Senate Bill S9392

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9392
 
                             I N  S E N A T E
 
                               March 9, 2026
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law, in relation to establishing  an
   assisted living program reimbursement pilot program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The social services law is amended by adding a new  section
 367-hh to read as follows:
   §  367-HH.  ASSISTED  LIVING  PROGRAM  REIMBURSEMENT PILOT PROGRAM. 1.
 ESTABLISHMENT OF A PILOT PROGRAM. THE COMMISSIONER  SHALL  ESTABLISH  AN
 ASSISTED  LIVING PROGRAM REIMBURSEMENT PILOT PROGRAM TO PROVIDE ENHANCED
 MEDICAID  REIMBURSEMENT  TO  QUALIFYING  ASSISTED  LIVING  PROGRAMS,  AS
 DEFINED IN SECTION FOUR HUNDRED SIXTY-ONE-L OF THIS CHAPTER.
   2. ELIGIBILITY. TO BE ELIGIBLE FOR PARTICIPATION IN THE PILOT PROGRAM,
 AN ASSISTED LIVING FACILITY SHALL:
   (A) EMPLOY NOT FEWER THAN FIFTY EMPLOYEES AT THE TIME OF APPLICATION;
   (B)  DEMONSTRATE  THAT  AT  LEAST  SEVENTY  PERCENT OF SUCH FACILITY'S
 EMPLOYEES VOLUNTARILY SELF-IDENTIFY AS BLACK, HISPANIC, OR ASIAN; AND
   (C) MAINTAIN AN AVERAGE ANNUAL OCCUPANCY RATE OF NOT LESS THAN  EIGHTY
 PERCENT,  CALCULATED  BASED UPON LICENSED BED CAPACITY DURING THE TWELVE
 MONTHS PRECEDING APPLICATION FOR AND  THROUGHOUT  PARTICIPATION  IN  THE
 PILOT PROGRAM.
   3.  PAYMENT  INCREASES.  IN ADDITION TO THE CAPITATED RATES OF PAYMENT
 ESTABLISHED PURSUANT TO  SECTION  THIRTY-SIX  HUNDRED  FOURTEEN  OF  THE
 PUBLIC HEALTH LAW FOR ASSISTED LIVING FACILITIES, ASSISTED LIVING FACIL-
 ITIES PARTICIPATING IN THE PILOT PROGRAM SHALL RECEIVE:
   (A)  A  FOUR  PERCENT  INCREASE  TO  SUCH  CAPITATED  RATE OF PAYMENT,
 INCREASING SUCH RATE FROM THIRTY-ONE PERCENT TO THIRTY-FIVE PERCENT  FOR
 THE FIRST YEAR OF PARTICIPATION IN THE PILOT PROGRAM;
   (B)  A  FIVE  PERCENT  INCREASE  TO  SUCH  CAPITATED  RATE OF PAYMENT,
 INCREASING SUCH RATE FROM THIRTY-FIVE PERCENT TO FORTY PERCENT  FOR  THE
 SECOND YEAR OF PARTICIPATION IN THE PILOT PROGRAM;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15161-01-6
 S. 9392                             2
              

 
   (C)  A FIVE PERCENT INCREASE OF THE NURSING HOME RATE, INCREASING SUCH
 RATE FROM FORTY PERCENT TO FORTY-FIVE PERCENT  FOR  THE  THIRD  YEAR  OF
 PARTICIPATION IN THE PILOT PROGRAM; AND
   (D)  A FIVE PERCENT INCREASE OF THE NURSING HOME RATE, INCREASING SUCH
 RATE FROM FORTY-FIVE PERCENT TO FIFTY PERCENT  FOR  THE  FIFTH  YEAR  OF
 PARTICIPATION IN THE PILOT PROGRAM AND THEREAFTER.
   4.  CERTIFICATION  AND  VERIFICATION.  (A)  ASSISTED LIVING FACILITIES
 PARTICIPATING IN THE PROGRAM SHALL SUBMIT AN ANNUAL CERTIFICATION TO THE
 DEPARTMENT OF HEALTH VERIFYING COMPLIANCE WITH SUBDIVISION TWO  OF  THIS
 SECTION.
   (B)  WORKFORCE  DEMOGRAPHIC  INFORMATION  SHALL  BE  COLLECTED THROUGH
 VOLUNTARY SELF-IDENTIFICATION AND SHALL NOT  BE  PUBLICLY  DISCLOSED  IN
 INDIVIDUALLY IDENTIFIABLE FORM.
   (C)  THE  COMMISSIONER MAY AUDIT PARTICIPATING ASSISTED LIVING FACILI-
 TIES TO ENSURE COMPLIANCE WITH THIS SECTION.
   5. NON-COMPLIANCE. A FACILITY THAT FAILS TO MAINTAIN  THE  ELIGIBILITY
 REQUIREMENTS  SET  FORTH  IN  THIS SECTION MAY BE REMOVED FROM THE PILOT
 PROGRAM AT THE DISCRETION OF THE COMMISSIONER.
   6. REPORTING. THE COMMISSIONER SHALL SUBMIT AN ANNUAL  REPORT  TO  THE
 GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
 ASSEMBLY, EVALUATING THE FISCAL IMPACT AND OUTCOMES OF THE PILOT PROGRAM
 AND PROVIDING RECOMMENDATIONS REGARDING CONTINUATION OR EXPANSION OF THE
 PILOT PROGRAM.
   § 2. This act shall take effect immediately.