NY State Senate Bill 2017-S5662A

Senate Bill S5662A

Vetoed By Governor

2017-2018 Legislative Session

Establishes the rate of medical assistance payments for care to recipients in hospice residences

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 18, 2017	vetoed memo.230
Dec 06, 2017	delivered to governor
Jun 20, 2017	returned to senate passed assembly ordered to third reading rules cal.593 substituted for a6408a
Jun 05, 2017	referred to health delivered to assembly passed senate ordered to third reading cal.1490 committee discharged and committed to rules
May 09, 2017	print number 5662a
May 09, 2017	amend and recommit to finance reported and committed to finance
Apr 24, 2017	referred to health

Votes

- Jun 5, 2017 - Floor Vote
  S5662A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Parker
  Jun 5, 2017 - Rules Committee Vote
  S5662A
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2017
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Dilan
      
      Gianaris
      
      excused (1)
      
      Parker
  May 9, 2017 - Health Committee Vote
  S5662A
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 9, 2017
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky

Bill Amendments

Original

A (Active)

2017-S5662 - Details

See Assembly Version of this Bill:: A6408
Law Section:: Public Health Law
Laws Affected:: Amd §4012, Pub Health L

2017-S5662 - Summary

Establishes the rate of medical assistance payments for care to recipients in hospice residences.

2017-S5662 - Sponsor Memo

                                 BILL NUMBER:  S5662

 TITLE OF BILL :  An act to amend the public health law, in relation
to medical assistance payments for care in hospice residences

 PURPOSE :

To codify hospice reimbursement and update hospice residence rates

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 4012 of the public health law,
codifying hospice residence reimbursement that is currently found in
10 NYCRR 86-6.2. The new subdivisions added to section 4012 also
updates hospice residence reimbursement to include an efficiency
factor that adjusts hospice rates to reflect nursing home rates for
the managed long term care nursing home reimbursement region in which
the hospice is located. The efficiency factor adjusts nursing home
rates to reflect the maximum 16 beds allowed in a hospice residence.

Section 2 of the bill provides an effective date.

 JUSTIFICATION :

Hospice is a program that provides care to terminally ill individuals
that focuses on easing symptoms rather than treating disease. The

emphasis of the program is to help individuals remain at home for as
long as possible. Where home stays are not possible, individuals may
be admitted to hospice residences, which are required to be
residential in character and physical structure.

Services offered through hospice residences include nursing and
physician services, medical social services, counseling (including
nutrition and bereavement counseling), and physical and occupational
therapy. Hospice residences have historically been reimbursed through
regulation, which allows a reimbursement rate at 94% of the regional
weighted average nursing facility rate of the wage equalization factor
region that the hospice residence is located. The per diem rate is
based upon 1999 total Medicaid days for the nursing homes in the
region. This means that the regional rate for hospice residences has
not been updated in nearly 20 years.

This bill would update the hospice residence rate to reflect changes
in nursing home reimbursement, such as the pricing methodology and the
transition to managed care. Further, hospice residences face other
challenges such as the move to value based payments, which will place
additional financial pressure on already thin operating margins.
Stagnant reimbursement rates have led hospice residences to close and
has brought others to the brink of closure; without updating
reimbursement rates, critical end of life care will be unavailable in
many New York communities.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Pursuant to the notice of proposed rulemaking by the department
instituting hospice rates, there will be savings to the state as
terminally ill individuals are maintained in lower cost care settings.

 EFFECTIVE DATE :
April 1, 2018

2017-S5662 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5662
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2017
                                ___________
 
 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.
                                                            LBD11121-01-7

2017-S5662A (ACTIVE) - Details

See Assembly Version of this Bill:: A6408
Law Section:: Public Health Law
Laws Affected:: Amd §4012, Pub Health L

2017-S5662A (ACTIVE) - Summary

Establishes the rate of medical assistance payments for care to recipients in hospice residences.

2017-S5662A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5662A

 TITLE OF BILL :  An act to amend the public health law, in relation
to medical assistance payments for care in hospice residences

 PURPOSE :

To codify hospice reimbursement and update hospice residence rates

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 4012 of the public health law,
codifying hospice residence reimbursement that is currently found in
10 NYCRR 86-6.2. The new subdivisions added to section 4012 also
updates hospice residence reimbursement to include an efficiency
factor that adjusts hospice rates to reflect nursing home rates for
the managed long term care nursing home reimbursement region in which
the hospice is located. The efficiency factor adjusts nursing home
rates to reflect the maximum 16 beds allowed in a hospice residence.

Section 2 of the bill provides an effective date.

 JUSTIFICATION :

Hospice is a program that provides care to terminally ill individuals
that focuses on easing symptoms rather than treating disease. The

emphasis of the program is to help individuals remain at home for as
long as possible. Where home stays are not possible, individuals may
be admitted to hospice residences, which are required to be
residential in character and physical structure.

Services offered through hospice residences include nursing and
physician services, medical social services, counseling (including
nutrition and bereavement counseling), and physical and occupational
therapy. Hospice residences have historically been reimbursed through
regulation, which allows a reimbursement rate at 94% of the regional
weighted average nursing facility rate of the wage equalization factor
region that the hospice residence is located. The per diem rate is
based upon 1999 total Medicaid days for the nursing homes in the
region. This means that the regional rate for hospice residences has
not been updated in nearly 20 years.

This bill would update the hospice residence rate to reflect changes
in nursing home reimbursement, such as the pricing methodology and the
transition to managed care. Further, hospice residences face other
challenges such as the move to value based payments, which will place
additional financial pressure on already thin operating margins.
Stagnant reimbursement rates have led hospice residences to close and
has brought others to the brink of closure; without updating
reimbursement rates, critical end of life care will be unavailable in
many New York communities.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Pursuant to the notice of proposed rulemaking by the department
instituting hospice rates, there will be savings to the state as
terminally ill individuals are maintained in lower cost care settings.

 EFFECTIVE DATE :
January 1, 2018

2017-S5662A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5662--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2017
                                ___________
 
 Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health -- reported favora-
   bly from said committee and committed to the Committee on  Finance  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 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 January 1, 2018.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11121-02-7

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.