S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7553--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. PAULIN, SANTABARBARA, STIRPE, SEPTIMO, LUPARDO --
   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 certain  rates  of
   payment for services provided by assisted living programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision  6  of  section  3614  of  the
 public  health law, as amended by section 4-a of part D of chapter 56 of
 the laws of 2012, is amended to read as follows:
   (a) The commissioner shall, subject  to  the  approval  of  the  state
 director  of  the  budget,  establish  capitated  rates  of  payment for
 services provided by assisted living programs as  defined  by  paragraph
 (a) of subdivision one of section four hundred sixty-one-l of the social
 services  law.  Such rates of payment shall be related to costs incurred
 by residential health care facilities. The rates shall reflect the  wage
 equalization  factor  established  by  the  commissioner for residential
 health care facilities in  the  region  in  which  the  assisted  living
 program is provided and real property capital construction costs associ-
 ated  with  the  construction of a free-standing assisted living program
 such rate shall include a payment equal to the cost of interest owed and
 depreciation costs of such construction. The rates  shall  also  reflect
 the  efficient  provision  of  a  quality  and  quantity  of services to
 patients in such residential health care facilities, with needs compara-
 ble to the needs of residents served in such assisted  living  programs.
 Such  rates  of  payment  shall be equal to fifty percent of the amounts
 which otherwise would have been expended, based upon the  [mean  prices]
 COSTS  for  [the  first  of July, nineteen hundred ninety-two (utilizing
 nineteen hundred eighty-three  costs)]  TWO  THOUSAND  TWENTY-THREE  for
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11563-02-4
              

 A. 7553--A                          2
 
 freestanding[,  low  intensity]  residential health care facilities with
 less than three hundred beds[, and  for  years  subsequent  to  nineteen
 hundred  ninety-two,]  adjusted  for  inflation  in  accordance with the
 provisions of subdivision ten of section twenty-eight hundred seven-c of
 this  chapter,  to  provide the appropriate level of care for such resi-
 dents in residential health  care  facilities  in  the  applicable  wage
 equalization factor regions plus an amount equal to capital construction
 costs  associated  with  the  construction of an assisted living program
 facility as provided for in this  subdivision.  SUCH  RATES  OF  PAYMENT
 SHALL  BE UPDATED TO REFLECT THE MOST CURRENT MEAN PRICE FOR FREE-STAND-
 ING RESIDENTIAL HEALTH CARE FACILITIES WITH LESS THAN THREE HUNDRED BEDS
 EACH TIME THAT THE COST BASIS OF RESIDENTIAL HEALTH CARE FACILITY  RATES
 IS  UPDATED. The commissioner shall also promulgate regulations, and may
 promulgate emergency regulations, to provide for  reimbursement  of  the
 cost  of  preadmission assessments conducted directly by assisted living
 programs.
   § 2. This act shall take effect April 1, 2025.