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Senate Bill S8437

2021-2022 Legislative Session

Relates to certain real property capital construction costs

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Archive: Last Bill Status - In Senate Committee Health Committee

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2021-S8437 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §3614, Pub Health L

2021-S8437 (ACTIVE) - Summary

Provides that real property capital construction costs shall only be included in rates of payment for assisted living programs if such facilities issued an operating certificate beginning in the year two thousand twenty-one that are newly constructed or that have completed substantial capital improvements.

2021-S8437 (ACTIVE) - Sponsor Memo

2021-S8437 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8437
 
                             I N  S E N A T E
 
                               March 1, 2022
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- 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 real prop-
   erty capital construction costs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (b)  of  subdivision  6 of section 3614 of the
 public health law, as amended by section 69 of part A of chapter  56  of
 the laws of 2013, is amended to read as follows:
   (b)   For   purposes   of  this  subdivision,  real  property  capital
 construction costs shall only  be  included  in  rates  of  payment  for
 assisted  living  programs  if: the facility houses exclusively assisted
 living program beds authorized pursuant to paragraph (j) of  subdivision
 three  of section four hundred sixty-one-l of the social services law or
 (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 OR FACILITIES ISSUED AN OPERATING
 CERTIFICATE BEGINNING IN THE YEAR TWO THOUSAND TWENTY-ONE THAT ARE NEWLY
 CONSTRUCTED OR THAT HAVE COMPLETED SUBSTANTIAL CAPITAL  IMPROVEMENTS  AS
 DEFINED  IN  SUBDIVISION  NINE  OF SECTION ELEVEN HUNDRED ONE OF THE TAX
 LAW: (I) WITH A MINIMUM COST OF FORTY THOUSAND DOLLARS PER BED; (II)  AT
 LEAST  EIGHTY-FIVE  PERCENT FILLED WITH MEDICAID ELIGIBLE RESIDENTS; AND
 (III) AT LEAST EIGHTY-FIVE  PERCENT  OF  THE  TOTAL  BEDS  ARE  LICENSED
 ASSISTED LIVING PROGRAM BEDS. 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,  provided  that the commissioner may adopt
 rules and regulations which establish a cap  on  real  property  capital
 construction  costs for those facilities that house exclusively assisted
 living program beds authorized pursuant to paragraph (j) of  subdivision
 three of section four hundred sixty-one-l of the social services law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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