S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1406
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M. of A. PAULIN, SANTABARBARA, STIRPE, SEPTIMO, LUPARDO,
   MANKTELOW -- read once and referred 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-FOUR 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.
                                                            LBD03247-01-5
              

 A. 1406                             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 on the first of April next succeeding
 the date on which it shall have become a law.