S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5347--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by M. of A. KOON, FIELDS, BARCLAY, BURLING, BACALLES, LIFTON
  -- Multi-Sponsored by -- M. of A.  KOLB,  SAYWARD  --  read  once  and
  referred to the Committee on Health -- recommitted to the Committee on
  Health  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to reimbursements  to
  rural health care facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 2807-c of the public health law is
amended by adding a new paragraph (m) to read as follows:
  (M) WHERE A GENERAL HOSPITAL IS DESIGNATED AS A PRIMARY CARE  HOSPITAL
PURSUANT TO SECTION TWENTY-NINE HUNDRED FIFTY-SEVEN OF THIS CHAPTER, FOR
PERIODS  BEGINNING  ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, SUCH
GENERAL HOSPITAL'S ACUTE CARE INPATIENT  RATE  SHALL  BE  EQUAL  TO  ONE
HUNDRED  AND  ONE  PERCENT  OF  THE REASONABLE COSTS OF THE PRIMARY CARE
HOSPITAL IN PROVIDING SUCH SERVICES. REASONABLE COSTS  SHALL  BE  DETER-
MINED  IN  A  MANNER  CONSISTENT WITH THAT USED TO DETERMINE PAYMENT FOR
INPATIENT CRITICAL ACCESS SERVICES PROVIDED TO  BENEFICIARIES  OF  TITLE
XVIII OF THE FEDERAL SOCIAL SECURITY ACT (MEDICARE).
  S  2. Section 2807 of the public health law is amended by adding a new
subdivision 20 to read as follows:
  20. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW  OR  REGULATION,
FOR  PERIODS  BEGINNING  ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN,
RATES OF PAYMENT BY GOVERNMENTAL AGENCIES FOR  TREATMENT  OR  DIAGNOSTIC
CENTER,  EMERGENCY,  GENERAL HOSPITAL OUTPATIENT, AMBULATORY SURGERY AND
REFERRED AMBULATORY SERVICES PROVIDED  BY  AN  UPGRADED  DIAGNOSTIC  AND
TREATMENT CENTER, AS DEFINED IN SECTION TWENTY-NINE HUNDRED FIFTY-SIX OF
THIS  CHAPTER, OR A PRIMARY CARE HOSPITAL, AS DEFINED IN SECTION TWENTY-
NINE HUNDRED FIFTY-SEVEN OF THIS CHAPTER, SHALL BE EQUAL TO ONE  HUNDRED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02505-03-0
              

A. 5347--A                          2

AND  ONE  PERCENT  OF THE REASONABLE COSTS OF SUCH FACILITY IN PROVIDING
SUCH SERVICES. NO MAXIMUM PAYMENT AMOUNT SHALL APPLY  TO  THE  RATES  OF
PAYMENT  CALCULATED  PURSUANT TO THIS SECTION. REASONABLE COSTS SHALL BE
DETERMINED  IN  A  MANNER CONSISTENT WITH THAT USED TO DETERMINE PAYMENT
FOR OUTPATIENT CRITICAL ACCESS HOSPITAL SERVICES PROVIDED  TO  BENEFICI-
ARIES  OF TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT (MEDICARE). FOR
FACILITIES WITHOUT ADEQUATE COST EXPERIENCE, SUCH RATES SHALL  BE  BASED
ON BUDGETED COSTS SUBSEQUENTLY ADJUSTED TO ACTUAL COSTS.
  S 3. This act shall take effect immediately.