STATE OF NEW YORK ________________________________________________________________________ 5997 2017-2018 Regular Sessions IN SENATE May 10, 2017 ___________ Introduced by Sen. CROCI -- 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 reserved bed days The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 25 of section 2808 of the public health law, as 2 amended by section 2 of part E of chapter 57 of the laws of 2017, is 3 amended to read as follows: 4 25. Reserved bed days. (a) For purposes of this subdivision, a 5 "reserved bed day" is a day for which a governmental agency pays a resi- 6 dential health care facility to reserve a bed for a person eligible for 7 medical assistance pursuant to title eleven of article five of the 8 social services law while he or she is temporarily hospitalized on 9 [~~therapeutic~~] leave of absence from the facility. 10 (b) Notwithstanding any other provisions of this section or any other 11 law or regulation to the contrary, for reserved bed days provided on 12 behalf of persons twenty-one years of age or older: 13 (i) payments for reserved bed days shall be made at ninety-five 14 percent of the Medicaid rate otherwise payable to the facility for 15 services provided on behalf of such person; [~~and~~] 16 (ii) payment to a facility for reserved bed days provided on behalf of 17 such person for temporary hospitalizations may not exceed fourteen days 18 in any twelve month period; and 19 (iii) payment to a facility for reserved bed days provided on behalf 20 of such person for [~~therapeutic~~] non-hospitalization leaves of absence 21 may not exceed ten days in any twelve month period. 22 (c)(i) Notwithstanding any contrary provision of this subdivision or 23 any other law and subject to the availability of federal financial 24 participation, with regard to services provided to residential health 25 care facility residents twenty-one years of age and older, the commis- 26 sioner shall promulgate regulations, and may promulgate emergency regu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11475-01-7

S. 5997 2 1 lations, effective for periods on and after July first, two thousand 2 twelve, establishing reimbursement rates for reserved bed days. 3 (ii) Such regulations shall, for each Medicaid patient for any twelve 4 month period, provide for reimbursement for reserved bed days for: (A) 5 up to an aggregate of fourteen days for hospitalizations and for other 6 therapeutic leaves for absence consistent with a plan of care ordered by 7 such patient's treating health care professional; and (B) up to an 8 aggregate of ten days of other leaves of absence. 9 (iii) No later than thirty days after promulgation of such regu- 10 lations, the commissioner shall advise the chairs of the senate finance 11 and health committees and the assembly ways and means and health commit- 12 tees of the projected reductions expected to be achieved under the meth- 13 odology set forth in such regulations. 14 (iv) In the event the commissioner determines, in consultation with 15 the director of the budget, that the regulations promulgated pursuant to 16 subparagraph (i) of this paragraph shall achieve projected aggregate 17 Medicaid savings, as determined by the commissioner, of less than forty 18 million dollars for the state fiscal year beginning April first, two 19 thousand twelve, and each state fiscal year thereafter, the commissioner 20 shall establish a prospective per diem rate adjustment for all nursing 21 homes, other than nursing homes providing services primarily to children 22 under the age of twenty-one, sufficient to achieve such forty million 23 dollars in savings for each such state fiscal year. 24 § 2. This act shall take effect immediately.

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