S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10189
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  establishing  an
   advanced residential health care for aging adults with medical fragil-
   ity demonstration program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2808-f to read as follows:
   §  2808-F.  ADVANCED  RESIDENTIAL HEALTH CARE FOR AGING ADULTS MEDICAL
 FRAGILITY DEMONSTRATION PROGRAM. 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  DEMONSTRATION  PROGRAM  FOR ELIGIBLE ADULT
 RESIDENTIAL HEALTH CARE FACILITIES,  AS  DEFINED  IN  PARAGRAPH  (C)  OF
 SUBDIVISION  TWO  OF THIS SECTION, TO CONSTRUCT A NEW FACILITY OR REPUR-
 POSE PART OF AN EXISTING FACILITY TO OPERATE  AS  AN  ADULT  RESIDENTIAL
 HEALTH  CARE  FACILITY  FOR THE PURPOSE OF IMPROVING THE QUALITY OF CARE
 FOR AGING ADULTS WITH MEDICAL FRAGILITY.
   2. FOR PURPOSES OF THIS SECTION:
   (A) "AGING ADULTS WITH MEDICAL FRAGILITY" SHALL MEAN ADULTS  FROM  AGE
 THIRTY-FIVE  TO END OF LIFE WHO HAVE A CHRONIC DEBILITATING CONDITION OR
 CONDITIONS, ARE AT RISK OF HOSPITALIZATION, ARE TECHNOLOGY-DEPENDENT FOR
 LIFE OR HEALTH SUSTAINING FUNCTIONS, REQUIRE COMPLEX MEDICATION REGIMENS
 OR MEDICAL INTERVENTIONS TO MAINTAIN OR TO IMPROVE THEIR HEALTH  STATUS,
 AND/OR  ARE  IN  NEED  OF  ONGOING ASSESSMENT OR INTERVENTION TO PREVENT
 SERIOUS DETERIORATION OF THEIR HEALTH STATUS  OR  MEDICAL  COMPLICATIONS
 THAT PLACE THEIR LIFE, HEALTH OR DEVELOPMENT AT RISK.
   (B)  "ADULT RESIDENTIAL HEALTH CARE FACILITY" SHALL MEAN A RESIDENTIAL
 HEALTH CARE FACILITY OR DISCRETE  UNIT  OF  A  RESIDENTIAL  HEALTH  CARE
 FACILITY PROVIDING SERVICES TO ADULTS OVER THE AGE OF THIRTY-FIVE.
   (C)  "ELIGIBLE  ADULT  RESIDENTIAL  HEALTH CARE FACILITIES" SHALL MEAN
 ADULT HEALTH CARE FACILITIES THAT MEET THE FOLLOWING ELIGIBILITY  CRITE-
 RIA  FOR  THE DEMONSTRATION PROGRAM SET FORTH IN SUBDIVISION ONE OF THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD15463-01-4
 A. 10189                            2
 
 SECTION:  (I) HAS OVER ONE HUNDRED TEN ADULT BEDS LICENSED UNDER ARTICLE
 SIXTEEN OF THIS CHAPTER; OR (II) IS CURRENTLY LICENSED  FOR  ADULT  BEDS
 PURSUANT  TO  ARTICLE  SIXTEEN  OF  THIS CHAPTER, IS LICENSED TO PROVIDE
 DIAGNOSTIC  AND  TREATMENT SERVICES PURSUANT TO THIS ARTICLE, AND QUALI-
 FIES FOR FUNDS PURSUANT TO A VITAL ACCESS PROVIDER ASSURANCE PROGRAM  OR
 A  VALUE BASED PAYMENT INCENTIVE PROGRAM, AS ADMINISTERED BY THE DEPART-
 MENT IN ACCORDANCE WITH ALL REQUIREMENTS SET FORTH IN THE STATE'S FEDER-
 AL 1115 MEDICAID WAIVER STANDARD TERMS AND CONDITIONS.
   3. UPON RECEIPT OF A CERTIFICATE OF NEED APPLICATION FROM AN  ELIGIBLE
 ADULT  RESIDENTIAL HEALTH CARE FACILITY SELECTED BY THE COMMISSIONER FOR
 THE DEMONSTRATION PROGRAM AUTHORIZED UNDER THIS SECTION, THE COMMISSION-
 ER IS AUTHORIZED TO APPROVE, WITH THE WRITTEN  APPROVAL  OF  THE  PUBLIC
 HEALTH  AND  HEALTH  PLANNING  COUNCIL  PURSUANT 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 AN ELIGIBLE ADULT  RESIDENTIAL  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, PSYCHO-
 LOGICAL AND COUNSELING SUPPORT SERVICES  APPROPRIATE  TO  THE  NEEDS  OF
 NURSING  HOME-ELIGIBLE ADULTS WITH MEDICAL FRAGILITY, REFERRED TO HEREIN
 BELOW AS AN AGING ADULT FACILITY, PROVIDED THAT THE ESTABLISHED OPERATOR
 OF SUCH ELIGIBLE ADULT RESIDENTIAL HEALTH CARE  FACILITY  PROPOSING  THE
 AGING  ADULT  FACILITY  IS IN GOOD STANDING AND POSSESSES AT LEAST FORTY
 YEARS' PRIOR EXPERIENCE OPERATING AS AN ADULT  RESIDENTIAL  HEALTH  CARE
 FACILITY  IN  THE  STATE  OR  MORE  THAN FORTY YEARS' EXPERIENCE SERVING
 MEDICALLY FRAGILE ADULT PATIENTS, AND PROVIDED FURTHER THAT SUCH FACILI-
 TY QUALIFIES FOR THE DEMONSTRATION PROGRAM SET FORTH IN SUBDIVISION  ONE
 OF THIS SECTION.
