S T A T E   O F   N E W   Y O R K
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                                   3899
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to applying a special
   Medicaid rate for releasees in nursing homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (e) of subdivision 2-b of  section  2808  of  the
 public  health  law,  as added by section 47 of part C of chapter 109 of
 the laws of 2006, is amended to read as follows:
   (e) For rate periods subsequent to two  thousand  nine  which  utilize
 reported  costs  from  a  base  year subsequent to two thousand two, the
 following categories of facilities, as established pursuant to  applica-
 ble  regulations,  shall receive rates that are no less than equivalent,
 as determined by the commissioner, to the rates that were in effect  for
 such  facilities  on  December  thirty-first,  two thousand six, trended
 forward for inflation to the applicable rate period: (A) AIDS facilities
 or discrete AIDS units within facilities, (B) discrete units  for  resi-
 dents receiving care in a long term inpatient rehabilitation program for
 traumatic brain injured persons, (C) discrete units for long term venti-
 lator  dependent  residents,  (D)  discrete  units providing specialized
 programs for residents requiring  behavioral  interventions,  [and]  (E)
 facilities  or  discrete  units within facilities that provide extensive
 nursing, medical, psychological and counseling support  services  solely
 to children, AND (F) FACILITIES OR DISCRETE UNITS WITHIN FACILITIES THAT
 PROVIDE LONG TERM NURSING OR MEDICAL SERVICES FOR PERSONS RETURNING FROM
 INCARCERATION.
   §  2.  Paragraph  (c) of subdivision 2-c of section 2808 of the public
 health law, as added by section 95 of part H of chapter 59 of  the  laws
 of 2011, is amended to read as follows:
   (c) The non-capital component of the rates for: (i) AIDS facilities or
 discrete AIDS units within facilities; (ii) discrete units for residents
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08555-01-9

 A. 3899                             2
 
 receiving care in a long-term inpatient rehabilitation program for trau-
 matic  brain injured persons; (iii) discrete units providing specialized
 programs for residents requiring behavioral interventions; (iv) discrete
 units for long-term ventilator dependent residents; [and] (v) facilities
 or  discrete  units  within  facilities  that provide extensive nursing,
 medical, psychological and counseling support services solely  to  chil-
 dren;  AND (VI) FACILITIES OR DISCRETE UNITS WITHIN FACILITIES PROVIDING
 LONG TERM NURSING OR MEDICAL SERVICES FOR PERSONS RETURNING FROM  INCAR-
 CERATION  shall reflect the rates in effect for such facilities on Janu-
 ary first, two thousand nine, as adjusted for inflation and rate appeals
 in accordance with applicable statutes,  provided,  however,  that  such
 rates  for  facilities  described  in subparagraph (i) of this paragraph
 shall reflect the application of the provisions  of  section  twelve  of
 part  D  of  chapter  fifty-eight  of the laws of two thousand nine, and
 provided further, however, that insofar  as  such  rates  reflect  trend
 adjustments for trend factors attributable to the two thousand eight and
 two  thousand  nine  calendar  years  the aggregate amount of such trend
 factor adjustments shall be subject to the provisions of section two  of
 part  D  of  chapter  fifty-eight  of  the laws of two thousand nine, as
 amended.
   § 3. This act shall take effect one year after it shall have become  a
 law.