Senate Bill S7174

2009-2010 Legislative Session

Relates to payments for residential health care facilities in Erie county and Niagara county

download bill text pdf

Sponsored By

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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2009-S7174 (ACTIVE) - Details

See Assembly Version of this Bill:
A10609
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Add §367-v, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
S2879, A4977

2009-S7174 (ACTIVE) - Summary

Relates to allowing residential health care facilities meeting certain requirements located in Erie county and Niagara county reimbursement at rate of forty percent above the rate set forth in 10 NYCRR section 86-2.10.

2009-S7174 (ACTIVE) - Sponsor Memo

2009-S7174 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7174

                            I N  S E N A T E

                             March 18, 2010
                               ___________

Introduced  by  Sens.  STACHOWSKI,  THOMPSON,  VOLKER  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health

AN  ACT  to  amend  the social services law, in relation to payments for
  residential health care facilities in Erie county and Niagara county

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new section
367-v to read as follows:
  S 367-V. PAYMENT FOR RESIDENTIAL HEALTH CARE FACILITIES IN ERIE COUNTY
AND NIAGARA COUNTY. 1. NOTWITHSTANDING ANY LAW, RULE  OR  REGULATION  TO
THE  CONTRARY,  RESIDENTIAL  HEALTH  CARE FACILITIES MEETING FIVE OF THE
FOLLOWING SIX CATEGORIES:
  (A) THE FACILITY IS A NOT-FOR-PROFIT  FACILITY  LOCATED  IN  AN  URBAN
AREA;
  (B) THE FACILITY IS A HOSPITAL AFFILIATED FACILITY;
  (C) THE FACILITY IS IN A METROPOLITAN STATISTICAL AREA WHERE MORE THAN
FIFTEEN  AND ONE-HALF PERCENT OF THE TOTAL POPULATION IS OVER THE AGE OF
SIXTY-FIVE;
  (D) THE FACILITY HAS OVER EIGHTY PERCENT OF MEDICAID PAYOR MIX;
  (E) THERE IS JOB RETENTION AND/OR CREATION FOR AT  LEAST  ONE  HUNDRED
TWENTY PEOPLE PER FACILITY; AND
  (F) THE FACILITY IS LOCATED IN ERIE COUNTY OR NIAGARA COUNTY;
SHALL  BE  REIMBURSED AT A MEDICAID RATE (LESS CAPITAL) OF FORTY PERCENT
ABOVE THE RATE SET FORTH IN  10  NYCRR  SECTION  86-2.10  FOR  ALL  CARE
PROVIDED AT SUCH FACILITY.
  2. THE TERM "RESIDENTIAL HEALTH CARE FACILITIES" SHALL MEAN ALL FACIL-
ITIES  OR ORGANIZATIONS COVERED BY THE TERM "NURSING HOME" AS DEFINED IN
SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH
LAW, INCLUDING HOSPITAL-BASED RESIDENTIAL HEALTH  CARE  FACILITIES,  AND
NURSING  FACILITIES  AS  DEFINED  IN  SECTION 1919 OF THE FEDERAL SOCIAL
SECURITY ACT, PROVIDED THAT SUCH FACILITY POSSESSES  A  VALID  OPERATING
CERTIFICATE  ISSUED  BY  THE  STATE  COMMISSIONER  OF  HEALTH AND, WHERE
REQUIRED, HAS BEEN ESTABLISHED BY THE PUBLIC HEALTH COUNCIL.

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

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