NY State Senate Bill 2023-S6570

Senate Bill S6570

2023-2024 Legislative Session

Relates to updating rate components for the non-capital component of rates of payment by governmental agencies for inpatient services provided by residential health care facilities

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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
Apr 27, 2023	referred to health

co-Sponsors

2023-S6570 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2808, Pub Health L

2023-S6570 (ACTIVE) - Summary

Relates to requiring rate components for the non-capital component of rates of payment by governmental agencies for inpatient services provided by residential health care facilities to be updated no later than 1/1/2025, and every 5 years thereafter using the most currently available cost report data.

2023-S6570 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6570

SPONSOR: ASHBY
 
TITLE OF BILL:

An act to amend the public health law, in relation to updating rate
components for the non-capital component of rates of payment by govern-
mental agencies for inpatient services provided by residential health
care facilities

 
PURPOSE:

To require a rebasing of Medicaid by 2025, and every 5 years thereafter.

 
SUMMARY OF PROVISIONS:

Section 1

Section 2 sets the effective date as immediate and that shall be deemed
to have been in full force and effect on and after April 1, 2023.

JUSTIFICATION:

Medicaid rates have not been updated for inflation since 2007, despite
the costs to care for residents rising by 42%. This widening gap between
costs and Medicaid reimbursement is threatening the survival of high-
quality nursing homes and their ability to compete for staff.  Further,
it is threatening access to necessary care for older New Yorkers seeking
nursing home placement and contributing to hospital gridlock.

A simple increase is not going to be enough to make up the Medicaid
reimbursement shortfall. Rather, the Medicaid rate needs to be rabasedTo
solve the root of the problem, the State must commit to updating nursing
home Medicaid rates -"rebasing"- every 5 years to better reflect current
costs. This would be a critical first step to enabling nursing homes to
hire more staff, open more beds, reduce waitlists for care, alleviate
hospital gridlock, and ensure the financial viability of high-quality,
non-profit nursing homes.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately, and shall be deemed to have been in full force and effect
on and after April 1, 2023

2023-S6570 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6570
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2023
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- 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  updating  rate
   components  for  the  non-capital  component  of  rates  of payment by
   governmental agencies for inpatient services provided  by  residential
   health care facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) 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:
   (a)  Notwithstanding any inconsistent provision of this section or any
 other contrary provision of law  and  subject  to  the  availability  of
 federal  financial  participation, the non-capital component of rates of
 payment by governmental agencies  for  inpatient  services  provided  by
 residential  health care facilities on or after October first, two thou-
 sand eleven, but no later than January first, two thousand twelve, shall
 reflect a direct statewide price component, and indirect statewide price
 component, and a facility specific non-comparable  component,  utilizing
 allowable  operating  costs for a base year as determined by the commis-
 sioner by regulation. Such rate components shall be periodically updated
 to reflect changes in operating costs. PROVIDED, HOWEVER, THAT SUCH RATE
 COMPONENTS SHALL BE UPDATED NO LATER THAN JANUARY  FIRST,  TWO  THOUSAND
 TWENTY-FIVE AND NO LESS THAN EVERY FIVE YEARS THEREAFTER, USING THE MOST
 CURRENTLY  AVAILABLE  COST  REPORT DATA, WHICH UPDATES SHALL INCLUDE BUT
 NOT BE LIMITED TO AN UPDATE OF RATE COMPONENTS TO  REFLECT  ACTUAL  BASE
 YEAR COSTS.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2023.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11035-01-3

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Senate Bill S6570

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Sponsored By

Jacob Ashby