S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8883
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN  ACT to amend the public health law, in relation to rates of hospital
   reimbursement for facilities designated by the federal  department  of
   health  and  human services as exempt extended neoplastic disease care
   hospitals
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (e-2) of subdivision 4 of section 2807-c of the
 public health law is amended by adding a new subparagraph (iv-a) to read
 as follows:
   (IV-A) FOR FACILITIES DESIGNATED BY THE FEDERAL DEPARTMENT  OF  HEALTH
 AND  HUMAN SERVICES AS EXEMPT EXTENDED NEOPLASTIC DISEASE CARE HOSPITALS
 AS OF DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-ONE,  FOR  WHICH  A
 DISCRETE  INSTITUTIONAL COST REPORT WAS FILED FOR THE TWO THOUSAND TWEN-
 TY-ONE CALENDAR YEAR, SHALL BE DETERMINED IN ACCORDANCE WITH THE FOLLOW-
 ING:
   (A) THE OPERATING COST COMPONENT OF SUCH RATES SHALL REFLECT  THE  USE
 OF  TWO THOUSAND TWENTY-ONE OPERATING COSTS AS REPORTED BY EACH FACILITY
 TO THE DEPARTMENT AND ADJUSTED FOR INFLATION PURSUANT TO  PARAGRAPH  (C)
 OF  SUBDIVISION TEN OF THIS SECTION, AS OTHERWISE MODIFIED BY ANY APPLI-
 CABLE STATUTES, AND AS FURTHER ADJUSTED AS THE COMMISSIONER DEEMS APPRO-
 PRIATE, INCLUDING TRANSITION ADJUSTMENTS. SUCH RATES SHALL BE DETERMINED
 ON A PER CASE BASIS OR PER DIEM  BASIS,  AS  SET  FORTH  IN  REGULATIONS
 PROMULGATED BY THE COMMISSIONER.
   (B) THE OPERATING COMPONENT OF OUTPATIENT SPECIALTY RATES OF HOSPITALS
 SUBJECT TO THIS SUBPARAGRAPH SHALL REFLECT THE USE OF TWO THOUSAND TWEN-
 TY-ONE  OPERATING  COSTS AS REPORTED TO THE DEPARTMENT PRIOR TO DECEMBER
 FIRST, TWO THOUSAND TWENTY-TWO, AND SHALL INCLUDE  SUCH  ADJUSTMENTS  AS
 THE COMMISSIONER DEEMS APPROPRIATE.
   (C)  THE  BASE PERIOD REPORTED OPERATING COSTS USED TO ESTABLISH INPA-
 TIENT AND OUTPATIENT RATES  DETERMINED  PURSUANT  TO  THIS  SUBPARAGRAPH
 SHALL  BE  UPDATED  NO  LESS  FREQUENTLY THAN TWO YEARS AND THE HOSPITAL
 SHALL SUBMIT SUCH ADDITIONAL DATA AS THE  COMMISSIONER  MAY  REQUIRE  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13924-01-3
 A. 8883                             2
 
 ASSIST  IN THE DEVELOPMENT OF AMBULATORY PATIENT GROUPS (APGS) RATES FOR
 SUCH HOSPITALS' OUTPATIENT SPECIALTY SERVICES.
   (D)  NOTWITHSTANDING  ANY  OTHER PROVISIONS OF LAW TO THE CONTRARY AND
 SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, SERVICES
 PROVIDED BY SUCH FACILITIES TO PATIENTS  ENROLLED  IN  MEDICAID  MANAGED
 CARE  SHALL  BE  PAID BY THE MEDICAID MANAGED CARE PLANS AT NO LESS THAN
 THE OTHERWISE APPLICABLE MEDICAID FEE-FOR-SERVICES RATES  FOR  INPATIENT
 AND OUTPATIENT SERVICES.
   §  2.  This act shall take effect April 1, 2024. Effective immediately
 the commissioner of health or their designees shall make such rules  and
 regulations,  and  seek any federal approvals necessary, to fully imple-
 ment this act on or before such effective date.