NY State Senate Bill 2023-S3317

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Jan 30, 2023	referred to health

co-Sponsors

2023-S3317 (ACTIVE) - Details

See Assembly Version of this Bill:: A6272
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2808, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2664
2021-2022: S2964

2023-S3317 (ACTIVE) - Summary

Relates to applying a special Medicaid rate for releasees in facilities or discrete units within facilities that provide long term nursing or medical services.

2023-S3317 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3317

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the public health law, in relation to applying a special
Medicaid rate for releasees in nursing homes

 
PURPOSE:

Authorizes a special Medicaid rate for nursing homes that accept elderly
releasees from state correctional facilities

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (e) of subdivision 2-b of section 2808 of the
public health law. Section 2 amends paragraph (c) of subdivision 2-c of
section 2808 of the public health law. Section 3 is the effective date.

 
JUSTIFICATION:

Nursing homes and skilled nursing care facilities should accept elderly
inmates whose medical conditions requires placement in a nursing home,
but it's understandable that such facilities may have some concern about
accepting a patient who is being released from a regional medical unit
in a state correctional facility. The concern may be related to securi-
ty, reputation, or special reentry needs of the individual that may
result in additional cost to the home. For these reasons this bill would
provide the same enhanced Medicaid rate to such facilities for accepting
such releasees as is currently provided when accepting persons with HIV,
traumatic brain injury or who require behavioral interventions. This
bill does not reward bad behavior by paying a special rate to a facility
that would otherwise discriminate against elderly persons because they
were convicted of a crime; rather, this bill incentivizes and compen-
sates facilities to accept our elderly parolees who are too frail, sick
or disabled to be released to anyplace other than a nursing home or
skilled nursing facility.

On any given day there are approximately several dozen inmates in
regional medical units in state correctional facilities who have
completed their terms of incarceration and who have been determined to
be safe to release but who continue to be held in prison regional
medical units for lack of a nursing home in which to place such person.
The Department of Corrections has five regional medical units with beds
that cost as much as $260K per year to house an elderly inmate. Inmates
often live in these units for years, occupying beds that are needed for
other inmates, because we cannot find a nursing home bed for them
outside of prison.

State correctional facilities have dozens of inmates in their 80's and
some in their early 90's. These facilities have units for inmates
suffering from Alzheimer's disease, units for inmates who are on daily
dialysis, units for wheelchair-bound inmates, and other specialized
units for inmates who are frail, chronically ill or physical-
ly,debilitated. We can't force a nursing home to take a sick and elderly
inmate, but we can incentivize their willingness and compensate them for
efforts. This bill will do exactly that

 
PRIOR LEGISLATIVE HISTORY:
S.2964 of 2021-22: Referrred to Health

S.2664 of 2019-20: Referred to Health

 
FISCAL IMPACT ON THE STATE:

To be determined

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.

2023-S3317 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3317
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced by Sens. SEPULVEDA, PARKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to applying a special
   Medicaid rate for releasees in nursing homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 2-b of  section  2808  of  the
 public  health  law,  as added by section 47 of part C of chapter 109 of
 the laws of 2006, is amended to read as follows:
   (e) For rate periods subsequent to two  thousand  nine  which  utilize
 reported  costs  from  a  base  year subsequent to two thousand two, the
 following categories of facilities, as established pursuant to  applica-
 ble  regulations,  shall receive rates that are no less than equivalent,
 as determined by the commissioner, to the rates that were in effect  for
 such  facilities  on  December  thirty-first,  two thousand six, trended
 forward for inflation to the applicable rate period: (A) AIDS facilities
 or discrete AIDS units within facilities, (B) discrete units  for  resi-
 dents receiving care in a long term inpatient rehabilitation program for
 traumatic brain injured persons, (C) discrete units for long term venti-
 lator  dependent  residents,  (D)  discrete  units providing specialized
 programs for residents requiring  behavioral  interventions,  [and]  (E)
 facilities  or  discrete  units within facilities that provide extensive
 nursing, medical, psychological and counseling support  services  solely
 to children, AND (F) FACILITIES OR DISCRETE UNITS WITHIN FACILITIES THAT
 PROVIDE LONG TERM NURSING OR MEDICAL SERVICES FOR PERSONS RETURNING FROM
 INCARCERATION.
   §  2.  Paragraph  (c) of subdivision 2-c of section 2808 of the public
 health law, as added by section 95 of part H of chapter 59 of  the  laws
 of 2011, is amended to read as follows:
   (c) The non-capital component of the rates for: (i) AIDS facilities or
 discrete AIDS units within facilities; (ii) discrete units for residents
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07954-01-3

 S. 3317                             2
 
 receiving care in a long-term inpatient rehabilitation program for trau-
 matic  brain injured persons; (iii) discrete units providing specialized
 programs for residents requiring behavioral interventions; (iv) discrete
 units for long-term ventilator dependent residents; [and] (v) facilities
 or  discrete  units  within  facilities  that provide extensive nursing,
 medical, psychological and counseling support services solely  to  chil-
 dren;  AND (VI) FACILITIES OR DISCRETE UNITS WITHIN FACILITIES PROVIDING
 LONG TERM NURSING OR MEDICAL SERVICES FOR PERSONS RETURNING FROM  INCAR-
 CERATION  shall reflect the rates in effect for such facilities on Janu-
 ary first, two thousand nine, as adjusted for inflation and rate appeals
 in accordance with applicable statutes,  provided,  however,  that  such
 rates  for  facilities  described  in subparagraph (i) of this paragraph
 shall reflect the application of the provisions  of  section  twelve  of
 part  D  of  chapter  fifty-eight  of the laws of two thousand nine, and
 provided further, however, that insofar  as  such  rates  reflect  trend
 adjustments for trend factors attributable to the two thousand eight and
 two  thousand  nine  calendar  years  the aggregate amount of such trend
 factor adjustments shall be subject to the provisions of section two  of
 part  D  of  chapter  fifty-eight  of  the laws of two thousand nine, as
 amended.
   § 3. This act shall take effect one year after it shall have become  a
 law.

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Senate Bill S3317

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2023-S3317 (ACTIVE) - Details

2023-S3317 (ACTIVE) - Summary

2023-S3317 (ACTIVE) - Sponsor Memo

2023-S3317 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3317

Share this bill

Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

Kevin S. Parker

2023-S3317 (ACTIVE) - Details

2023-S3317 (ACTIVE) - Summary

2023-S3317 (ACTIVE) - Sponsor Memo

2023-S3317 (ACTIVE) - Bill Text download pdf

Comments