S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1146
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M. of A. GOTTFRIED, LAVINE, LENTOL, ENGLEBRIGHT, BARRON,
   WRIGHT, ORTIZ, STIRPE, ABBATE, SIMON, MAGNARELLI, CARROLL, RICHARDSON,
   PERRY, WALLACE, D'URSO, ABINANTI, LIFTON, RAIA, LUPARDO --  read  once
   and referred to the Committee on Health
 
 AN  ACT to amend chapter 474 of the laws of 1996, amending the education
   law and other laws relating to rates for residential healthcare facil-
   ities, in relation to directing the department of health to make addi-
   tional payments for  inpatient  services  to  certain  public  general
   hospitals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1 of section  212  of  chapter
 474  of  the  laws  of  1996,  amending the education law and other laws
 relating to rates for residential healthcare facilities, as  amended  by
 section  1  of  part  D of chapter 59 of the laws of 2016, is amended to
 read as follows:
   (a) Notwithstanding any inconsistent provision of law or regulation to
 the contrary, effective beginning August 1, 1996, for the  period  April
 1,  1997  through  March 31, 1998, April 1, 1998 for the period April 1,
 1998 through March 31, 1999, August 1, 1999, for  the  period  April  1,
 1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000
 through  March  31,  2001,  April  1, 2001, for the period April 1, 2001
 through March 31, 2002, April 1, 2002, for  the  period  April  1,  2002
 through March 31, 2003, and for the state fiscal year beginning April 1,
 2005  through  March  31,  2006, and for the state fiscal year beginning
 April 1, 2006 through March 31, 2007, and  for  the  state  fiscal  year
 beginning April 1, 2007 through March 31, 2008, and for the state fiscal
 year  beginning  April 1, 2008 through March 31, 2009, and for the state
 fiscal year beginning April 1, 2009 through March 31, 2010, and for  the
 state  fiscal  year  beginning April 1, 2010 through March 31, 2016, and
 for the state fiscal year beginning April  1,  2016  through  March  31,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03442-01-9

 A. 1146                             2
 
 2019,  the  department  of health is [authorized] REQUIRED to pay public
 general hospitals, as defined in subdivision 10 of section 2801  of  the
 public  health  law,  operated  by the state of New York or by the state
 university  of  New  York or by a county, which shall not include a city
 with a population of over one million, of the state  of  New  York,  and
 those public general hospitals located in the county of Westchester, the
 county  of  Erie  or the county of Nassau, additional payments for inpa-
 tient hospital services as medical assistance payments pursuant to title
 11 of article 5 of the social services law  for  patients  eligible  for
 federal  financial  participation  under title XIX of the federal social
 security act in medical assistance pursuant  to  the  federal  laws  and
 regulations  governing  disproportionate share payments to hospitals [up
 to] OF one hundred  percent  of  each  such  public  general  hospital's
 medical  assistance and uninsured patient losses after all other medical
 assistance, including disproportionate share  payments  to  such  public
 general  hospital  for  1996,  1997, 1998, and 1999, based initially for
 1996 on reported 1994 reconciled data as further  reconciled  to  actual
 reported  1996 reconciled data, and for 1997 based initially on reported
 1995 reconciled data as  further  reconciled  to  actual  reported  1997
 reconciled  data,  for  1998 based initially on reported 1995 reconciled
 data as further reconciled to actual reported 1998 reconciled data,  for
 1999  based initially on reported 1995 reconciled data as further recon-
 ciled to actual reported 1999 reconciled data, for 2000 based  initially
 on  reported  1995  reconciled  data  as  further  reconciled  to actual
 reported 2000 data, for 2001 based initially on reported 1995 reconciled
 data as further reconciled to actual reported 2001 data, for 2002  based
 initially  on  reported  2000  reconciled  data as further reconciled to
 actual reported 2002 data, and for state fiscal years beginning on April
 1, 2005, based initially on reported 2000  reconciled  data  as  further
 reconciled  to actual reported data for 2005, and for state fiscal years
 beginning on April 1, 2006, based initially on reported 2000  reconciled
 data  as  further reconciled to actual reported data for 2006, for state
 fiscal years beginning on and after April  1,  2007  through  March  31,
 2009, based initially on reported 2000 reconciled data as further recon-
 ciled to actual reported data for 2007 and 2008, respectively, for state
 fiscal  years  beginning  on and after April 1, 2009, based initially on
 reported 2007 reconciled data, adjusted  for  authorized  Medicaid  rate
 changes  applicable  to the state fiscal year, and as further reconciled
 to actual reported data for 2009, for state fiscal  years  beginning  on
 and  after  April  1,  2010, based initially on reported reconciled data
 from the base year two years prior to the  payment  year,  adjusted  for
 authorized  Medicaid  rate  changes applicable to the state fiscal year,
 and further reconciled to actual reported data from such  payment  year,
 and  to  actual  reported data for each respective succeeding year.  The
 payments may be added to rates of payment or made as aggregate  payments
 to an eligible public general hospital.
   § 2. This act shall take effect immediately.