NY State Senate Bill 2009-S7226

Senate Bill S7226

2009-2010 Legislative Session

Relates to payments for residential health care facilities in Erie county and Niagara county

download bill text pdf

Archive: Last Bill Status - Stricken

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 19, 2010	recommit, enacting clause stricken
Mar 24, 2010	referred to health

co-Sponsors

2009-S7226 (ACTIVE) - Details

Law Section:: Social Services Law
Laws Affected:: Add §367-v, Soc Serv L

2009-S7226 (ACTIVE) - Summary

Relates to allowing residential health care facilities meeting certain requirements located in Erie county and Niagara county reimbursement at rate of forty percent above the rate set forth in 10 NYCRR section 86-2.10.

2009-S7226 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7226

 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 :
To ensure the provision of long term care services for frail and
impoverished elderly patients, and to prevent future closures of
nursing homes.

 SUMMARY OF PROVISIONS :
Section 1: This legislation will create a special Medicaid
reimbursement rate 40% higher than what is called for in previous
regulations. The rate will apply to facilities that meet five of the
six criteria: 80% or more Medicaid payor mix, hospital affiliation,
not-for profit status, the creation or retention of at least 120 jobs
at the facility, location in a metropolitan statistical area where
more than 15.5% of the population is over the age 65, and location in
either Erie or Niagara Counties.

Section II: effective date.

 JUSTIFICATION :
Western New York is at a disadvantage because the rate at which
Medicaid reimburses nursing homes has been significantly below the

cost to provide care. In many cases, the reimbursement has been $35 to
$50 below cost, per Medicaid patient, per day, resulting in losses
that have exceeded $1,000,000 a year for some nursing homes. This has
caused a situation where the nursing homes that have high percentages
of patients on Medicaid are being forced to shut down and lay off
workers. Most of the workers who are laid off are minorities.

In the past several years, eight nursing homes have closed in western
New York. In the City of Buffalo, three facilities have closed in the
past 24 months, resulting in the loss of over 700 jobs. A fourth
nursing home in Buffalo recently received approval for closure, and
several more are on the brink of bankruptcy. In this urban area, where
there were once 14 nursing homes, there has been a 36% drop in the
number of facilities, a figure that will increase if no action is
taken to address the problem. As such, this legislation is necessary
to avoid significant loss of jobs and closure of facilities where the
percentage of residents on Medicaid is very high, and where rates of
poverty are substantially higher than the statewide average.

 LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S7226 (ACTIVE) - Bill Text download pdf

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

                                  7226

                            I N  S E N A T E

                             March 24, 2010
                               ___________

Introduced  by Sens. STACHOWSKI, MAZIARZ, THOMPSON, VOLKER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Health

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 LESS THAN
TWENTY 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 RATE 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.
  3.  THE  COMMISSIONER  OF  HEALTH IS HEREBY AUTHORIZED AND DIRECTED TO
ADOPT RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.

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

                                                           LBD15615-06-0

S. 7226                             2

  S 2. This act shall take effect immediately, provided,  however,  that
the  commissioner  of  health shall promulgate any rules and regulations
necessary for the implementation of this act on or before such effective
date.

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Senate Bill S7226

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Sponsored By

William T. Stachowski