S T A T E O F N E W Y O R K
________________________________________________________________________
S. 8400 A. 11583
S E N A T E - A S S E M B L Y
June 28, 2010
___________
IN SENATE -- Introduced by Sen. KRUGER -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Finance
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- read once and
referred to the Committee on Ways and Means
AN ACT to amend part D of chapter 58 of the laws of 2009, amending the
public health law and other laws relating to Medicaid reimbursements
to residential health care facilities, in relation to such reimburse-
ments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of part D of chapter 58 of the laws of 2009,
amending the public health law and other laws relating to Medicaid
reimbursements to residential health care facilities, as proposed in
legislative bill numbers S. 6608-B and A. 9708-C amending the public
health law and other laws relating to Medicaid reimbursements to resi-
dential health care facilities, is amended to read as follows:
S 2. Notwithstanding paragraph (b) of subdivision 2-b of section 2808
of the public health law or any other contrary provision of law, with
regard to adjustments to medicaid rates of payment for inpatient
services provided by residential health care facilities for the period
April 1, 2009 through March 31, 2010, made pursuant to paragraph (b) of
subdivision 2-b of section 2808 of the public health law, the commis-
sioner of health and the director of the budget shall, upon a determi-
nation that such adjustments, including the application of adjustments
authorized by the provisions of paragraph (g) of subdivision 2-b of
section 2808 of the public health law, shall result in an aggregate
increase in total Medicaid rates of payment for such services for such
period that is less than or more than two hundred ten million dollars
($210,000,000), make such proportional adjustments to such rates as are
necessary to result in an increase of such aggregate expenditures of two
hundred ten million dollars ($210,000,000), and provided further, howev-
er, that notwithstanding section 2808 of the public health law or any
other contrary provision of law, with regard to adjustments to inpatient
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17935-01-0
S. 8400 2 A. 11583
rates of payment made pursuant to section 2808 of the public health law
for inpatient services provided by residential health care facilities
for the period April 1, 2010 through [June 30] MARCH 31, 2011, the
commissioner of health and the director of the budget shall, upon a
determination by such commissioner and such director that such rate
adjustments shall, prior to the application of any applicable adjustment
for inflation, result in an aggregate increase in total Medicaid rates
of payment for such services, [including payments made pursuant to
subparagraph (i) of paragraph (d) of subdivision 2-c of section 2808 of
the public health law,] make such proportional adjustments to such rates
as are necessary to reduce such total aggregate rate adjustments such
that the aggregate total reflects no such increase or decrease, and
provided further, however, the case mix adjustments as otherwise author-
ized by subparagraph (ii) of paragraph (b) of subdivision 2-b of section
2808 of the public health law and as scheduled for January of 2011 shall
not be made. Adjustments made pursuant to this section shall not be
subject to subsequent correction or reconciliation.
S 2. This act shall take effect on the same date and in the same
manner as section 3 of part D of a chapter of the laws of 2010 amending
the public health law and other laws relating to Medicaid reimbursements
to residential health care facilities as proposed in legislative bill
numbers S. 6608-B and A. 9708-C, takes effect.