S T A T E O F N E W Y O R K
________________________________________________________________________
835
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. GOTTFRIED, LAVINE, ENGLEBRIGHT, BARRON, STIRPE,
ABBATE, SIMON, MAGNARELLI, CARROLL, RICHARDSON, PERRY, WALLACE,
ABINANTI, LUPARDO, SAYEGH, STECK -- Multi-Sponsored by -- M. of A.
DeSTEFANO -- 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 22 of part E of chapter 57 of the laws of 2019, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00075-02-1
A. 835 2
for the state fiscal year beginning April 1, 2016 through March 31,
2019, and for the state fiscal year beginning April 1, 2019 through
March 31, 2022, 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
inpatient 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.