Assembly Bill A8944

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8944
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to providing a waiver
   for the nursing home occupancy calculation for certain years
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision 22-a of section 2808 of the public health law
 is amended by adding two new paragraphs (e) and (f) to read as follows:
   (E) NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW  OR  REGULATION
 TO THE CONTRARY, THE PROVISIONS OF PARAGRAPHS (C) AND (D) OF THIS SUBDI-
 VISION  SHALL  NOT APPLY WHERE A STATE DISASTER EMERGENCY, AS DEFINED IN
 SECTION TWENTY OF THE EXECUTIVE LAW, AFFECTING  THE  OCCUPANCY  OF  SUCH
 PROGRAM, OCCURS WITHIN SUCH TWO YEAR PERIOD.
   (F)  NOTWITHSTANDING  ANY INCONSISTENT PROVISIONS OF LAW OR REGULATION
 TO THE CONTRARY, A FAILURE TO ACHIEVE NINETY  PERCENT  OCCUPANCY  DURING
 THE  PERIOD  FROM JANUARY FIRST, TWO THOUSAND TWENTY TO DECEMBER THIRTY-
 FIRST, TWO THOUSAND TWENTY-ONE, SHALL NOT REDUCE THE REIMBURSEMENT  RATE
 FOR ANY RESIDENTIAL HEALTH CARE FACILITY.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14050-03-4