counseling support services solely  to  chil-
     7  dren;  and (vi) facilities or discrete units within facilities providing
     8  long term nursing or medical services for persons returning from  incar-
     9  ceration  shall reflect the rates in effect for such facilities on Janu-
    10  ary first, two thousand nine, as adjusted for inflation and rate appeals
    11  in accordance with applicable statutes,  provided,  however,  that  such
    12  rates  for  facilities  described  in subparagraph (i) of this paragraph
    13  shall reflect the application of the provisions  of  section  twelve  of
    14  part  D  of  chapter  fifty-eight  of the laws of two thousand nine, and
    15  provided further, however, that insofar  as  such  rates  reflect  trend
    16  adjustments for trend factors attributable to the two thousand eight and
    17  two  thousand  nine  calendar  years  the aggregate amount of such trend
    18  factor adjustments shall be subject to the provisions of section two  of
    19  part  D  of  chapter  fifty-eight  of  the laws of two thousand nine, as
    20  amended.
    21    § 3. This act shall take effect one year after it shall have become  a
    22  law.