Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 08, 2010 |
referred to social services |
Assembly Bill A10609
2009-2010 Legislative Session
Sponsored By
SCHROEDER
Archive: Last Bill Status - In Assembly 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
Actions
co-Sponsors
Sam Hoyt
Dennis H. Gabryszak
Robin Schimminger
Crystal Peoples-Stokes
2009-A10609 (ACTIVE) - Details
2009-A10609 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10609 TITLE OF BILL: An act to amend the social services law, in relation to payments for residential health care facilities in Erie county and Niagara county PURPOSE: This bill would increase the Medicaid reimbursement rate for nursing homes in Western New York, in an effort to prevent the closure of additional facilities and the loss of more jobs. SUMMARY OF PROVISIONS: Section I: This legislation will create a special Medicaid reimbursement rate 40% higher than what is called for in previ- ous regulations, and will apply to facilities in Erie or Niagara County that have at least 80% Medicaid payor mix, are hospital affiliated, non-for-profit, and create or retain at least 120 jobs. Section II: effective date. JUSTIFICATION: Western New York is at a disadvantage because the rate at which Medicaid reimburses nursing homes is far lower than the rates for the rest of the state. This has caused a situation where the nursing homes that have high percentages of patients receiving Medicaid are being forced to shut down and lay off workers. In the past two years, three nursing homes have closed in Buffalo, resulting in the loss of over 600 jobs. A fourth nursing home has submitted plans for closure and several more are on the brink of bankruptcy. This legislation is neces-
2009-A10609 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10609 I N A S S E M B L Y April 8, 2010 ___________ Introduced by M. of A. SCHROEDER, HOYT, GABRYSZAK, SCHIMMINGER, PEOPLES-STOKES, BURLING, CORWIN, DelMONTE, HAYES, QUINN -- read once and referred to the Committee on Social Services 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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