S T A T E O F N E W Y O R K
________________________________________________________________________
7628
I N S E N A T E
February 1, 2018
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Introduced by Sen. VALESKY -- 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 medical assistance
payments for care in hospice residences
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 4012 of the public health law is amended by adding
a new subdivision 5 to read as follows:
5. (A) MEDICAID PAYMENTS TO HOSPICE RESIDENCES SHALL BE IN AN AMOUNT
EQUAL TO NINETY-FOUR PERCENT OF THE WEIGHTED AVERAGE MEDICAL ASSISTANCE
FEE FOR SERVICE RATE REIMBURSED TO RESIDENTIAL HEALTH CARE FACILITIES
LOCATED IN THE MANAGED LONG TERM CARE REGION THAT THE HOSPICE RESIDENCE
IS LOCATED. SUCH AVERAGE MEDICAL ASSISTANCE RATE SHALL BE INCLUSIVE OF
SPECIALTY UNITS, THE ROOM AND BOARD FURNISHED BY THE HOSPICE RESIDENCE,
CASH RECEIPTS ASSESSMENTS AND THE CASE MIX OF THE RESIDENTIAL HEALTH
CARE FACILITIES LOCATED IN THE MANAGED LONG TERM CARE REGION THAT SUCH
HOSPICE IS LOCATED. SUCH AVERAGE MEDICAL ASSISTANCE RATE SHALL ALSO BE
INCLUSIVE OF AN EFFICIENCY FACTOR OF 1.1 MULTIPLIED BY SUCH WEIGHTED
AVERAGE RATE; RECRUITMENT AND RETENTION MONIES; AND ANY ADJUSTMENTS MADE
FOR MINIMUM WAGE, AS SUCH ADJUSTMENTS ARE APPLIED TO THE RESIDENTIAL
HEALTH CARE FACILITIES LOCATED IN THE MANAGED LONG TERM CARE REGION IN
WHICH THE HOSPICE RESIDENCE IS LOCATED.
(B) UNDER NO CIRCUMSTANCES SHALL THE RATES ESTABLISHED PURSUANT TO
THIS SUBDIVISION BE LESS THAN THE RATES ESTABLISHED FOR HOSPICE RESI-
DENCES IN EFFECT ON THE EFFECTIVE DATE OF THIS SUBDIVISION AND MANAGED
CARE ORGANIZATIONS SHALL REIMBURSE HOSPICE RESIDENCES THE RATE ESTAB-
LISHED PURSUANT TO THIS SUBDIVISION FOR A PERIOD OF AT LEAST FIVE YEARS
FROM THE DATE HOSPICE RESIDENTS ARE TRANSITIONED TO MANAGED CARE. SUCH
REIMBURSEMENT SHALL BE KNOWN AS THE HOSPICE RESIDENCE BENCHMARK RATE.
§ 2. This act shall take effect April 1, 2018.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11121-04-8