S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8935
 
                           I N  A S S E M B L Y
 
                              January 2, 2020
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to requiring specific
   reserved bed days for veterans, spouses of veterans, widows of  veter-
   ans,  Gold  Star Parents and their dependents who are cared for at the
   New York State Veterans' Homes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 25 of section 2808 of the public health law, as
 amended  by  section  2  of part E of chapter 57 of the laws of 2017, is
 amended to read as follows:
   25. Reserved bed  days.  (a)  For  purposes  of  this  subdivision,  a
 "reserved  bed  day"  is  a  day for which a governmental agency pays OR
 OTHERWISE REQUIRES a residential health care facility to reserve  a  bed
 for a person eligible for medical assistance pursuant to title eleven of
 article  five  of the social services law while he or she is TEMPORARILY
 HOSPITALIZED OR on therapeutic leave of absence from the facility.
   (b) Notwithstanding any other provisions of this section or any  other
 law  or  regulation  to  the contrary, for reserved bed days provided on
 behalf of persons twenty-one years of age or older:
   (i) payments for reserved  bed  days  shall  be  made  at  ninety-five
 percent  of  the  Medicaid  rate  otherwise  payable to the facility for
 services provided on behalf of such person; and
   (ii) payment to a facility for reserved bed days provided on behalf of
 such person for therapeutic leaves of absence may not exceed ten days in
 any twelve month period.
   (C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR  ANY  OTHER
 LAW  OR REGULATION TO THE CONTRARY, WITH RESPECT TO VETERANS, SPOUSES OF
 VETERANS, WIDOWS OF VETERANS, GOLD STAR PARENTS AND THEIR DEPENDENTS WHO
 ARE CARED FOR AT THE NEW YORK STATE VETERANS' HOME AT  OXFORD,  THE  NEW
 YORK  STATE  VETERANS' HOME AT ST.  ALBANS, THE NEW YORK STATE VETERANS'
 HOME AT BATAVIA, THE NEW YORK STATE VETERANS' HOME AT MONTROSE  AND  THE
 LONG  ISLAND  STATE  VETERANS'  HOME  SUCH  FACILITIES SHALL ESTABLISH A
 RESERVE BED DAY POLICY NOT TO EXCEED TEN DAYS IN ANY TWELVE-MONTH PERIOD
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14358-01-9

 A. 8935                             2
 
 WHEN SUCH PERSONS ARE TEMPORARILY HOSPITALIZED OR ON  THERAPEUTIC  LEAVE
 OF ABSENCE.
   (I)  IN ORDER TO QUALIFY FOR COVERAGE OF RESERVED BED DAYS AS PROVIDED
 IN THIS PARAGRAPH:
   (A) THE PERSON MUST HAVE RESIDED IN  THE  APPLICABLE  STATE  VETERANS'
 HOME  FOR  AT  LEAST  THIRTY  DAYS  SINCE THE DATE OF HIS OR HER INITIAL
 ADMISSION; AND
   (B) THE PART OF THE FACILITY TO WHICH THE PERSON WILL RETURN MUST HAVE
 A VACANCY RATE OR NO MORE THAN FIVE PERCENT ON THE FIRST DAY THE  PERSON
 IS HOSPITALIZED OR ON THERAPEUTIC LEAVE OF ABSENCE.
   (II)  UNLESS MEDICALLY CONTRAINDICATED, THE APPLICABLE STATE VETERANS'
 HOME SHALL RESERVE THE SAME BED AND  ROOM  THE  PERSON  OCCUPIED  BEFORE
 BEING HOSPITALIZED OR PLACED ON THERAPEUTIC LEAVE OF ABSENCE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.  Effective immediately the addition, amendment and/or
 repeal of any rules and regulations necessary for the implementation  of
 this  act  on or before its effective date are authorized to be made and
 completed on or before such effective date.