senate Bill S4336A

2021-2022 Legislative Session

Relates to directing the commissioner of health to establish a direct patient care ratio reporting and rebate requirement for nursing homes

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 22, 2021 referred to health
delivered to assembly
passed senate
ordered to third reading cal.370
reported and committed to rules
Feb 17, 2021 print number 4336a
Feb 17, 2021 amend and recommit to health
Feb 03, 2021 referred to health

Votes

view votes

Feb 22, 2021 - Health committee Vote

S4336A
10
0
committee
10
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: Feb 22, 2021

Feb 22, 2021 - Rules committee Vote

S4336A
14
3
committee
14
Aye
3
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

S4336 - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L

S4336 - Summary

Directs the commissioner of health to establish a direct patient care ratio reporting and rebate requirement for nursing homes.

S4336 - Sponsor Memo

S4336 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4336
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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  directing  the
   commissioner  of  health  to  establish  a  direct  patient care ratio
   reporting and rebate requirement for nursing homes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 206 of the public health law is amended by adding a
 new subdivision 29 to read as follows:
   29.  (A)  THE COMMISSIONER SHALL ESTABLISH A DIRECT PATIENT CARE RATIO
 REPORTING AND REBATE REQUIREMENT, WHICH SHALL TAKE EFFECT NO LATER  THAN
 JULY  FIRST,  TWO  THOUSAND  TWENTY-ONE, PURSUANT TO WHICH NURSING HOMES
 SHALL  BE  REQUIRED  TO  REPORT  TO  THE  COMMISSIONER  TOTAL   REVENUES
 COLLECTED,  ALONG  WITH  THE  PORTION  OF  REVENUES THAT ARE EXPENDED ON
 DIRECT PATIENT CARE, STAFF WAGES, OTHER STAFF WAGES, TAXES,  ADMINISTRA-
 TIVE COSTS, INCLUDING BUT NOT LIMITED TO MANAGEMENT AGREEMENT AND STAFF-
 ING  AGENCY  CONTRACTS, INVESTMENTS IN IMPROVEMENTS TO THE STRUCTURE AND
 EQUIPMENT OF THE FACILITY, PROFITS, AND ANY OTHER FACTORS AS THE COMMIS-
 SIONER SHALL REQUIRE.
   (B) THE DIRECT PATIENT CARE RATIO SHALL  REQUIRE  SEVENTY  PERCENT  OR
 SUCH  HIGHER  PERCENTAGE AS THE COMMISSIONER MAY ESTABLISH BY REGULATION
 OF A FACILITY'S AGGREGATE REVENUE IN A FISCAL YEAR TO BE EXPENDED ON THE
 DIRECT CARE OF RESIDENTS. THE COMMISSIONER SHALL DETERMINE WHICH  COMPO-
 NENTS  OF THE REPORTING REQUIREMENTS SHALL BE ATTRIBUTABLE TO THE DIRECT
 PATIENT CARE RATIO, BUT  SHALL  NOT  INCLUDE  ADMINISTRATIVE  COSTS  AND
 PROFITS.  THE  COMMISSIONER  MAY  ADJUST  THE  COMPONENTS  OF THE DIRECT
 PATIENT CARE RATIO AS APPROPRIATE BASED ON CURRENT FINANCIAL INFORMATION
 REPORTED BY NURSING HOMES AND OVERALL PERFORMANCE BY  THE  NURSING  HOME
 RELATED TO PATIENT SAFETY, DIRECT PATIENT CARE STAFF RATIOS, AND QUALITY
 OF CARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02777-03-1

Co-Sponsors

view additional co-sponsors

S4336A (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L

S4336A (ACTIVE) - Summary

Directs the commissioner of health to establish a direct patient care ratio reporting and rebate requirement for nursing homes.

S4336A (ACTIVE) - Sponsor Memo

S4336A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4336--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  public health law, in relation to directing the
   commissioner of health  to  establish  a  direct  patient  care  ratio
   reporting and rebate requirement for nursing homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 206 of the public health law is amended by adding a
 new subdivision 29 to read as follows:
   29. (A) THE COMMISSIONER SHALL ESTABLISH A DIRECT PATIENT  CARE  RATIO
 REPORTING  AND REBATE REQUIREMENT, WHICH SHALL TAKE EFFECT NO LATER THAN
 JULY FIRST, TWO THOUSAND TWENTY-ONE, PURSUANT  TO  WHICH  NURSING  HOMES
 SHALL   BE  REQUIRED  TO  REPORT  TO  THE  COMMISSIONER  TOTAL  REVENUES
 COLLECTED, ALONG WITH THE PORTION  OF  REVENUES  THAT  ARE  EXPENDED  ON
 DIRECT  PATIENT CARE, STAFF WAGES, OTHER STAFF WAGES, TAXES, ADMINISTRA-
 TIVE COSTS, INCLUDING BUT NOT LIMITED TO MANAGEMENT AGREEMENT AND STAFF-
 ING AGENCY CONTRACTS, INVESTMENTS IN IMPROVEMENTS TO THE  STRUCTURE  AND
 EQUIPMENT OF THE FACILITY, REAL ESTATE COSTS, CAPITAL EXPENSES, PROFITS,
 AND ANY OTHER FACTORS AS THE COMMISSIONER SHALL REQUIRE.
   (B)  THE  DIRECT  PATIENT  CARE RATIO SHALL REQUIRE SEVENTY PERCENT OR
 SUCH HIGHER PERCENTAGE AS THE COMMISSIONER MAY ESTABLISH  BY  REGULATION
 OF A FACILITY'S AGGREGATE REVENUE IN A FISCAL YEAR TO BE EXPENDED ON THE
 DIRECT  CARE OF RESIDENTS.  IN ADDITION, FORTY PERCENT OF THE FACILITY'S
 AGGREGATE REVENUE, WHICH SHALL BE CONSIDERED PART  OF  THE  DIRECT  CARE
 COSTS,  SHALL BE EXPENDED ON STAFF WAGES AND BENEFITS, AND PURCHASED AND
 CONTRACTED STAFFING SERVICES.  FOR PURPOSES OF CALCULATING PURCHASED AND
 CONTRACTED STAFFING SERVICES, THE TOTAL NUMBER USED SHALL BE  DISCOUNTED
 AT  EIGHTY-FIVE  PERCENT  OF  THE  CONTRACTED OR PURCHASED AMOUNT.   THE
 COMMISSIONER SHALL DETERMINE WHICH COMPONENTS OF THE REPORTING  REQUIRE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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