S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9519
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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  establishing  an
   advanced residential health care for aging adults with medical fragil-
   ity demonstration program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2808-f to read as follows:
   §  2808-F.  ADVANCED  RESIDENTIAL HEALTH CARE FOR AGING ADULTS MEDICAL
 FRAGILITY DEMONSTRATION PROGRAM. 1. NOTWITHSTANDING ANY  LAW,  RULE,  OR
 REGULATION  TO  THE  CONTRARY,  THE  COMMISSIONER  SHALL, WITHIN AMOUNTS
 APPROPRIATED AND  SUBJECT  TO  THE  AVAILABILITY  OF  FEDERAL  FINANCIAL
 PARTICIPATION,  ESTABLISH  A  DEMONSTRATION  PROGRAM  FOR ELIGIBLE ADULT
 RESIDENTIAL HEALTH CARE FACILITIES,  AS  DEFINED  IN  PARAGRAPH  (C)  OF
 SUBDIVISION  TWO  OF THIS SECTION, TO CONSTRUCT A NEW FACILITY OR REPUR-
 POSE PART OF AN EXISTING FACILITY TO OPERATE  AS  AN  ADULT  RESIDENTIAL
 HEALTH  CARE  FACILITY  FOR THE PURPOSE OF IMPROVING THE QUALITY OF CARE
 FOR AGING ADULTS WITH MEDICAL FRAGILITY.
   2. FOR PURPOSES OF THIS SECTION:
   (A) "AGING ADULTS WITH MEDICAL FRAGILITY" SHALL MEAN ADULTS  FROM  AGE
 THIRTY-FIVE  TO END OF LIFE WHO HAVE A CHRONIC DEBILITATING CONDITION OR
 CONDITIONS, ARE AT RISK OF HOSPITALIZATION, ARE TECHNOLOGY-DEPENDENT FOR
 LIFE OR HEALTH SUSTAINING FUNCTIONS, REQUIRE COMPLEX MEDICATION REGIMENS
 OR MEDICAL INTERVENTIONS TO MAINTAIN OR TO IMPROVE THEIR HEALTH  STATUS,
 AND/OR  ARE  IN  NEED  OF  ONGOING ASSESSMENT OR INTERVENTION TO PREVENT
 SERIOUS DETERIORATION OF THEIR HEALTH STATUS  OR  MEDICAL  COMPLICATIONS
 THAT PLACE THEIR LIFE, HEALTH OR DEVELOPMENT AT RISK.
   (B)  "ADULT RESIDENTIAL HEALTH CARE FACILITY" SHALL MEAN A RESIDENTIAL
 HEALTH CARE FACILITY OR DISCRETE  UNIT  OF  A  RESIDENTIAL  HEALTH  CARE
 FACILITY PROVIDING SERVICES TO ADULTS OVER THE AGE OF THIRTY-FIVE.
   (C)  "ELIGIBLE  ADULT  RESIDENTIAL  HEALTH  CARE APPLICANT" SHALL MEAN
 ADULT HEALTH CARE FACILITIES THAT MEET THE FOLLOWING ELIGIBILITY  CRITE-
 RIA  FOR  THE DEMONSTRATION PROGRAM SET FORTH IN SUBDIVISION ONE OF THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15463-03-4
 S. 9519                             2
 
 SECTION:  (I) IS A NONPROFIT CORPORATION THAT OPERATES ONE  HUNDRED  TEN
 ADULT  BEDS  LICENSED  UNDER ARTICLE SIXTEEN OF THIS CHAPTER; OR (II) IS
 LICENSED TO PROVIDE DIAGNOSTIC AND TREATMENT SERVICES PURSUANT  TO  THIS
 ARTICLE.
