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

                                  5976

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2009
                               ___________

Introduced  by M. of A. TOWNS -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law,  in  relation  to  the  rates  of
  payment for services provided by residential health care facilities

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

  Section 1. Subparagraph (i) of paragraph  (a)  of  subdivision  23  of
section  2808 of the public health law, as added by section 29 of part C
of chapter 109 of the laws of 2006, is amended to read as follows:
  (i) For adult day health care services provided by residential  health
care facilities, effective April first, two thousand seven and thereaft-
er,  the operating component of the rate of payment established pursuant
to this article for an adult day health care program which has  achieved
an occupancy percentage of ninety percent or greater for a calendar year
prior  to  April  first,  two  thousand  seven, AND HAS NOT EXPANDED THE
AMOUNT OF GROSS PHYSICAL PLANT SPACE AVAILABLE FOR AN ADULT HEALTH  CARE
SERVICE  PROGRAM  UNDER  THE  TERMS  OF  A  VALID  LEASE  BY  MORE  THAN
TWENTY-FIVE PERCENT PRIOR TO CALENDAR YEAR TWO THOUSAND FOUR,  shall  be
calculated  utilizing allowable costs reported in the two thousand four,
two thousand five, or two thousand six calendar year residential  health
care  facility  cost  report  filed by the sponsoring residential health
care facility, whichever is the earliest  of  such  calendar  year  cost
reports  in  which  the  program has achieved an occupancy percentage of
ninety percent or greater,  except  that  programs  receiving  rates  of
payment  based on allowable costs for a period prior to April first, two
thousand seven shall continue to receive rates of payment based on  such
period.
  S  2.  Subparagraph (ii) of paragraph (a) of subdivision 23 of section
2808 of the public health law, as amended by chapter 591 of the laws  of
2007, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08042-01-9

              

A. 5976                             2

  (ii) For such programs which achieved an occupancy percentage of nine-
ty  percent or greater prior to calendar year two thousand four, so long
as approved capacity in that year is the same as in  calendar  year  two
thousand  four, OR SO LONG AS THE PROGRAM HAS NOT EXPANDED THE AMOUNT OF
GROSS  PHYSICAL  PLANT  SPACE AVAILABLE FOR AN ADULT HEALTH CARE SERVICE
PROGRAM UNDER THE TERMS OF  A  VALID  LEASE  BY  MORE  THAN  TWENTY-FIVE
PERCENT  PRIOR  TO  CALENDAR  YEAR  TWO THOUSAND FOUR, but which did not
maintain occupancy of ninety percent or greater in  calendar  years  two
thousand  four,  two  thousand  five, or two thousand six, the operating
component of the rate of payment established pursuant  to  this  article
shall  be calculated utilizing allowable costs reported in the two thou-
sand four calendar year cost report divided by visits imputed at  ninety
percent occupancy.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2008.