Assembly Bill A6331

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

                                  6331

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2009
                               ___________

Introduced  by M. of A. BARRA -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law, in  relation  to  establishing  a
  block  grant  for  hospital  nursing  care and making an appropriation
  therefor

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

  Section  1.  The  public health law is amended by adding a new article
28-F to read as follows:
                               ARTICLE 28-F
                  BLOCK GRANT FOR HOSPITAL NURSING CARE
SECTION 2899-B. ESTABLISHMENT OF BLOCK GRANT FOR HOSPITAL NURSING CARE.
        2899-C. ALLOCATION OF BLOCK GRANT FUNDS.
        2899-D. USE OF FUNDS.
        2899-E. REPORTING REQUIREMENTS.
  S 2899-B.  ESTABLISHMENT OF BLOCK GRANT FOR HOSPITAL NURSING CARE.  1.
THE DEPARTMENT SHALL ESTABLISH A STATE BLOCK GRANT FOR  HOSPITAL/NURSING
CARE COMPRISED OF ALL STATE FUNDS APPROPRIATED FOR SUCH PURPOSE.
  2.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, EXPENDITURES OF FUNDS
FROM THE BLOCK GRANT SHALL BE GOVERNED BY THIS ARTICLE.
  S 2899-C.  ALLOCATION OF BLOCK GRANT FUNDS.  1. THE BLOCK GRANT  SHALL
BE  APPORTIONED AMONG HOSPITALS IN THIS STATE ACCORDING TO AN ALLOCATION
PLAN DEVELOPED BY  THE DEPARTMENT AND APPROVED BY THE  DIRECTOR  OF  THE
BUDGET.    THE    ALLOCATION  PLAN  SHALL BE BASED, AT LEAST IN PART, ON
HISTORICAL COSTS  AND ON THE AVAILABILITY AND COST OF, AND THE NEED FOR,
HOSPITAL NURSING CARE IN EACH SUCH HOSPITAL.   ANNUAL ALLOCATIONS  SHALL
BE MADE ON A FEDERAL FISCAL YEAR BASIS.
  2.  REIMBURSEMENT UNDER THE BLOCK GRANT TO A HOSPITAL FOR ITS EXPENDI-
TURES FOR HOSPITAL NURSING CARE  SHALL  BE  AVAILABLE  FOR  SEVENTY-FIVE
PERCENT OF THE HOSPITAL'S EXPENDITURES FOR HOSPITAL NURSING CARE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08032-01-9

              

A. 6331                             2

  3. ANY PORTION OF A HOSPITAL'S BLOCK GRANT ALLOCATION FOR A PARTICULAR
FEDERAL  FISCAL  YEAR  THAT  IS NOT CLAIMED BY SUCH HOSPITAL DURING THAT
FEDERAL FISCAL YEAR SHALL BE ADDED TO THAT HOSPITAL'S BLOCK GRANT  ALLO-
CATION FOR THE NEXT FEDERAL FISCAL YEAR.
  S  2899-D.  USE OF FUNDS.  A HOSPITAL SHALL EXPEND ITS ALLOCATION FROM
THE BLOCK GRANT IN A MANNER THAT  PROVIDES  FOR  ENHANCED  SALARIES  AND
BENEFITS  TO  NURSES EMPLOYED BY SUCH HOSPITAL.  NO HOSPITAL SHALL SPEND
ANY OF ITS BLOCK GRANT ALLOCATION FOR ADMINISTRATIVE ACTIVITIES.
  S 2899-E.  REPORTING REQUIREMENTS. EACH HOSPITAL WHICH RECEIVES  BLOCK
GRANT  FUNDS  PURSUANT  TO  THIS ARTICLE SHALL COLLECT AND SUBMIT TO THE
DEPARTMENT, IN SUCH FORM AND AT SUCH TIMES AS  SPECIFIED BY THE  DEPART-
MENT, SUCH DATA AND INFORMATION REGARDING HOSPITAL NURSING CARE PROVIDED
UNDER THE BLOCK GRANT AS THE DEPARTMENT MAY DEEM NECESSARY.
  S  2. The sum of ten million dollars ($10,000,000), or so much thereof
as may be necessary, is hereby appropriated to the department of  health
from  any moneys in the state treasury in the general fund to the credit
of the state purposes account not otherwise  appropriated  for  services
and  expenses  of  the  department  for the purposes of carrying out the
provisions of this act. Such sum shall  be  payable  on  the  audit  and
warrant  of  the  state comptroller on vouchers certified or approved by
the commissioner of health, or his duly designated representative in the
manner provided by law.
  S 3. This act shall take effect immediately.