S T A T E O F N E W Y O R K
________________________________________________________________________
3195
2025-2026 Regular Sessions
I N S E N A T E
January 24, 2025
___________
Introduced by Sen. FERNANDEZ -- 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 rates of hospital
reimbursement for facilities designated by the federal department of
health and human services as exempt extended neoplastic disease care
hospitals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (e-2) of subdivision 4 of section 2807-c of the
public health law is amended by adding a new subparagraph (iv-a) to read
as follows:
(IV-A) FOR FACILITIES DESIGNATED BY THE FEDERAL DEPARTMENT OF HEALTH
AND HUMAN SERVICES AS EXEMPT EXTENDED NEOPLASTIC DISEASE CARE HOSPITALS
AS OF DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, FOR WHICH A
DISCRETE INSTITUTIONAL COST REPORT WAS FILED FOR THE TWO THOUSAND TWEN-
TY-THREE CALENDAR YEAR, SHALL BE DETERMINED IN ACCORDANCE WITH THE
FOLLOWING:
(A) THE OPERATING COST COMPONENT OF SUCH RATES SHALL REFLECT THE USE
OF TWO THOUSAND TWENTY-THREE OPERATING COSTS AS REPORTED BY EACH FACILI-
TY TO THE DEPARTMENT AND ADJUSTED FOR INFLATION PURSUANT TO PARAGRAPH
(C) OF SUBDIVISION TEN OF THIS SECTION, AS OTHERWISE MODIFIED BY ANY
APPLICABLE STATUTES, AND AS FURTHER ADJUSTED AS THE COMMISSIONER DEEMS
APPROPRIATE, INCLUDING TRANSITION ADJUSTMENTS. SUCH RATES SHALL BE
DETERMINED ON A PER CASE BASIS OR PER DIEM BASIS, AS SET FORTH IN REGU-
LATIONS PROMULGATED BY THE COMMISSIONER.
(B) THE OPERATING COMPONENT OF OUTPATIENT SPECIALTY RATES OF HOSPITALS
SUBJECT TO THIS SUBPARAGRAPH SHALL REFLECT THE USE OF TWO THOUSAND TWEN-
TY-THREE OPERATING COSTS AS REPORTED TO THE DEPARTMENT PRIOR TO DECEMBER
FIRST, TWO THOUSAND TWENTY-FOUR, AND SHALL INCLUDE SUCH ADJUSTMENTS AS
THE COMMISSIONER DEEMS APPROPRIATE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05771-01-5
S. 3195 2
(C) THE BASE PERIOD REPORTED OPERATING COSTS USED TO ESTABLISH INPA-
TIENT AND OUTPATIENT RATES DETERMINED PURSUANT TO THIS SUBPARAGRAPH
SHALL BE UPDATED NO LESS FREQUENTLY THAN THREE YEARS AND THE HOSPITAL
SHALL SUBMIT SUCH ADDITIONAL DATA AS THE COMMISSIONER MAY REQUIRE TO
ASSIST IN THE DEVELOPMENT OF AMBULATORY PATIENT GROUPS (APGS) RATES FOR
SUCH HOSPITALS' OUTPATIENT SPECIALTY SERVICES.
(D) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY AND
SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, SERVICES
PROVIDED BY SUCH FACILITIES TO PATIENTS ENROLLED IN MEDICAID MANAGED
CARE SHALL BE PAID BY THE MEDICAID MANAGED CARE PLANS AT NO LESS THAN
THE OTHERWISE APPLICABLE MEDICAID FEE-FOR-SERVICES RATES FOR INPATIENT
AND OUTPATIENT SERVICES.
§ 2. This act shall take effect April 1, 2025. Effective immediately
the commissioner of health or their designees shall make such rules and
regulations, and seek any federal approvals necessary, to fully imple-
ment this act on or before such effective date.