S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6559
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 2, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public  health  law,  in  relation  to  payment  for
   reserved bed days in residential health care facilities; and to repeal
   paragraph  (f) of subdivision 2-c of section 2808 of such law relating
   to prospective per diem adjustments for certain nursing homes
 
   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 OR 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11945-03-7

 S. 6559                             2
 
 PARTICIPATION,  WITH  REGARD  TO SERVICES PROVIDED TO RESIDENTIAL HEALTH
 CARE FACILITY RESIDENTS TWENTY-ONE YEARS OF AGE OR  OLDER,  THE  COMMIS-
 SIONER  SHALL PROMULGATE REGULATIONS, AND MAY PROMULGATE EMERGENCY REGU-
 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  LEAVE OF ABSENCES CONSISTENT WITH A PLAN OF CARE ORDERED BY
 SUCH PATIENT'S TREATING HEALTH CARE PROFESSIONAL; AND (B) UP  TO  AGGRE-
 GATE 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 CHAIR OF THE  SENATE  FINANCE
 COMMITTEE,  THE  CHAIR  OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE
 CHAIRS OF THE SENATE AND ASSEMBLY HEALTH  COMMITTEES  OF  THE  PROJECTED
 REDUCTIONS  EXPECTED  TO  BE ACHIEVED UNDER THE METHODOLOGY 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. Paragraph (f) of subdivision 2-c of section 2808  of  the  public
 health law is REPEALED.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2017.