NY State Senate Bill 2023-S7038

Senate Bill S7038

Vetoed By Governor

2023-2024 Legislative Session

Expands the residential health care for children with medical fragility in transition to young adults and young adults with medical fragility demonstration program

download bill text pdf

Current Bill Status - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2023	vetoed memo.145
Dec 12, 2023	delivered to governor
Jun 09, 2023	returned to senate passed assembly ordered to third reading rules cal.779 substituted for a7511
Jun 07, 2023	referred to health delivered to assembly passed senate ordered to third reading cal.1704 committee discharged and committed to rules
May 17, 2023	referred to health

Votes

- Jun 7, 2023 - Floor Vote
  S7038
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2023
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Griffo
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 7, 2023 - Rules Committee Vote
  S7038
  
  19
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2023
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (2)
      
      Griffo
      
      Stec

2023-S7038 (ACTIVE) - Details

See Assembly Version of this Bill:: A7511
Law Section:: Public Health Law
Laws Affected:: Amd §2808-e, Pub Health L

2023-S7038 (ACTIVE) - Summary

Expands the residential health care for children with medical fragility in transition to young adults and young adults with medical fragility demonstration program.

2023-S7038 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7038

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to expanding the
residential health care for children with medical fragility in transi-
tion to young adults and young adults with medical fragility demon-
stration program

 
PURPOSE OR GENERAL IDEA OF BILL:

Increases the current demonstration programs from two eligible pediatric
nursing homes to four eligible pediatric nursing homes

 
SUMMARY OF PROVISIONS:

Section 1 amends section 2808-e of the public health law to increase the
demonstration programs from two eligible pediatric nursing homes to
four, and defines eligible pediatric nursing home facilities.

Section 2 states the effective date.

 
JUSTIFICATION:

Given the advances in the medical care of children with medical fragili-
ty, children are living longer and typically require a broader range of
clinical support and medical interventions. Currently, more children
present with compromised respiratory insufficiency and the need for
ICU-level care that further distinguishes these facilities from that of
traditional skilled nursing facilities. The intensity of the needs of
this very fragile population has required additional services and inter-
ventions.

The FY 2021 enacted budget established a demonstration program for two
pediatric nursing homes to operate a young adult residential facility
for individuals between eighteen and thirty-five years of age with
medical fragility. The statute also provides that individuals over the
age of twenty-one, who have lived in an eligible pediatric nursing home
for at least thirty consecutive days can remain in the facility until
the age of thirty-five.

This bill seeks to amend the public health law by expanding the number
of qualifying facilities from two to four and the facility bed size from
160 beds to 120 beds. Doing so will allow the Sunshine Children's Home
and Rehabilitation Center, located in Ossining NY to participate in this
much needed pilot program.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 2808-e of the public health law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.

2023-S7038 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7038
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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  expanding  the
   residential health care for children with medical fragility in transi-
   tion  to  young  adults and young adults with medical fragility demon-
   stration program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 and paragraph (d) of subdivision 2 of section
 2808-e  of  the  public  health law, as added by section 1 of part MM of
 chapter 57 of the laws of 2021, are amended to read as follows:
   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  demon-
 stration  program  for  [two] FOUR eligible pediatric residential health
 care facilities, as defined in paragraph (d) of subdivision two of  this
 section,  to  construct  a new facility or repurpose part of an existing
 facility to operate as a young adult residential  health  care  facility
 for  the  purpose of improving the quality of care for young adults with
 medical fragility.
   (d) "eligible pediatric residential health care facilities" shall mean
 pediatric health care facilities that  meet  the  following  eligibility
 criteria  for  the demonstration program set forth in subdivision one of
 this section: (i) has over  one  hundred  [and  sixty]  TWENTY  licensed
 pediatric  beds; or (ii) is currently licensed for pediatric beds pursu-
 ant to this article, is co-operated by a system  of  hospitals  licensed
 pursuant  to this article, and such hospitals qualify for funds pursuant
 to a vital access provider assurance program or a  value  based  payment
 incentive  program, as administered by the department in accordance with
 all requirements set forth in the state's federal 1115  Medicaid  waiver
 standard terms and conditions.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11441-01-3

 S. 7038                             2
 
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 2808-e  of  the  public  health  law  made  by
 section  one of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.

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