The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6551
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by  M.  of  A. SOLAGES, THIELE, WOERNER, STECK, ENGLEBRIGHT,
   McDONOUGH, JEAN-PIERRE, LAVINE,  SMITH,  WEPRIN,  STERN,  FITZPATRICK,
   SAYEGH,  GUNTHER,  MORINELLO, GRIFFIN, HUNTER, CUSICK, FALL, D. ROSEN-
   THAL,  MANKTELOW,  BRAUNSTEIN,   RA,   ASHBY,   DeSTEFANO,   BRABENEC,
   PHEFFER AMATO,  MONTESANO,  BARRETT  -- Multi-Sponsored by -- M. of A.
   BLANKENBUSH, HAWLEY, HEVESI, RAMOS -- read once and  referred  to  the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring specific
   reserved  bed days for veterans, spouses of veterans, widows of veter-
   ans, Gold Star Parents and their dependents who are cared for  at  the
   New York State Veterans' 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  OR
 OTHERWISE  REQUIRES  a residential 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 therapeutic leaves of absence may not exceed ten days in
 any twelve month period.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03668-01-1

 A. 6551                             2
 
   (C)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
 LAW OR REGULATION TO THE CONTRARY, WITH RESPECT TO VETERANS, SPOUSES  OF
 VETERANS, WIDOWS OF VETERANS, GOLD STAR PARENTS AND THEIR DEPENDENTS WHO
 ARE  CARED  FOR  AT THE NEW YORK STATE VETERANS' HOME AT OXFORD, THE NEW
 YORK  STATE  VETERANS' HOME AT ST.  ALBANS, THE NEW YORK STATE VETERANS'
 HOME AT BATAVIA, THE NEW YORK STATE VETERANS' HOME AT MONTROSE  AND  THE
 LONG  ISLAND  STATE  VETERANS'  HOME  SUCH  FACILITIES SHALL ESTABLISH A
 RESERVE BED DAY POLICY NOT TO EXCEED TEN DAYS IN ANY TWELVE-MONTH PERIOD
 WHEN SUCH PERSONS ARE TEMPORARILY HOSPITALIZED OR ON  THERAPEUTIC  LEAVE
 OF ABSENCE.
   (I)  IN ORDER TO QUALIFY FOR COVERAGE OF RESERVED BED DAYS AS PROVIDED
 IN THIS PARAGRAPH:
   (A) THE PERSON MUST HAVE RESIDED IN  THE  APPLICABLE  STATE  VETERANS'
 HOME  FOR  AT  LEAST  THIRTY  DAYS  SINCE THE DATE OF HIS OR HER INITIAL
 ADMISSION; AND
   (B) THE PART OF THE FACILITY TO WHICH THE PERSON WILL RETURN MUST HAVE
 A VACANCY RATE OR NO MORE THAN FIVE PERCENT ON THE FIRST DAY THE  PERSON
 IS HOSPITALIZED OR ON THERAPEUTIC LEAVE OF ABSENCE.
   (II)  UNLESS MEDICALLY CONTRAINDICATED, THE APPLICABLE STATE VETERANS'
 HOME SHALL RESERVE THE SAME BED AND  ROOM  THE  PERSON  OCCUPIED  BEFORE
 BEING HOSPITALIZED OR PLACED ON THERAPEUTIC LEAVE OF ABSENCE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.  Effective immediately the addition, amendment and/or
 repeal of any rules and regulations necessary for the implementation  of
 this  act  on or before its effective date are authorized to be made and
 completed on or before such effective date.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6551--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by  M.  of  A. SOLAGES, THIELE, WOERNER, STECK, ENGLEBRIGHT,
   McDONOUGH, JEAN-PIERRE, LAVINE,  SMITH,  WEPRIN,  STERN,  FITZPATRICK,
   SAYEGH,  GUNTHER,  MORINELLO, GRIFFIN, HUNTER, CUSICK, FALL, D. ROSEN-
   THAL,  MANKTELOW,  BRAUNSTEIN,   RA,   ASHBY,   DeSTEFANO,   BRABENEC,
   PHEFFER AMATO,  MONTESANO,  BARRETT, GANDOLFO -- Multi-Sponsored by --
   M. of A. BLANKENBUSH, HAWLEY, HEVESI, RAMOS -- read once and  referred
   to  the  Committee on Health -- recommitted to the Committee on Health
   in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the public health law, in relation to requiring specific
   reserved bed days at the New York State Veterans' Homes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2808 of the public health law is amended by adding
 a new subdivision 25-a to read as follows:
   25-A. RESERVED BED DAYS FOR STATE VETERANS' HOMES. (A) FOR PURPOSES OF
 THIS SUBDIVISION, A "RESERVED BED DAY" IS A DAY FOR WHICH THE STATE PAYS
 NEW YORK STATE VETERANS' HOME AT OXFORD, THE NEW  YORK  STATE  VETERANS'
 HOME  AT  ST.  ALBANS, THE NEW YORK STATE VETERANS' HOME AT BATAVIA, THE
 NEW YORK STATE VETERANS' HOME AT  MONTROSE  OR  THE  LONG  ISLAND  STATE
 VETERANS'  HOME  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.
   (B)  (I) PAYMENTS FOR RESERVED BED DAYS SHALL BE MADE AT FIFTY PERCENT
 OF THE MEDICAID RATE OTHERWISE PAYABLE  TO  THE  FACILITY  FOR  SERVICES
 PROVIDED ON BEHALF OF THE PERSON.
   (II) PAYMENT TO A FACILITY FOR RESERVED BED DAYS PROVIDED ON BEHALF OF
 THE  PERSON  FOR TEMPORARY HOSPITALIZATIONS MAY NOT EXCEED FOURTEEN DAYS
 IN ANY TWELVE-MONTH PERIOD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03668-02-2
 A. 6551--A                          2

 
   (III) THE PERSON MUST HAVE RESIDED IN THE APPLICABLE  STATE  VETERANS'
 HOME  FOR  AT  LEAST  THIRTY  DAYS  SINCE THE DATE OF HIS OR HER INITIAL
 ADMISSION.
   (IV)  UNLESS MEDICALLY CONTRAINDICATED, THE APPLICABLE STATE VETERANS'
 HOME SHALL RESERVE THE SAME BED AND  ROOM  THE  PERSON  OCCUPIED  BEFORE
 BEING HOSPITALIZED OR PLACED ON A THERAPEUTIC LEAVE OF ABSENCE.
   (V)  RESERVED  BED  DAYS  UNDER  THIS  SUBDIVISION  ARE IN ADDITION TO
 RESERVE BED DAYS FOR THERAPEUTIC  LEAVE  OF  ABSENCE  UNDER  SUBDIVISION
 TWENTY-FIVE OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective  immediately  the  commissioner  of  health
 shall  make  regulations  and take other actions reasonably necessary to
 implement this act on that date.