Bill Text: NY S01029 | 2021-2022 | General Assembly | Introduced

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Bill Title: Aids in the transition to adulthood for children with medical fragility living in pediatric nursing homes and other settings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S01029 Detail]

Download: New_York-2021-S01029-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1029

                               2021-2022 Regular Sessions

                    IN SENATE

                                     January 6, 2021
                                       ___________

        Introduced  by  Sen.  STEWART-COUSINS -- 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  aiding  in  the
          transition  to adulthood for children with medical fragility living in
          pediatric nursing homes and other settings

          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-e to read as follows:
     3    § 2808-e. Residential health care for children with medical  fragility
     4  in  transition  to young adults and young adults with medical fragility.
     5  1. For purposes of this section:
     6    (a) "children with medical fragility" shall mean children up to  twen-
     7  ty-one  years of age who have a chronic debilitating condition or condi-
     8  tions, are at risk of hospitalization, are technology-dependent for life
     9  or health sustaining functions, require complex medication  regimens  or
    10  medical  interventions  to  maintain  or to improve their health status,
    11  and/or are in need of ongoing  assessment  or  intervention  to  prevent
    12  serious  deterioration  of  their health status or medical complications
    13  that place their life, health or development at risk.
    14    (b) "young adults with medical fragility" shall mean  individuals  who
    15  meet the definition of children with medical fragility, but for the fact
    16  such individuals are aged twenty-one years or older.
    17    (c)  "pediatric  residential  health care facility" shall mean a free-
    18  standing facility or discrete unit within a facility authorized  by  the
    19  commissioner  to  provide  extensive nursing, medical, psychological and
    20  counseling support services solely to children.
    21    2. Notwithstanding any law, rule or regulation to  the  contrary,  any
    22  child with medical fragility who has resided for at least thirty consec-
    23  utive  days  in a pediatric residential health care facility and who has
    24  reached the age of twenty-one while a resident, may continue residing at

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02583-01-1
        S. 1029                             2

     1  such pediatric facility and receiving such services from  the  facility,
     2  provided  that  such young adult with medical fragility remains eligible
     3  for nursing home care.
     4    3.  The  commissioner  is  authorized  to  establish, with the written
     5  approval of the public health and health planning  council  pursuant  to
     6  section  twenty-eight  hundred  one-a  of  this article, one or more new
     7  residential  health  care  facilities  for  the  provision  of  nursing,
     8  medical,  psychological  and  counseling support services appropriate to
     9  the needs of nursing home-eligible young adults with medical  fragility,
    10  referred  to  herein  below  as a young adult facility, which such young
    11  adult facility may be proposed by an established or proposed operator of
    12  a pediatric residential health care facility or a discrete  unit  within
    13  an established nursing home in good standing.
    14    4. A young adult facility established pursuant to subdivision three of
    15  this  section  may  admit,  from the community-at-large or upon referral
    16  from an unrelated facility, young  adults  with  medical  fragility  who
    17  prior  to  reaching age twenty-one were children with medical fragility,
    18  and who are eligible for nursing home care  and  in  need  of  extensive
    19  nursing,   medical,   psychological  and  counseling  support  services,
    20  provided that the young adult facility, to promote continuity  of  care,
    21  undertakes  to  provide  priority admission to young adults with medical
    22  fragility transitioning  from  the  pediatric  residential  health  care
    23  facility  operated  by the entity that proposed the young adult facility
    24  and ensure sufficient capacity  to  admit  such  young  adults  as  they
    25  approach or attain twenty-one years of age.
    26    5.  (a)  For  inpatient  services  provided  to  any young adults with
    27  medical fragility eligible for  medical  assistance  pursuant  to  title
    28  eleven of article five of the social services law residing at any pedia-
    29  tric  residential  health care facility as authorized in subdivision two
    30  of this section, the commissioner shall reimburse such pediatric facili-
    31  ty at the same rates of reimbursement approved by the  commissioner  for
    32  children  with  medical fragility residing at said pediatric residential
    33  health care facility pursuant to section twenty-eight hundred  eight  of
    34  this article.
    35    (b)  For  inpatient services provided to any young adults with medical
    36  fragility eligible for medical assistance pursuant to  title  eleven  of
    37  article  five  of the social services law at any young adult facility as
    38  authorized in subdivision three of this section, the commissioner  shall
    39  establish  the  operating  component of rates of reimbursement utilizing
    40  the same methodology used to establish the operating  component  of  the
    41  rates pursuant to section twenty-eight hundred eight of this article for
    42  the  free-standing  pediatric residential health care facility described
    43  in subdivision three of this section, subject to adjustment as appropri-
    44  ate to account for any discrete  expenses  associated  with  caring  for
    45  young adults with medical fragility, including addressing their distinct
    46  needs as young adults for psychological and counseling support services.
    47    6. Subject to the foregoing, all other laws and regulations that apply
    48  to  pediatric  residential  health care facilities, including exemptions
    49  from laws and regulations  otherwise  applicable  to  other  residential
    50  health  care  facilities,  shall also apply to any pediatric residential
    51  health care facility authorized in subdivision two of  this  section  to
    52  provide inpatient services to young adults with medical fragility and to
    53  any  young  adult  facility established pursuant to subdivision three of
    54  this section, and to any inpatient  services  provided  by  either  such
    55  facility.
    56    § 2. This act shall take effect immediately.