The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9680
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the social services  law,  in  relation  to  authorizing
   payments  of  medical  assistance  funds  for long-term stays in large
   residential mental health institutions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The social services law is amended by adding a new section
 367-w to read as follows:
   § 367-W. PAYMENT FOR LARGE MENTAL  HEALTH  INSTITUTIONS.  1.  FOR  THE
 PURPOSE  OF  THIS SECTION, "LARGE RESIDENTIAL MENTAL HEALTH INSTITUTION"
 SHALL MEAN AN INSTITUTION FOR MENTAL DISEASES AS DEFINED  BY  42  CFR  §
 435.1010.
   2.  THE  COMMISSIONER  MAY AUTHORIZE THE PAYMENT OF MEDICAL ASSISTANCE
 FUNDS FOR LONG-TERM STAYS IN  LARGE  RESIDENTIAL  MENTAL  HEALTH  INSTI-
 TUTIONS. THE COMMISSIONER SHALL:
   (A) ISSUE GUIDANCE ON THE ADMISSION TO LARGE RESIDENTIAL MENTAL HEALTH
 INSTITUTIONS  FOR  BENEFICIARIES WHO ACCESS MENTAL HEALTH SERVICES UNDER
 THE MEDICAL ASSISTANCE PROGRAM; AND
   (B) DETERMINE MAXIMUM ALLOWABLE RATES  FOR  LARGE  RESIDENTIAL  MENTAL
 HEALTH  INSTITUTIONS  BASED UPON THE MEDICAL ASSISTANCE PROGRAM FEE-FOR-
 SERVICE INPATIENT RATES FOR THE SAME OR SIMILAR SERVICES, OR  ANY  OTHER
 DATA DEEMED RELIABLE AND RELEVANT BY THE COMMISSIONER.
   3.  NOTWITHSTANDING  SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER
 SHALL ONLY AUTHORIZE THE PAYMENT OF MEDICAL ASSISTANCE FUNDS  FOR  LONG-
 TERM  STAYS  IN  LARGE RESIDENTIAL MENTAL HEALTH INSTITUTIONS IF FEDERAL
 FINANCIAL PARTICIPATION IS AVAILABLE FOR MEDICAL ASSISTANCE EXPENDITURES
 MADE PURSUANT TO SUCH SUBDIVISION.
   4. WITHIN SIX MONTHS OF  THE  EFFECTIVE  DATE  OF  THIS  SECTION,  THE
 COMMISSIONER  OF  HEALTH  SHALL  PREPARE AND SUBMIT TO  THE CENTERS  FOR
 MEDICARE AND MEDICAID SERVICES AN APPLICATION FOR A WAIVER, PURSUANT  TO
 SECTION  1115  OF  THE SOCIAL SECURITY ACT,  42  USC  1315, TO ALLOW THE
 PAYMENT OF MEDICAL ASSISTANCE FUNDS FOR LONG-TERM STAYS IN LARGE  MENTAL
 HEALTH INSTITUTION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14656-02-2