S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7560--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, L. ROSENTHAL, SIMON, GUNTHER, BURDICK,
   RIVERA, SIMONE, RAGA, BRONSON, ARDILA, DICKENS, SHIMSKY, STECK, SHRES-
   THA, HEVESI, McDONALD, KELLES, MAMDANI, FAHY, LEVENBERG, DAVILA, LUNS-
   FORD,  JEAN-PIERRE,  GIBBS,  EACHUS,   DINOWITZ,   BEEPHAN,   DARLING,
   BICHOTTE HERMELYN,  REYES,  MEEKS,  SOLAGES, BLANKENBUSH, THIELE, KIM,
   LEMONDES, LAVINE, ROZIC -- read once and referred to the Committee  on
   Health  --  recommitted  to the Committee on Health in accordance with
   Assembly Rule 3, sec. 2 -- reported and referred to the  Committee  on
   Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to  federally  quali-
   fied health center rate adequacy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision  8  of  section  2807  of  the
 public  health law, as added by section 28 of part B of chapter 1 of the
 laws of 2002, is amended to read as follows:
   (b) For each twelve month period following  September  thirtieth,  two
 thousand  one  AND  CONTINUING THROUGH SEPTEMBER THIRTIETH, TWO THOUSAND
 TWENTY-FIVE, the operating cost component of such rates of payment shall
 reflect the operating cost component in effect on September thirtieth of
 the prior period as increased by the percentage increase in the Medicare
 Economic Index as computed in accordance with the requirements of 42 USC
 § 1396a(aa)(3) and as adjusted pursuant  to  applicable  regulations  to
 take  into  account  any  increase  or decrease in the scope of services
 furnished by the facility.   FOR  EACH  TWELVE  MONTH  PERIOD  FOLLOWING
 SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-FIVE, THE OPERATING COST COMPO-
 NENT  SHALL  BE  CALCULATED CONSISTENT WITH RATES OF PAYMENT ESTABLISHED
 PURSUANT TO PARAGRAPH (C-1)  OF  THIS  SUBDIVISION,  AND  THEN  ANNUALLY
 ADJUSTED  BY  USING  THE FQHC MARKET BASKET INFLATOR AS CALCULATED UNDER
 FEDERAL LAW, AND AS ADJUSTED PURSUANT TO APPLICABLE REGULATIONS TO  TAKE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11404-05-4
              

 A. 7560--A                          2
 
 INTO ACCOUNT ANY INCREASE OR DECREASE IN THE SCOPE OF SERVICES FURNISHED
 BY THE FACILITY.
   § 2. Subdivision 8 of section 2807 of the public health law is amended
 by adding a new paragraph (c-1) to read as follows:
   (C-1)  AS  SOON AS PRACTICABLE THE DEPARTMENT SHALL ANALYZE THE ACTUAL
 FEDERALLY QUALIFIED HEALTH CENTER COSTS FILED AS REQUIRED BY  DEPARTMENT
 REGULATIONS,  DURING THE PRIOR FIVE YEAR REPORTING PERIODS.  IN ADDITION
 TO SUCH DATA, THE COMMISSIONER SHALL CONSIDER, THE  SCOPE  OF  SERVICES,
 INCLUDING TYPE, INTENSITY, DURATION AND AMOUNT, PROVIDED BY SUCH FACILI-
 TIES;  STAFFING  TO  MEET COMPETITIVE MARKET AND CASE MIX NEEDS OF POPU-
 LATIONS SERVED; PHYSICAL PLANT AND  MAINTENANCE  COSTS,  INFRASTRUCTURE;
 TECHNOLOGY  COSTS  ASSOCIATED WITH TELEHEALTH MODALITY OF SERVICE DELIV-
 ERY; INFORMATIONAL TECHNOLOGY COSTS; AND OTHER COSTS DEEMED NECESSARY BY
 THE COMMISSIONER.   NOTWITHSTANDING ANY OTHER STATUTE,  RULE,  OR  REGU-
 LATION  OTHERWISE  IMPOSING  CEILINGS  OR  CAPS ON PAYMENTS TO FEDERALLY
 QUALIFIED HEALTH CENTERS, PROVIDED THAT SUCH PAYMENTS ARE STILL  SUBJECT
 TO  FEDERAL FINANCIAL PARTICIPATION, BEGINNING ON APRIL FIRST, TWO THOU-
 SAND TWENTY-FIVE, THE DEPARTMENT SHALL DEVELOP AND ISSUE  UPDATED  RATES
 OF PAYMENTS REFLECTING THE ACTUAL COSTS AND UPDATED AGGREGATED DATA.
   § 3.  This act shall take effect immediately.