Bill Text: NY S07226 | 2009-2010 | General Assembly | Introduced

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Bill Title: Relates to allowing residential health care facilities meeting certain requirements located in Erie county and Niagara county reimbursement at rate of forty percent above the rate set forth in 10 NYCRR section 86-2.10.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-04-19 - RECOMMIT, ENACTING CLAUSE STRICKEN [S07226 Detail]

Download: New_York-2009-S07226-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7226
                                   I N  S E N A T E
                                    March 24, 2010
                                      ___________
       Introduced  by Sens. STACHOWSKI, MAZIARZ, THOMPSON, VOLKER -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Health
       AN ACT to amend the social services law, in  relation  to  payments  for
         residential health care facilities in Erie county and Niagara county
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The social services law is amended by adding a new  section
    2  367-v to read as follows:
    3    S 367-V. PAYMENT FOR RESIDENTIAL HEALTH CARE FACILITIES IN ERIE COUNTY
    4  AND  NIAGARA  COUNTY.  1. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO
    5  THE CONTRARY, RESIDENTIAL HEALTH CARE FACILITIES  MEETING  FIVE  OF  THE
    6  FOLLOWING SIX CATEGORIES:
    7    (A)  THE  FACILITY  IS  A  NOT-FOR-PROFIT FACILITY LOCATED IN AN URBAN
    8  AREA;
    9    (B) THE FACILITY IS A HOSPITAL AFFILIATED FACILITY;
   10    (C) THE FACILITY IS IN A METROPOLITAN STATISTICAL AREA WHERE LESS THAN
   11  TWENTY PERCENT OF THE TOTAL POPULATION IS OVER THE AGE OF SIXTY-FIVE;
   12    (D) THE FACILITY HAS OVER EIGHTY PERCENT OF MEDICAID PAYOR MIX;
   13    (E) THERE IS JOB RETENTION AND OR CREATION FOR AT  LEAST  ONE  HUNDRED
   14  TWENTY PEOPLE PER FACILITY; AND
   15    (F) THE FACILITY IS LOCATED IN ERIE COUNTY OR NIAGARA COUNTY;
   16  SHALL  BE REIMBURSED AT A RATE OF FORTY PERCENT ABOVE THE RATE SET FORTH
   17  IN 10 NYCRR SECTION 86-2.10 FOR ALL CARE PROVIDED AT SUCH FACILITY.
   18    2. THE TERM "RESIDENTIAL HEALTH CARE FACILITIES" SHALL MEAN ALL FACIL-
   19  ITIES OR ORGANIZATIONS COVERED BY THE TERM "NURSING HOME" AS DEFINED  IN
   20  SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH
   21  LAW,  INCLUDING  HOSPITAL-BASED  RESIDENTIAL HEALTH CARE FACILITIES, AND
   22  NURSING FACILITIES AS DEFINED IN SECTION  1919  OF  THE  FEDERAL  SOCIAL
   23  SECURITY  ACT,  PROVIDED  THAT SUCH FACILITY POSSESSES A VALID OPERATING
   24  CERTIFICATE ISSUED BY  THE  STATE  COMMISSIONER  OF  HEALTH  AND,  WHERE
   25  REQUIRED, HAS BEEN ESTABLISHED BY THE PUBLIC HEALTH COUNCIL.
   26    3.  THE  COMMISSIONER  OF  HEALTH IS HEREBY AUTHORIZED AND DIRECTED TO
   27  ADOPT RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15615-06-0
       S. 7226                             2
    1    S 2. This act shall take effect immediately, provided,  however,  that
    2  the  commissioner  of  health shall promulgate any rules and regulations
    3  necessary for the implementation of this act on or before such effective
    4  date.