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