S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3195
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 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-THREE,  FOR  WHICH  A
 DISCRETE  INSTITUTIONAL COST REPORT WAS FILED FOR THE TWO THOUSAND TWEN-
 TY-THREE CALENDAR YEAR, SHALL  BE  DETERMINED  IN  ACCORDANCE  WITH  THE
 FOLLOWING:
   (A)  THE  OPERATING COST COMPONENT OF SUCH RATES SHALL REFLECT THE USE
 OF TWO THOUSAND TWENTY-THREE OPERATING COSTS AS REPORTED BY EACH FACILI-
 TY TO THE DEPARTMENT AND ADJUSTED FOR INFLATION  PURSUANT  TO  PARAGRAPH
 (C)  OF  SUBDIVISION  TEN  OF THIS SECTION, AS OTHERWISE MODIFIED BY ANY
 APPLICABLE STATUTES, AND AS FURTHER ADJUSTED AS THE  COMMISSIONER  DEEMS
 APPROPRIATE,  INCLUDING  TRANSITION  ADJUSTMENTS.  SUCH  RATES  SHALL BE
 DETERMINED ON A PER CASE BASIS OR PER DIEM BASIS, AS SET FORTH IN  REGU-
 LATIONS 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-THREE OPERATING COSTS AS REPORTED TO THE DEPARTMENT PRIOR TO DECEMBER
 FIRST,  TWO  THOUSAND TWENTY-FOUR, AND SHALL INCLUDE SUCH ADJUSTMENTS AS
 THE COMMISSIONER DEEMS APPROPRIATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05771-01-5
 S. 3195                             2
              

 
   (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 THREE YEARS  AND  THE  HOSPITAL
 SHALL  SUBMIT  SUCH  ADDITIONAL  DATA AS THE COMMISSIONER MAY REQUIRE TO
 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, 2025.  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.