S T A T E   O F   N E W   Y O R K
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                                  7333

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2011
                               ___________

Introduced by M. of A. BARRON -- read once and referred to the Committee
  on Health

AN  ACT  to  amend  the  public  health law, in relation to the rates of
  payment for services provided by residential health care facilities

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

  Section  1.  Subparagraph  (i)  of  paragraph (a) of subdivision 23 of
section 2808 of the public health law, as added by section 29 of part  C
of chapter 109 of the laws of 2006, is amended to read as follows:
  (i)  For adult day health care services provided by residential health
care facilities, effective April first, two thousand seven and thereaft-
er, the operating component of the rate of payment established  pursuant
to  this article for an adult day health care program which has achieved
an occupancy percentage of ninety percent or greater for a calendar year
prior to April first, two thousand  seven,  AND  HAS  NOT  EXPANDED  THE
AMOUNT  OF GROSS PHYSICAL PLANT SPACE AVAILABLE FOR AN ADULT HEALTH CARE
SERVICE  PROGRAM  UNDER  THE  TERMS  OF  A  VALID  LEASE  BY  MORE  THAN
TWENTY-FIVE  PERCENT  PRIOR TO CALENDAR YEAR TWO THOUSAND FOUR, shall be
calculated utilizing allowable costs reported in the two thousand  four,
two  thousand five, or two thousand six calendar year residential health
care facility cost report filed by  the  sponsoring  residential  health
care  facility,  whichever  is  the  earliest of such calendar year cost
reports in which the program has achieved  an  occupancy  percentage  of
ninety  percent  or  greater,  except  that  programs receiving rates of
payment based on allowable costs for a period prior to April first,  two
thousand  seven shall continue to receive rates of payment based on such
period.
  S 2. Subparagraph (ii) of paragraph (a) of subdivision 23  of  section
2808  of the public health law, as amended by chapter 591 of the laws of
2007, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09529-01-1

              

A. 7333                             2

  (ii) For such programs which achieved an occupancy percentage of nine-
ty percent or greater prior to calendar year two thousand four, so  long
as  approved  capacity  in that year is the same as in calendar year two
thousand four, OR SO LONG AS THE PROGRAM HAS NOT EXPANDED THE AMOUNT  OF
GROSS  PHYSICAL  PLANT  SPACE AVAILABLE FOR AN ADULT HEALTH CARE SERVICE
PROGRAM UNDER THE TERMS OF  A  VALID  LEASE  BY  MORE  THAN  TWENTY-FIVE
PERCENT  PRIOR  TO  CALENDAR  YEAR  TWO THOUSAND FOUR, but which did not
maintain occupancy of ninety percent or greater in  calendar  years  two
thousand  four,  two  thousand  five, or two thousand six, the operating
component of the rate of payment established pursuant  to  this  article
shall  be calculated utilizing allowable costs reported in the two thou-
sand four calendar year cost report divided by visits imputed at  ninety
percent occupancy.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2008.