S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10330
 
                           I N  A S S E M B L Y
 
                               May 17, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Fahy) --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to the application of
   certain provisions relating to the operating  component  of  rates  of
   payment made by governmental agencies for certain services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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
 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  shall  reflect  the rates in effect for such facilities on January
 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 THIS SUBPARAGRAPH SHALL REFLECT THE APPLICA-
 TION OF THE PROVISIONS OF SUBDIVISION TWENTY-FOUR OF THIS  SECTION,  AND
 provided, [however] FURTHER, 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15205-02-4