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

                                  5833

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 20, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend chapter 474 of the laws of 1996, amending the  education
  law  and  other  laws  relating  to  rates for residential health care
  facilities, in relation to utilization of  certified  public  expendi-
  tures for certain payments to public general hospitals

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

  Section 1. Section 213 of chapter 474 of the laws  of  1996,  amending
the  education  law  and  other  laws  relating to rates for residential
health care facilities, as amended by a chapter  of  the  laws  of  2011
amending  chapter 474 of the laws of 1996 amending the education law and
other laws relating to rates for  residential  health  care  facilities,
relating  to  payments  by  social services districts for public general
hospitals, as proposed in legislative bills numbers S.5644  and  A.8306,
is amended and a new section 214-a is added to read as follows:
  S  213.    Notwithstanding  any inconsistent provision of law or regu-
lation to the contrary, the social services district in which an  eligi-
ble  public  general hospital is physically located shall be responsible
for the payments for such  public  general  hospital  as  determined  in
accordance  with  sections  two hundred eleven and two hundred twelve of
this act for all hospital  services  provided  by  such  public  general
hospital  in  accordance  with section 365-a of the social services law,
regardless of whether another social services district or the department
of social services may otherwise be responsible for  furnishing  medical
assistance  to  the  eligible  persons receiving such services.   To the
extent permitted by  the  federal  Centers  for  Medicare  and  Medicaid
Services, the social services district's responsibility for payments may
be  fulfilled  through  public  expenditures  certified  by the eligible
public general hospital located in the social services district as meet-
ing the requirements for the payments authorized by sections two hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13210-01-1
              

S. 5833                             2

eleven and two hundred twelve of this act AND AS OTHERWISE  PROVIDED  IN
ACCORDANCE WITH SECTION TWO HUNDRED FOURTEEN-A OF THIS ACT.
  S 214-A. 1.  NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW AND SUBJECT
TO  THE  AVAILABILITY  OF FEDERAL FINANCIAL PARTICIPATION, EFFECTIVE FOR
PERIODS ON OR AFTER JULY 1, 2011, THE COMMISSIONER OF HEALTH IS  AUTHOR-
IZED TO SEEK ALL NECESSARY FEDERAL APPROVALS TO UTILIZE CERTIFIED PUBLIC
EXPENDITURES  (HEREINAFTER  REFERRED  TO  IN THIS SECTION AS "CPE") WITH
REGARD TO PAYMENTS MADE TO GENERAL HOSPITALS PURSUANT  TO  SECTIONS  TWO
HUNDRED  ELEVEN  AND  TWO HUNDRED TWELVE OF THIS ACT, FOR THE PURPOSE OF
RECOGNIZING OTHERWISE UN-REIMBURSED ALLOWABLE MEDICAL  ASSISTANCE  COSTS
PURSUANT  TO  TITLE  11  OF  ARTICLE  5  OF  THE SOCIAL SERVICES LAW FOR
PATIENTS ELIGIBLE FOR FEDERAL FINANCIAL PARTICIPATION UNDER TITLE XIX OF
THE FEDERAL SOCIAL SECURITY ACT. SUCH CPES MAY BE UTILIZED  WITH  REGARD
TO PAYMENTS MADE PURSUANT TO SECTIONS TWO HUNDRED ELEVEN AND TWO HUNDRED
TWELVE OF THIS ACT TO OR ON BEHALF OF PUBLIC GENERAL HOSPITALS.  GENERAL
PUBLIC  HOSPITALS  SEEKING TO UTILIZE CPES FOR MEDICAID PAYMENT PURPOSES
SHALL PROVIDE SUCH DOCUMENTATION AND SUPPORTING DATA AS THE COMMISSIONER
OF HEALTH DEEMS NECESSARY.  THE  FEDERAL  MATCHING  FUNDS  RECEIVED  FOR
APPROVED  CPES PURSUANT TO THIS SECTION SHALL BE REMITTED TO THE GENERAL
PUBLIC HOSPITAL WHOSE  EXPENDITURES  FORMED  THE  BASIS  FOR  SUCH  CPE.
FURTHER, THE AMOUNT OF SUCH CPES SHALL BE EXCLUDED FROM ALL CALCULATIONS
MADE  PURSUANT TO SECTION 1 OF PART C OF CHAPTER 58 OF THE LAWS OF 2005.
THE COMMISSIONER OF HEALTH MAY PROMULGATE REGULATIONS,  INCLUDING  EMER-
GENCY REGULATIONS, TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  2.  FULFILLMENT  OF  THE  SOCIAL  SERVICES DISTRICT RESPONSIBILITY FOR
FUNDING OF THE NON-FEDERAL  SHARE  OF  ANY  PAYMENTS  PURSUANT  TO  THIS
SECTION  SHALL  BE  DEEMED TO BE VOLUNTARY FOR PURPOSES OF THE INCREASED
FEDERAL MEDICAL ASSISTANCE PERCENTAGE PROVISIONS OF THE AMERICAN  RECOV-
ERY  AND  REINVESTMENT  ACT OF 2009; PROVIDED HOWEVER THAT, IN THE EVENT
THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES  DETERMINES  THAT
SUCH  NON-FEDERAL SHARE PAYMENTS ARE NOT VOLUNTARY PAYMENTS FOR PURPOSES
OF SUCH ACT OR OTHERWISE DISALLOWS FEDERAL  FINANCIAL  PARTICIPATION  IN
SUCH PAYMENTS, THE PROVISIONS OF THIS SECTION SHALL BE NULL AND VOID AND
PAYMENTS  MADE PURSUANT TO THIS SECTION SHALL BE RECOUPED BY THE COMMIS-
SIONER OF HEALTH.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner as a chapter of the laws of 2011 amending chapter 474 of the laws
of  1996 amending the education law and other laws relating to rates for
residential health care facilities,  relating  to  payments  for  social
services districts for public general hospitals, as proposed in legisla-
tive bills numbers S.5644 and A.8306, takes effect.