Assembly Bill A9996

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9996
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced by M. of A. CAHILL -- read once and referred to the Committee
   on Health
 
 AN  ACT  to  amend  the  public health law, in relation to expanding the
   young adults with medical fragility demonstration program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions  1,  4 and 5 of section 2808-e of the public
 health law, as added by section 1 of part MM of chapter 57 of  the  laws
 of 2021, are amended to read as follows:
   1.  Notwithstanding  any law, rule, or regulation to the contrary, the
 commissioner shall, within  amounts  appropriated  and  subject  to  the
 availability  of  federal  financial  participation,  establish a demon-
 stration program for two  eligible  pediatric  residential  health  care
 facilities,  as  defined  in  paragraph  (d)  of subdivision two of this
 section, AND ANY ELIGIBLE RESIDENTIAL HEALTH CARE FACILITY,  AS  DEFINED
 IN  PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION, to construct a new
 facility or repurpose part of an existing facility to operate as a young
 adult residential health care facility for the purpose of improving  the
 quality of care for young adults with medical fragility.
   4.  Upon SELECTION OF AN ELIGIBLE RESIDENTIAL HEALTH CARE FACILITY FOR
 THE DEMONSTRATION PROGRAM, OR UPON receipt  of  a  certificate  of  need
 application  from an eligible pediatric residential health care facility
 selected by the commissioner for the  demonstration  program  authorized
 under  this section, the commissioner is authorized to approve, with the
 written approval of the public health and health planning council pursu-
 ant  to  section  twenty-eight  hundred  two  of   this   article,   the
 construction of a new residential health care facility to be constructed
 and  operated  on a parcel of land within the same county as that of THE
 eligible pediatric residential health care facility OR ELIGIBLE RESIDEN-
 TIAL HEALTH CARE FACILITY that is proposing such new facility  and  over
 which  it  will  have site control, or the repurposing of a portion of a
 residential health care facility that  is  currently  serving  geriatric
 residents  or  those  with  similar  needs for the provision of nursing,
 medical, psychological and counseling support  services  appropriate  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15279-01-2
 A. 9996                             2
 
 the  needs of nursing home-eligible young adults with medical fragility,
 referred to herein below as a young adult facility,  provided  that  the
 established  operator of such eligible pediatric residential health care
 facility  OR  ELIGIBLE  RESIDENTIAL  HEALTH  CARE FACILITY proposing the
 young adult facility is in good standing and, IF AN  ELIGIBLE  PEDIATRIC
 RESIDENTIAL CARE FACILITY possesses at least thirty years' prior experi-
 ence  operating  as  a pediatric residential health care facility in the
 state or more than thirty years' experience  serving  medically  fragile
 pediatric  patients,  [and provided further that such facility qualifies
 for the demonstration program set  forth  in  subdivision  one  of  this
 section] OR IF AN ELIGIBLE RESIDENTIAL HEALTH CARE FACILITY, SUCH FACIL-
 ITY  CAN  SATISFACTORILY DEMONSTRATE TO THE COMMISSIONER THAT IT HAS THE
 CAPABILITY TO MEET THE NEEDS OF MEDICALLY FRAGILE PEDIATRIC PATIENTS.
   5. A young adult facility established pursuant to subdivision four  of
 this  section  may  admit,  from the community-at-large or upon referral
 from an unrelated facility, young  adults  with  medical  fragility  who
 prior  to  reaching age twenty-one were children with medical fragility,
 and who are eligible for nursing home care  and  in  need  of  extensive
 nursing,   medical,   psychological  and  counseling  support  services,
 provided that [the] SUCH young adult facility, to promote continuity  of
 care,  undertakes  to  provide  priority  admission to young adults with
 medical fragility transitioning from the  pediatric  residential  health
 care  facility  or  unit  operated by the entity that proposed the young
 adult facility and ensure sufficient capacity to admit such young adults
 as they approach or attain twenty-one years of age.
   § 2. Subdivision 2 of section 2808-e of  the  public  health  law,  as
 added  by  section  1  of  part MM of chapter 57 of the laws of 2021, is
 amended by adding a new paragraph (e) to read as follows:
   (E) "ELIGIBLE RESIDENTIAL HEALTH CARE FACILITY" SHALL MEAN A  RESIDEN-
 TIAL  HEALTH CARE FACILITY THAT MEETS THE FOLLOWING ELIGIBILITY CRITERIA
 FOR THE DEMONSTRATION PROGRAM SET  FORTH  IN  SUBDIVISION  ONE  OF  THIS
 SECTION:  (I)  SUCH FACILITY WAS SELECTED AS A VENDOR PURSUANT TO PART A
 OR PART B OF THE DEPARTMENT'S REQUEST FOR PROPOSAL #16680,  AS  AMENDED,
 IMPLEMENTING  THE  "OPERATIONAL DESIGN OF YOUNG ADULT SPECIAL POPULATION
 PROGRAMS" AS ESTABLISHED PURSUANT TO SECTION FORTY-SEVEN OF  PART  B  OF
 CHAPTER  FIFTY-SEVEN  OF THE LAWS OF TWO THOUSAND FIFTEEN; AND (II) SUCH
 FACILITY HAS SUBMITTED A CERTIFICATE OF NEED APPLICATION FOR THE  ESTAB-
 LISHMENT  OF  A  YOUNG  ADULT UNIT REFLECTING THE OPERATIONAL DESIGN FOR
 WHICH SUCH FACILITY WAS SELECTED AS A VENDOR PURSUANT TO PARTS A OR B OF
 SUCH REQUEST FOR PROPOSAL.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  section  2808-e  of  the  public health law made by
 sections one and two of this act shall not  affect  the  expiration  and
 repeal  of  such section, and shall expire and be deemed repealed there-
 with.