NY State Senate Bill 2017-S6255

Senate Bill S6255

2017-2018 Legislative Session

Delays until September 1, 2017, the effective date of amendments made to the public health law relating to reserved bed days

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to health
May 23, 2017	reported and committed to finance
May 11, 2017	referred to health

Votes

- May 23, 2017 - Health Committee Vote
  S6255
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 23, 2017
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky

2017-S6255 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Health
Laws Affected:: Amd Part E §7, Chap 57 of 2017

2017-S6255 (ACTIVE) - Summary

Delays until September 1, 2017, the effective date of amendments made to the public health law relating to reserved bed days.

2017-S6255 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6255

 TITLE OF BILL :  An act to amend chapter 57 of the laws of 2017,
amending the public health law relating to reserved bed days, in
relation to the effective date of certain provisions thereof

 PURPOSE :

To clarify the intended effective date for the change to New York
State's reserve bed day reimbursement methodology and clarify that
nursing homes may continue to bill Medicaid for hospital leaves of
absence until the later of September 1, 2017 or when the Department of
Health adopts final amendments to existing bed hold regulations.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 7 of Part E of Chapter 57 of the
Laws of 2017 to provide a September 1, 2017 effective date, provided
that the Department of Health must adopt final amended regulations
before this section of law takes effect.

Section 2 provides an effective date.

 JUSTIFICATION :

As part of the adopted health and mental hygiene article VII budget

bill (S.2007B/A.3007B) the State's authority to provide Medicaid
reimbursement for nursing home reserve bed days due to a resident's
hospitalization was eliminated effective April 1, 2017. Despite the
statutory change, there is confusion as to whether the Department of
Health (DOH) intends for all other aspects of bed hold to remain in
place.

As a result of the budget, families and residents are left questioning
whether the resident's "same bed" will be reserved when the resident
leaves the facility for a hospitalization, despite the fact that the
nursing home may not receive reimbursement. DOH is aware that the
State's reimbursement change has created confusion and uncertainty
among facilities, residents, and family members. It is imperative that
the Department work with the stakeholders to resolve this confusion
and develop amended regulations. For this reason, it is necessary to
delay the implementation of the budget action until DOH is able to
finally promulgate amendments to existing bed hold regulations.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Effective on the same date and in the same manner as Chapter 57 of
2017.

2017-S6255 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6255
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend chapter 57 of the laws  of  2017,  amending  the  public
   health law relating to reserved bed days, in relation to the effective
   date of certain provisions thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7 of part E of chapter 57  of  the  laws  of  2017,
 amending the public health law relating to reserved bed days, is amended
 to read as follows:
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April  1,  2017;  EXCEPT
 THAT SECTION TWO OF THIS ACT SHALL TAKE EFFECT ON THE FIRST OF SEPTEMBER
 AFTER  THIS  ACT  SHALL  HAVE  BECOME  A LAW; PROVIDED THAT PRIOR TO THE
 EFFECTIVE DATE OF SECTION TWO OF THIS ACT  THE  COMMISSIONER  OF  HEALTH
 SHALL  AMEND  EXISTING  REGULATIONS  AND  TAKE  OTHER ACTIONS REASONABLY
 NECESSARY TO IMPLEMENT THE CHANGE TO THE RESERVED  BED  DAY  POLICY  AND
 REIMBURSEMENT  METHODOLOGY  AS  AMENDED  BY SECTION TWO OF THIS ACT; AND
 PROVIDED FURTHER THAT THE DEPARTMENT OF HEALTH SHALL NOT DENY REIMBURSE-
 MENT FOR BEDS RESERVED PURSUANT TO SECTION 2808 OF THE PUBLIC HEALTH LAW
 AND REGULATIONS EXISTING ON OR BEFORE APRIL 1, 2017,  UNLESS  AND  UNTIL
 THE  COMMISSIONER  OF  HEALTH  ISSUES AMENDED REGULATIONS TO REFLECT THE
 PUBLIC HEALTH LAW CHANGES MADE BY THIS ACT.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11711-01-7

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