S T A T E O F N E W Y O R K
________________________________________________________________________
7553--A
2023-2024 Regular Sessions
I N A S S E M B L Y
May 25, 2023
___________
Introduced by M. of A. PAULIN, SANTABARBARA, STIRPE, SEPTIMO, LUPARDO --
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 certain rates of
payment for services provided by assisted living programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 6 of section 3614 of the
public health law, as amended by section 4-a of part D of chapter 56 of
the laws of 2012, is amended to read as follows:
(a) The commissioner shall, subject to the approval of the state
director of the budget, establish capitated rates of payment for
services provided by assisted living programs as defined by paragraph
(a) of subdivision one of section four hundred sixty-one-l of the social
services law. Such rates of payment shall be related to costs incurred
by residential health care facilities. The rates shall reflect the wage
equalization factor established by the commissioner for residential
health care facilities in the region in which the assisted living
program is provided and real property capital construction costs associ-
ated with the construction of a free-standing assisted living program
such rate shall include a payment equal to the cost of interest owed and
depreciation costs of such construction. The rates shall also reflect
the efficient provision of a quality and quantity of services to
patients in such residential health care facilities, with needs compara-
ble to the needs of residents served in such assisted living programs.
Such rates of payment shall be equal to fifty percent of the amounts
which otherwise would have been expended, based upon the [mean prices]
COSTS for [the first of July, nineteen hundred ninety-two (utilizing
nineteen hundred eighty-three costs)] TWO THOUSAND TWENTY-THREE for
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11563-02-4
A. 7553--A 2
freestanding[, low intensity] residential health care facilities with
less than three hundred beds[, and for years subsequent to nineteen
hundred ninety-two,] adjusted for inflation in accordance with the
provisions of subdivision ten of section twenty-eight hundred seven-c of
this chapter, to provide the appropriate level of care for such resi-
dents in residential health care facilities in the applicable wage
equalization factor regions plus an amount equal to capital construction
costs associated with the construction of an assisted living program
facility as provided for in this subdivision. SUCH RATES OF PAYMENT
SHALL BE UPDATED TO REFLECT THE MOST CURRENT MEAN PRICE FOR FREE-STAND-
ING RESIDENTIAL HEALTH CARE FACILITIES WITH LESS THAN THREE HUNDRED BEDS
EACH TIME THAT THE COST BASIS OF RESIDENTIAL HEALTH CARE FACILITY RATES
IS UPDATED. The commissioner shall also promulgate regulations, and may
promulgate emergency regulations, to provide for reimbursement of the
cost of preadmission assessments conducted directly by assisted living
programs.
§ 2. This act shall take effect April 1, 2025.