Bill Text: NY S05810 | 2023-2024 | General Assembly | Amended
Bill Title: Sets reimbursement rates for essential safety net hospitals at no less than regional average commercial rates for health care services provided by all hospitals in the same geographic region.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced) 2024-05-21 - REPORTED AND COMMITTED TO FINANCE [S05810 Detail]
Download: New_York-2023-S05810-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5810--A 2023-2024 Regular Sessions IN SENATE March 16, 2023 ___________ Introduced by Sens. RIVERA, MYRIE, BAILEY, CHU, CLEARE, FERNANDEZ, GONZALEZ, GOUNARDES, HOYLMAN-SIGAL, KRUEGER, LIU, RAMOS, SALAZAR, SANDERS, SEPULVEDA, SERRANO -- read 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to setting reimburse- ment rates for essential safety net hospitals The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. Essential safety net hospitals predomi- 2 nately serve historically marginalized neighborhoods and communities of 3 color, with Medicaid and uninsured patients comprising 36 percent or 4 more of their patient population. Years of disinvestment and the current 5 financing system impedes the ability of these facilities to provide 6 equitable care in the communities they serve. The perpetual cycle of 7 underfunding of these hospitals prevents critical investment in services 8 and requires annual supplemental state support to simply remain open to 9 provide care. The legislature seeks to implement a permanent solution to 10 address decades-long inequities faced by communities served by essential 11 safety net hospitals. It is the intent of the legislature to provide 12 enhanced rates to essential safety net hospitals to support investments 13 to stabilize the safety net workforce, allow for investment in critical 14 hospital infrastructure, and provide expanded and equitable programs and 15 services to underserved communities. This legislation will promote 16 access to care by ensuring that essential safety net hospitals in New 17 York's most marginalized communities remain open and are better posi- 18 tioned to successfully meet community needs. It is recognized that this 19 legislation may require eligible hospitals to waive the receipt of Medi- 20 caid Disproportionate Share Hospital allotments as a condition of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10306-07-4S. 5810--A 2 1 receiving enhanced reimbursement rates as a result of this legislation. 2 It is further recognized that an eligible essential safety net hospital 3 may decline to participate in the reimbursement structure created by 4 this legislation. 5 § 2. Section 2807-c of the public health law is amended by adding a 6 new subdivision 34-a to read as follows: 7 34-a. Health equity stabilization and transformation act. (a) For the 8 purposes of this subdivision, "essential safety net hospital" shall 9 mean: 10 (i) Any hospital eligible for participation in the directed payment 11 template (DPT) preprint submitted by the state to the Centers for Medi- 12 caid and Medicare Services for fiscal year two thousand twenty-three; 13 (ii) Any non-state public hospital operated by a county, municipality 14 or public benefit corporation; or 15 (iii) Any voluntary hospital certified under this article that is a 16 general hospital, which, in any of the previous three calendar years, 17 has met the following criteria: 18 (A) at least thirty-six percent of inpatient volumes are associated 19 with Medicaid and uninsured individuals; 20 (B) at least thirty-six percent of outpatient volumes are associated 21 with Medicaid and uninsured individuals; 22 (C) no more than twenty percent of inpatient volumes are associated 23 with commercially insured individuals; and 24 (D) the hospital is not part of a private health system with ten 25 billion dollars or more in annual total patient revenue. 26 (b) For purposes of this subdivision, "essential safety net hospital" 27 shall not include hospitals that are (i) public hospitals operated by 28 the state; (ii) federally designated as a critical access hospital; 29 (iii) federally designated as a sole community hospital; (iv) specialty 30 hospitals; or (v) children's hospitals. 31 (c) For purposes of this subdivision, "health care services" shall 32 include, but is not limited to, acute inpatient discharges, inpatient 33 psychiatric days, ambulatory surgery visits, emergency room visits, and 34 outpatient clinic services. 35 (d) For essential safety net hospitals that qualify pursuant to para- 36 graph (a) of this subdivision, the commissioner shall, subject to feder- 37 al approval, require inpatient hospitals rates and hospital outpatient 38 rates paid by the medical assistance program for services provided to 39 patients enrolled in Medicaid managed care to reimburse the entire class 40 of essential safety net hospitals in each geographic region at no less 41 than regional average commercial rates for health care services provided 42 by all hospitals in the same geographic region, as reported in a bench- 43 marking database maintained by a nonprofit organization specified by the 44 commissioner. Such nonprofit organization shall not be affiliated with 45 an insurer, a corporation subject to article forty-three of the insur- 46 ance law, a municipal cooperative health benefit plan certified pursuant 47 to article forty-seven of the insurance law, a health maintenance organ- 48 ization certified pursuant to article forty-four of this chapter, or a 49 provider licensed under this chapter. For purposes of this paragraph: 50 (i) The commissioner shall establish two geographic regions within the 51 state for establishing the regional average commercial rate. The first 52 region shall consist of the average commercial rate for services 53 provided in the following counties: Bronx, Kings, New York, Queens, and 54 Richmond. The second region shall consist of the average commercial 55 rate for services provided in all of the remaining counties.S. 5810--A 3 1 (ii) The regional average commercial rate for health care services 2 shall reflect the most recent twelve-month period in which data on 3 commercial rates is available, and shall be updated no less frequently 4 than every three years, provided that the average commercial rate shall 5 be trended forward to adjust for inflation on an annual basis between 6 such updates. 7 (iii) The commissioner shall ensure that all essential safety net 8 hospitals shall receive the rates defined in this paragraph. The commis- 9 sioner shall not exclude any qualifying essential safety net hospitals, 10 including public hospitals. 11 (e) In the event it is determined by the commissioner that the state 12 will be unable to secure all necessary federal approvals for the 13 purposes of implementation of this subdivision, the commissioner shall 14 seek approval for reimbursement rates that are as close to the average 15 commercial rate as possible in order to obtain all necessary federal 16 approvals. 17 (f) Managed care organizations shall provide written certification to 18 the commissioner on a quarterly basis that all payments to essential 19 safety net hospitals are made in compliance with this subdivision and in 20 accordance with section three thousand two hundred twenty-four-a of the 21 insurance law. Managed care organizations shall also report to the 22 commissioner claim denial information for claims submitted by essential 23 safety net hospitals, in a manner specified by the commissioner, to be 24 made publicly available. 25 (g) Any hospital qualifying under this subdivision shall annually 26 report to the department demonstrating that it meets the criteria as an 27 essential safety net hospital. The report shall also include information 28 to demonstrate how increased reimbursement has been utilized to improve 29 patient access, patient quality and patient experience. 30 (h) The commissioner shall make any quality data reported by essential 31 safety net hospitals pursuant to paragraph (g) of this subdivision 32 publicly available in a manner that is useful for patients to make qual- 33 ity determinations. 34 (i) No later than September first, two thousand twenty-three, the 35 commissioner shall provide the governor, the temporary president of the 36 senate and the speaker of the assembly with a report on the feasibility 37 of obtaining a state plan amendment to modify the Medicaid fee-for-ser- 38 vice rates for health care services in the manner prescribed in this 39 subdivision. 40 § 3. This act shall take effect on the first of April next succeeding 41 the date on which it shall have become a law. Effective immediately the 42 commissioner of health or their designees shall make such rules and 43 regulations, and seek any federal approvals necessary for the implemen- 44 tation of this act on its effective date.
