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

                                  1198

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. DESTITO, REILLY, LANCMAN, COLTON, CHRISTENSEN --
  Multi-Sponsored by -- M. of A. HAWLEY, PHEFFER, SEMINERIO -- read once
  and referred to the Committee on Health

AN ACT to amend the public health law, in  relation  to  postponing  the
  calculation  of  the operating cost component of rates paid by govern-
  mental agencies for inpatient services provided by residential  health
  care  facilities  based on the number of patients eligible for medical
  assistance

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

  Section  1.  Paragraph  (g)  of subdivision 2-b of section 2808 of the
public health law, as added by section 36 of part C of chapter 58 of the
laws of 2007, is amended to read as follows:
  (g) Notwithstanding any contrary provision of this subdivision or  any
other  contrary  provision  of law, rule or regulation, rates of payment
for inpatient services provided on and after April first,  two  thousand
[nine]  ELEVEN  by  residential health care facilities shall, except for
the establishment of any statewide or any peer group base, mean or ceil-
ing prices per day, be calculated utilizing only the number of  patients
properly  assessed and reported in each patient classification group and
eligible for medical assistance pursuant to title eleven of article five
of the social services law.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03784-01-9