   3.  UPON RECEIPT OF A CERTIFICATE OF NEED APPLICATION FROM AN ELIGIBLE
 ADULT RESIDENTIAL HEALTH CARE APPLICANT SELECTED BY THE COMMISSIONER FOR
 THE DEMONSTRATION PROGRAM AUTHORIZED UNDER THIS SECTION, THE COMMISSION-
 ER IS AUTHORIZED TO APPROVE, WITH THE WRITTEN  APPROVAL  OF  THE  PUBLIC
 HEALTH  AND  HEALTH  PLANNING  COUNCIL  PURSUANT TO SECTION TWENTY-EIGHT
 HUNDRED TWO OF THIS ARTICLE,  THE  CONSTRUCTION  OF  A  NEW  RESIDENTIAL
 HEALTH  CARE FACILITY TO BE CONSTRUCTED AND OPERATED ON A PARCEL OF LAND
 WITHIN THE SAME COUNTY AS THAT OF AN ELIGIBLE ADULT  RESIDENTIAL  HEALTH
 CARE  APPLICANT  THAT  IS  PROPOSING SUCH NEW FACILITY AND OVER WHICH IT
 WILL HAVE SITE CONTROL, PROVIDED THAT SUCH FACILITY  QUALIFIES  FOR  THE
 DEMONSTRATION PROGRAM SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
   4.  AN  AGING ADULT FACILITY ESTABLISHED PURSUANT TO SUBDIVISION THREE
 OF THIS SECTION MAY ADMIT, FROM THE COMMUNITY-AT-LARGE OR UPON  REFERRAL
 FROM  AN  UNRELATED  FACILITY,  AGING ADULTS WITH MEDICAL FRAGILITY WHO,
 PRIOR TO REACHING  AGE  THIRTY-FIVE,  WERE  YOUNG  ADULTS  WITH  MEDICAL
 FRAGILITY,  AND  WHO  ARE  ELIGIBLE FOR NURSING HOME CARE AND IN NEED OF
 EXTENSIVE  NURSING,  MEDICAL,  PSYCHOLOGICAL  AND   COUNSELING   SUPPORT
 SERVICES,  PROVIDED THAT THE AGING ADULT FACILITY, TO PROMOTE CONTINUITY
 OF CARE, UNDERTAKES TO PROVIDE PRIORITY ADMISSION TO AGING  ADULTS  WITH
 MEDICAL  FRAGILITY  TRANSITIONING  FROM THE PEDIATRIC RESIDENTIAL HEALTH
 CARE FACILITY OR UNIT OPERATED BY THE ENTITY  THAT  PROPOSED  THE  AGING
 ADULT  FACILITY  AND  ENSURE SUFFICIENT CAPACITY TO ADMIT SUCH ADULTS AS
 THEY ATTAIN THIRTY-FIVE YEARS OF AGE.
   5. FOR INPATIENT SERVICES PROVIDED TO ANY AGING  ADULTS  WITH  MEDICAL
 FRAGILITY  ELIGIBLE  FOR MEDICAL ASSISTANCE AS AUTHORIZED IN SUBDIVISION
 THREE OF THIS SECTION, THE COMMISSIONER SHALL  ESTABLISH  THE  OPERATING
 COMPONENT  OF  RATES  OF REIMBURSEMENT APPROPRIATE FOR AGING ADULTS WITH
 MEDICAL FRAGILITY RESIDING AT AN ADULT RESIDENTIAL HEALTH CARE FACILITY,
 TO APPLY TO SUCH ADULTS THIRTY-FIVE YEARS OF AGE OR OLDER. SUCH  METHOD-
 OLOGY  SHALL  TAKE  INTO  ACCOUNT  THE METHODOLOGY USED TO ESTABLISH THE
 OPERATING COMPONENT  OF  THE  RATES  PURSUANT  TO  SECTION  TWENTY-EIGHT
 HUNDRED  EIGHT OF THIS ARTICLE FOR ADULT RESIDENTIAL HEALTH CARE FACILI-
 TIES WITH AN INCREASE OR DECREASE ADJUSTMENT AS APPROPRIATE  TO  ACCOUNT
 FOR  ANY  DISCRETE EXPENSES ASSOCIATED WITH CARING FOR AGING ADULTS WITH
 MEDICAL FRAGILITY, INCLUDING ADDRESSING THEIR DISTINCT  NEEDS  AS  AGING
 ADULTS FOR MEDICAL AND PSYCHOLOGICAL SUPPORT SERVICES.
   6.  THE  COMMISSIONER  SHALL HAVE AUTHORITY TO WAIVE ANY RULE OR REGU-
 LATION TO EFFECTUATE THE DEMONSTRATION PROGRAM  AUTHORIZED  PURSUANT  TO
 SUBDIVISION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately.