S T A T E O F N E W Y O R K
________________________________________________________________________
1406
2025-2026 Regular Sessions
I N A S S E M B L Y
January 9, 2025
___________
Introduced by M. of A. PAULIN, SANTABARBARA, STIRPE, SEPTIMO, LUPARDO,
MANKTELOW -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to certain rates of
payment for services provided by assisted living programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 6 of section 3614 of the
public health law, as amended by section 4-a of part D of chapter 56 of
the laws of 2012, is amended to read as follows:
(a) The commissioner shall, subject to the approval of the state
director of the budget, establish capitated rates of payment for
services provided by assisted living programs as defined by paragraph
(a) of subdivision one of section four hundred sixty-one-l of the social
services law. Such rates of payment shall be related to costs incurred
by residential health care facilities. The rates shall reflect the wage
equalization factor established by the commissioner for residential
health care facilities in the region in which the assisted living
program is provided and real property capital construction costs associ-
ated with the construction of a free-standing assisted living program
such rate shall include a payment equal to the cost of interest owed and
depreciation costs of such construction. The rates shall also reflect
the efficient provision of a quality and quantity of services to
patients in such residential health care facilities, with needs compara-
ble to the needs of residents served in such assisted living programs.
Such rates of payment shall be equal to fifty percent of the amounts
which otherwise would have been expended, based upon the [mean prices]
COSTS for [the first of July, nineteen hundred ninety-two (utilizing
nineteen hundred eighty-three costs)] TWO THOUSAND TWENTY-FOUR for free-
standing[, low intensity] residential health care facilities with less
than three hundred beds[, and for years subsequent to nineteen hundred
ninety-two,] adjusted for inflation in accordance with the provisions of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03247-01-5
A. 1406 2
subdivision ten of section twenty-eight hundred seven-c of this chapter,
to provide the appropriate level of care for such residents in residen-
tial health care facilities in the applicable wage equalization factor
regions plus an amount equal to capital construction costs associated
with the construction of an assisted living program facility as provided
for in this subdivision. SUCH RATES OF PAYMENT SHALL BE UPDATED TO
REFLECT THE MOST CURRENT MEAN PRICE FOR FREE STANDING RESIDENTIAL HEALTH
CARE FACILITIES WITH LESS THAN THREE HUNDRED BEDS EACH TIME THAT THE
COST BASIS OF RESIDENTIAL HEALTH CARE FACILITY RATES IS UPDATED. The
commissioner shall also promulgate regulations, and may promulgate emer-
gency regulations, to provide for reimbursement of the cost of preadmis-
sion assessments conducted directly by assisted living programs.
§ 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.