S T A T E O F N E W Y O R K
________________________________________________________________________
5867
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
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Introduced by M. of A. McKEVITT, ERRIGO, ALFANO, BARRA -- Multi-Spon-
sored by -- M. of A. McDONOUGH, MILLER, WALKER -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to providing four
thousand transitional care units to hospitals
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 section
2803-s to read as follows:
S 2803-S. HOSPITAL-BASED TRANSITIONAL CARE UNITS. 1. THE DEPARTMENT
SHALL PROVIDE FOUR THOUSAND TRANSITIONAL CARE UNITS TO MEDICARE PATIENTS
WHO HAVE EXCEEDED THEIR DIAGNOSTIC RELATED GROUP LENGTH OF STAY BUT WHO
ARE NOT READY FOR SAFE DISCHARGE TO A HOME ENVIRONMENT AND WHO ARE NOT
CANDIDATES FOR SUBACUTE CARE IN OTHER HEALTH-CARE RELATED SETTINGS.
2. STAFFING FOR TRANSITIONAL CARE UNITS SHALL BE DETERMINED BY THE
SPONSORING HOSPITAL. THE SPONSORING HOSPITAL SHALL RETAIN A LICENSED
NURSING HOME ADMINISTRATOR TO ENSURE COMPLIANCE WITH FEDERAL REGU-
LATIONS.
3. THE UNIT SIZE, LOCATION AND SERVICES SHALL BE DETERMINED BY THE
NEEDS OF THE SPONSORING HOSPITAL IN SUCH APPLICATION FOR TRANSITIONAL
CARE UNITS.
4. SUCH TRANSITIONAL CARE UNITS SHALL BE GOVERNED BY THIS ARTICLE BUT
SHALL BE REIMBURSED AS A MEDICARE SKILLED NURSING FACILITY WITH A SEPA-
RATE MEDICARE PROVIDER NUMBER.
5. ANY RENOVATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION
SHALL NOT BE BORNE BY THE MEDICAID PROGRAM.
S 2. This act shall take effect immediately, provided, however, appli-
cations for such transitional care units shall be accepted 30 days after
it shall have become a law and shall take effect no later than 90 days
after receipt of such applications; further, provided, that effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized and directed to be made or completed on or before
such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09179-01-9