S T A T E O F N E W Y O R K
________________________________________________________________________
7829
I N S E N A T E
May 14, 2010
___________
Introduced by Sen. DUANE -- 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 payment
for an AIDS assisted living program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 3614 of the public health law, as
amended by chapter 645 of the laws of 2003 and paragraph (a) as amended
by section 17 of part D of chapter 58 of the laws of 2009, is amended to
read as follows:
6. (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], INCLUDING 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 comparable 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 for the first of July, nineteen hundred ninety-two (utiliz-
ing nineteen hundred eighty-three costs) for freestanding, 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 subdivision ten of
section twenty-eight hundred seven-c of this chapter, to provide the
appropriate level of care for such residents in residential health care
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17256-01-0
S. 7829 2
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.
(b) For purposes of this subdivision, real property capital
construction costs shall only be included in rates of payment for
assisted living programs if: (i) the facility is operated by a not-for-
profit corporation; (ii) the facility commenced operation after nineteen
hundred ninety-eight and at least ninety-five percent of the certified
approved beds are provided to residents who are subject to the assisted
living program; and (iii) the assisted living program is in a county
with a population of no less than two hundred eighty thousand persons.
The methodology used to calculate the rate for such capital construction
costs shall be the same methodology used to calculate the capital
construction costs at residential health care facilities for such costs.
(C) (1) AS USED IN THIS SUBDIVISION, "AIDS ASSISTED LIVING" MEANS AN
ENTITY DESIGNATED BY THE COMMISSIONER THAT IS (A) AN ASSISTED LIVING
PROGRAM AS DEFINED BY PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION FOUR
HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES LAW ALL OF WHOSE RESIDENTS
ARE PERSONS WITH HIV/AIDS, (B) OPERATED BY A NOT-FOR-PROFIT CORPORATION,
AND (C) AFFILIATED BY COMMON OWNERSHIP WITH AN AIDS RESIDENTIAL HEALTH
CARE FACILITY OPERATING AS SUCH UNDER REGULATIONS OF THE COMMISSIONER.
(2) RATES OF PAYMENT UNDER PARAGRAPH (A) OF THIS SUBDIVISION FOR AN
AIDS ASSISTED LIVING PROGRAM SHALL, IN ADDITION TO ITEMS UNDER PARAGRAPH
(A) OF THIS SUBDIVISION, INCLUDE A PAYMENT FOR REAL PROPERTY CAPITAL
CONSTRUCTION COSTS UNDER PARAGRAPH (B) OF THIS SUBDIVISION, AND A
PAYMENT EQUAL TO ANY PROPERTY LEASE COSTS FOR THE REAL PROPERTY REQUIRED
TO OPERATE THE AIDS ASSISTED LIVING PROGRAM. THE CAPITAL CONSTRUCTION
AND PROPERTY LEASE COSTS SHALL BE REIMBURSED WHETHER THE FACILITY IS
FREE-STANDING OR NOT.
S 2. This act shall take effect immediately.