S T A T E O F N E W Y O R K
________________________________________________________________________
S. 825 A. 519
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 5, 2011
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IN SENATE -- Introduced by Sen. LITTLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Health
IN ASSEMBLY -- Introduced by M. of A. SAYWARD -- 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 Essex 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-x to read as follows:
S 367-X. PAYMENT FOR RESIDENTIAL HEALTH CARE FACILITIES IN ESSEX COUN-
TY. 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 A RURAL AREA;
(B) THE FACILITY IS A HOSPITAL AFFILIATED FACILITY;
(C) THE FACILITY IS IN A RURAL AREA AND IN A COUNTY WHERE MORE THAN
FIFTEEN PERCENT OF THE TOTAL POPULATION IS OVER THE AGE OF SIXTY-FIVE;
(D) THE FACILITY HAS OVER SEVENTY-FIVE PERCENT OF MEDICAID PAYOR MIX;
(E) THERE IS JOB RETENTION AND/OR CREATION FOR AT LEAST ONE HUNDRED
FIFTY PEOPLE PER FACILITY; AND
(F) THE FACILITY IS LOCATED IN ESSEX 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01293-01-1
S. 825 2 A. 519
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.
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 date.