   4.  AN  AGING ADULT FACILITY ESTABLISHED PURSUANT TO SUBDIVISION THREE
 OF THIS SECTION MAY ADMIT, FROM THE COMMUNITY-AT-LARGE OR UPON  REFERRAL
 FROM  AN  UNRELATED  FACILITY,  AGING ADULTS WITH MEDICAL FRAGILITY WHO,
 PRIOR TO REACHING  AGE  THIRTY-FIVE,  WERE  YOUNG  ADULTS  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 AGING ADULT FACILITY, TO PROMOTE CONTINUITY
 OF CARE, UNDERTAKES TO PROVIDE PRIORITY ADMISSION TO AGING  ADULTS  WITH
 MEDICAL  FRAGILITY  TRANSITIONING  FROM THE PEDIATRIC RESIDENTIAL HEALTH
 CARE FACILITY OR UNIT OPERATED BY THE ENTITY  THAT  PROPOSED  THE  AGING
 ADULT  FACILITY  AND  ENSURE SUFFICIENT CAPACITY TO ADMIT SUCH ADULTS AS
 THEY ATTAIN THIRTY-FIVE YEARS OF AGE.
   5. (A) FOR INPATIENT  SERVICES  PROVIDED  TO  ANY  AGING  ADULTS  WITH
 MEDICAL  FRAGILITY  ELIGIBLE  FOR  MEDICAL  ASSISTANCE PURSUANT TO TITLE
 ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW RESIDING AT ANY ELIGI-
 BLE RESIDENTIAL HEALTH CARE FACILITY AS AUTHORIZED IN SUBDIVISION  THREE
 OF  THIS  SECTION, THE COMMISSIONER SHALL ESTABLISH THE OPERATING COMPO-
 NENT OF RATES OF REIMBURSEMENT APPROPRIATE FOR AGING ADULTS WITH MEDICAL
 FRAGILITY RESIDING AT AN ADULT  RESIDENTIAL  HEALTH  CARE  FACILITY,  TO
 APPLY TO SUCH ADULTS THIRTY-FIVE YEARS OF AGE OR OLDER. SUCH METHODOLOGY
 SHALL  TAKE INTO ACCOUNT THE METHODOLOGY USED TO ESTABLISH THE OPERATING
 COMPONENT OF THE RATES PURSUANT TO SECTION TWENTY-EIGHT HUNDRED EIGHT OF
 THIS ARTICLE FOR  ADULT  RESIDENTIAL  HEALTH  CARE  FACILITIES  WITH  AN
 INCREASE  OR  DECREASE  ADJUSTMENT  AS  APPROPRIATE  TO  ACCOUNT FOR ANY
 DISCRETE EXPENSES ASSOCIATED WITH CARING FOR AGING ADULTS  WITH  MEDICAL
 A. 10189                            3
 
 FRAGILITY, INCLUDING ADDRESSING THEIR DISTINCT NEEDS AS AGING ADULTS FOR
 MEDICAL AND PSYCHOLOGICAL SUPPORT SERVICES.
   (B)  FOR  INPATIENT SERVICES PROVIDED TO ANY AGING ADULTS WITH MEDICAL
 FRAGILITY ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO  TITLE  ELEVEN  OF
 ARTICLE  FIVE  OF THE SOCIAL SERVICES LAW AT ANY YOUNG ADULT FACILITY AS
 AUTHORIZED IN SECTION TWENTY-EIGHT HUNDRED EIGHT-E OF THIS ARTICLE,  THE
 COMMISSIONER  SHALL  ESTABLISH  THE  OPERATING  COMPONENT  OF  RATES  OF
 REIMBURSEMENT APPROPRIATE FOR ADULTS WITH MEDICAL FRAGILITY. SUCH  METH-
 ODOLOGY  SHALL  TAKE  INTO ACCOUNT THE METHODOLOGY USED TO ESTABLISH THE
 OPERATING COMPONENT  OF  THE  RATES  PURSUANT  TO  SECTION  TWENTY-EIGHT
 HUNDRED  EIGHT  OF  THIS ARTICLE FOR YOUNG ADULT RESIDENTIAL HEALTH CARE
 FACILITIES WITH AN INCREASE OR DECREASE  ADJUSTMENT  AS  APPROPRIATE  TO
 ACCOUNT  FOR  ANY  DISCRETE  EXPENSES  ASSOCIATED  WITH CARING FOR AGING
 ADULTS WITH MEDICAL FRAGILITY, INCLUDING ADDRESSING THEIR DISTINCT NEEDS
 AS AGING ADULTS FOR MEDICAL AND PSYCHOLOGICAL SERVICES.
   6. THE COMMISSIONER SHALL HAVE AUTHORITY TO WAIVE ANY  RULE  OR  REGU-
 LATION  TO  EFFECTUATE  THE DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION.
   § 2. This act shall take effect immediately.