S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3329
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sens.  COONEY,  ASHBY, CLEARE, GALLIVAN, ROLISON -- 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-FOUR for free-
 standing[,  low  intensity] residential health care facilities with less
 than three hundred beds[, and for years subsequent to  nineteen  hundred

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03247-01-5
              

 S. 3329                             2

 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 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.