NY State Senate Bill 2023-S7248A

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2024	print number 7248a
May 22, 2024	amend and recommit to health
Jan 03, 2024	referred to health
May 19, 2023	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S7248 - Details

See Assembly Version of this Bill:: A7553
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3614, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:: S3329, A1406

2023-S7248 - Summary

Provides that such rates of payment shall be updated to reflect the most current mean price for free-standing residential health care facilities with less than three hundred beds each time that the cost basis of residential health care facility rates is updated.

2023-S7248 - Sponsor Memo

                                 
BILL NUMBER: S7248

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the public health law, in relation to certain rates of
payment for services provided by assisted living programs

 
PURPOSE OF THE BILL:

This legislation would update rates of payment for Medicaid assisted
living program providers based on 2022 costs, and require that the
Department of Health periodically update those rates.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends paragraph (a) of subdivision 6 of section
3416 of the public health law to require rates of payment to Medicaid
assisted living program providers to be updated based on costs estab-
lished in 2022. It further requires that the Department of Health update
those rates whenever Medicaid rates of payment for residential health
care facilities are updated.

Section two of the bill establishes an effective date of June 30, 2025.

 
JUSTIFICATION:

Medicaid rates of payment for assisted living providers are set in stat-
ute at fifty percent of nursing home pricesò established in 1992.
Although this thirty year old statutory base year was trended to 2002,
it remains too low to support the program. This update will more
adequately reflect program costs. The base year should also continue to
be updated on a regular basis.

Medicaid funded assisted living programs serve individuals who are
medically eligible for nursing home care in a less intensive, lower cost
setting. They has saved New York tens of millions of dollars since the
program's inception by keeping frail, elderly people out of nursing
homes.

However, the current inadequate rates result in programs closing their
doors. Unfortunately, this program is at risk of being decimated due to
the historically low reimbursement rates. Assisted living programs are
starting to close because of the increasing costs of providing services,
and residents most often end up being transferred to nursing homes at a
much higher cost to the State.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Positive to the State. Since assisted living programs, which serve nurs-
ing home eligible patients, are paid fifty percent of the nursing home
rate, updating their payment rates will generate savings to the State by
avoiding more costly placements and will prevent program from closing.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2025.

2023-S7248 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7248
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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-TWO for  free-
 standing[,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11563-01-3

 S. 7248                             2
 
 subdivision ten of section twenty-eight hundred seven-c of this chapter,
 to  provide the appropriate level of care for such residents in residen-
 tial 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-STANDING 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 emer-
 gency regulations, to provide for reimbursement of the cost of preadmis-
 sion assessments conducted directly by assisted living programs.
   § 2. This act shall take effect January 1, 2025.

co-Sponsors

2023-S7248A (ACTIVE) - Details

See Assembly Version of this Bill:: A7553
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3614, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:: S3329, A1406

2023-S7248A (ACTIVE) - Summary

2023-S7248A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7248A

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the public health law, in relation to certain rates of
payment for services provided by assisted living programs

 
PURPOSE OF THE BILL:

This legislation would update rates of payment for Medicaid assisted
living program providers based on 2022 costs, and require that the
Department of Health periodically update those rates.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends paragraph (a) of subdivision 6 of section
3416 of the public health Law to require rates of payment to Medicaid
assisted living program providers to be updated based on costs estab-
lished in 2022. It further requires that the Department of Health update
those rates whenever Medicaid rates of payment for residential health
care facilities are updated.

Section two of the bill establishes an effective date of January 1,
2025.

 
JUSTIFICATION:

Medicaid rates of payment for assisted living providers are set in stat-
ute at fifty percent of nursing home prices established in 1992.
Although this thirty year old statutory base year was trended to 2002,
it remains too Low to support the program. This update will more
adequately reflect program costs. The base year should also continue to
be updated on a regular basis. Medicaid funded assisted living programs
serve individuals who are medically eligible for nursing home care in a
less intensive, Lower cost setting. They has saved New York tens of
millions of dollars since the program's inception by keeping frail,
elderly people out of nursing homes.  However, the current inadequate
rates result in programs closing their doors. Unfortunately, this
program is at risk of being decimated due to the historically Low
reimbursement rates. Assisted living programs are starting to close
because of the increasing costs of providing services, and residents
most often end up being transferred to nursing homes at a much higher
cost to the State.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL:

Positive to the State. Since assisted living programs, which serve nurs-
ing home eligible patients, are paid fifty percent of the nursing home
rate, updating their payment rates will generate savings to the State by
avoiding more costly placements and will prevent programs from closing.

 
EFFECTIVE DATE:
This act shall take effect April 1, 2025

2023-S7248A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7248--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sens.  COONEY, ASHBY, CLEARE, GALLIVAN -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health  --  recommitted  to the Committee on Health in accordance with
   Senate Rule 6, sec. 8 -- 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.
                                                            LBD11563-03-4

 S. 7248--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.

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Senate Bill S7248A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2023-S7248 - Details

2023-S7248 - Summary

2023-S7248 - Sponsor Memo

2023-S7248 - Bill Text download pdf

co-Sponsors

2023-S7248A (ACTIVE) - Details

2023-S7248A (ACTIVE) - Summary

2023-S7248A (ACTIVE) - Sponsor Memo

2023-S7248A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7248A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2023-S7248 - Details

2023-S7248 - Summary

2023-S7248 - Sponsor Memo

2023-S7248 - Bill Text download pdf

co-Sponsors

2023-S7248A (ACTIVE) - Details

2023-S7248A (ACTIVE) - Summary

2023-S7248A (ACTIVE) - Sponsor Memo

2023-S7248A (ACTIVE) - Bill Text download pdf

Comments