Senate Bill S5997

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5997
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2017
                                ___________
 
 Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to reserved bed days
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 25 of section 2808 of the public health law, as
 amended  by  section  2  of part E of chapter 57 of the laws of 2017, is
 amended to read as follows:
   25. Reserved bed  days.  (a)  For  purposes  of  this  subdivision,  a
 "reserved bed day" is a day for which a governmental agency pays a resi-
 dential  health care facility to reserve a bed for a person eligible for
 medical assistance pursuant to title  eleven  of  article  five  of  the
 social  services  law  while  he  or  she is TEMPORARILY HOSPITALIZED on
 [therapeutic] leave of absence from the facility.
   (b) Notwithstanding any other provisions of this section or any  other
 law  or  regulation  to  the contrary, for reserved bed days provided on
 behalf of persons twenty-one years of age or older:
   (i) payments for reserved  bed  days  shall  be  made  at  ninety-five
 percent  of  the  Medicaid  rate  otherwise  payable to the facility for
 services provided on behalf of such person; [and]
   (ii) PAYMENT TO A FACILITY FOR RESERVED BED DAYS PROVIDED ON BEHALF OF
 SUCH PERSON FOR TEMPORARY HOSPITALIZATIONS MAY NOT EXCEED FOURTEEN  DAYS
 IN ANY TWELVE MONTH PERIOD; AND
   (III)  payment  to a facility for reserved bed days provided on behalf
 of such person for [therapeutic] NON-HOSPITALIZATION leaves  of  absence
 may not exceed ten days in any twelve month period.
   (C)(I)  NOTWITHSTANDING  ANY CONTRARY PROVISION OF THIS SUBDIVISION OR
 ANY OTHER LAW AND SUBJECT  TO  THE  AVAILABILITY  OF  FEDERAL  FINANCIAL
 PARTICIPATION,  WITH  REGARD  TO SERVICES PROVIDED TO RESIDENTIAL HEALTH
 CARE FACILITY RESIDENTS TWENTY-ONE YEARS OF AGE AND OLDER,  THE  COMMIS-
 SIONER  SHALL PROMULGATE REGULATIONS, AND MAY PROMULGATE EMERGENCY REGU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11475-01-7

 S. 5997                             2
 
 LATIONS, EFFECTIVE FOR PERIODS ON AND AFTER  JULY  FIRST,  TWO  THOUSAND
 TWELVE, ESTABLISHING REIMBURSEMENT RATES FOR RESERVED BED DAYS.
   (II)  SUCH REGULATIONS SHALL, FOR EACH MEDICAID PATIENT FOR ANY TWELVE
 MONTH PERIOD, PROVIDE FOR REIMBURSEMENT FOR RESERVED BED DAYS  FOR:  (A)
 UP  TO  AN AGGREGATE OF FOURTEEN DAYS FOR HOSPITALIZATIONS AND FOR OTHER
 THERAPEUTIC LEAVES FOR ABSENCE CONSISTENT WITH A PLAN OF CARE ORDERED BY
 SUCH PATIENT'S TREATING HEALTH CARE  PROFESSIONAL;  AND  (B)  UP  TO  AN
 AGGREGATE OF TEN DAYS OF OTHER LEAVES OF ABSENCE.
   (III)  NO  LATER  THAN  THIRTY  DAYS  AFTER PROMULGATION OF SUCH REGU-
 LATIONS, THE COMMISSIONER SHALL ADVISE THE CHAIRS OF THE SENATE  FINANCE
 AND HEALTH COMMITTEES AND THE ASSEMBLY WAYS AND MEANS AND HEALTH COMMIT-
 TEES OF THE PROJECTED REDUCTIONS EXPECTED TO BE ACHIEVED UNDER THE METH-
 ODOLOGY SET FORTH IN SUCH REGULATIONS.
   (IV)  IN  THE  EVENT THE COMMISSIONER DETERMINES, IN CONSULTATION WITH
 THE DIRECTOR OF THE BUDGET, THAT THE REGULATIONS PROMULGATED PURSUANT TO
 SUBPARAGRAPH (I) OF THIS PARAGRAPH  SHALL  ACHIEVE  PROJECTED  AGGREGATE
 MEDICAID  SAVINGS, AS DETERMINED BY THE COMMISSIONER, OF LESS THAN FORTY
 MILLION DOLLARS FOR THE STATE FISCAL YEAR  BEGINNING  APRIL  FIRST,  TWO
 THOUSAND TWELVE, AND EACH STATE FISCAL YEAR THEREAFTER, THE COMMISSIONER
 SHALL  ESTABLISH  A PROSPECTIVE PER DIEM RATE ADJUSTMENT FOR ALL NURSING
 HOMES, OTHER THAN NURSING HOMES PROVIDING SERVICES PRIMARILY TO CHILDREN
 UNDER THE AGE OF TWENTY-ONE, SUFFICIENT TO ACHIEVE  SUCH  FORTY  MILLION
 DOLLARS IN SAVINGS FOR EACH SUCH STATE FISCAL YEAR.
   § 2. This act shall take effect immediately.