What's happening
This bill enacts various amendments to New York health, mental hygiene, social services, and education laws to implement the 2018-2019 state fiscal plan, including Medicaid reforms, provider regulations, service expansions, and program extensions.
Why it matters
Medicaid Payment and Service Changes. The bill makes significant changes to Medicaid payment rates and methodologies, including increased reimbursement for certain facilities, stricter quality-based payment reductions for low-performing nursing homes, and new requirements for reporting direct care costs. These changes could impact the financial viability of health providers, long-term care access, and the quality of care for Medicaid recipients.
Expansion and Regulation of Home and Community-Based Services. The legislation imposes new limits on the number of home care agency contracts, enacts a registration requirement and moratorium for new home care agencies, and expands demonstration waivers for integrated and community-based care. This could affect the availability and continuity of home care services, especially in underserved areas, and may drive industry consolidation or workforce changes.
Access to Services and Population Health. Provisions expand the number of assisted living beds (with a focus on Medicaid recipients), create programs to subsidize assisted living for people with dementia not eligible for Medicaid, and direct studies on burn care and rural service availability. These measures address gaps in access for vulnerable populations, including the elderly, rural residents, and those with disabilities.
Drug Pricing and Opioid Policy. The bill strengthens the state’s Medicaid drug cap program with new transparency, reporting, and rebate negotiation rules, and requires written treatment plans for long-term opioid prescriptions—excluding some critical care scenarios. This could help contain Medicaid drug costs, increase oversight of pharmaceutical pricing, and address opioid misuse, which affects both public health outcomes and taxpayer spending.
Extension and Oversight of Health Programs. A series of temporary program extensions (e.g., Medicaid global cap, malpractice insurance pools, managed care demonstration waivers) provide continuity for critical health and mental health initiatives. However, repeatedly extending rather than reforming these programs can delay structural changes and long-term planning in the state’s health system.
Workforce and Professional Practice Clarifications. The bill clarifies what activities must be conducted by licensed professionals in mental health, social work, and psychology, and creates exemptions for certain workers in state-licensed or funded programs. This responds to ongoing concerns about workforce shortages and regulatory burdens but could shift how services are delivered and who is eligible to provide them in public programs.
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History
- Substituted by S7507C
- Rules report cal.21
- Reported
- Reported referred to rules
- Print number 9507c
- Amend (t) and recommit to ways and means
- Print number 9507b
- Amend (t) and recommit to ways and means
- Print number 9507a
- Amend (t) and recommit to ways and means
- Referred to ways and means
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Set State Health Budget Rules
Signed by Governor
Full text
95 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 7507--C A. 9507--C
SENATE - ASSEMBLY
January 18, 2018
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to rate methodology for capital expenditures to hospitals and residential nursing facilities; to amend the social services law, in relation to standard coverage for physical therapy services under medical… Show allHide
AN ACT to amend the public health law, in relation to rate methodology for capital expenditures to hospitals and residential nursing facilities; to amend the social services law, in relation to standard coverage for physical therapy services under medical assistance for needy persons programs; to direct a review of the feasibility of a burn center in Kings county; and in relation to rates of reimbursement for certain residential health care facilities (Part A); to amend the public health law, in relation to payments to residential health care facilities; to amend the social services law and the public health law, in relation to assisted living program providers licensed in the state; to amend the social services law, in relation to payments for certain medical assistance provided to eligible persons participating in the New York traumatic brain injury waiver program; to amend the public health law, in relation to limitations on licensed home care service agency contracts and registration of licensed home care services agencies; to amend the social services law, in relation to advertising by fiscal intermediaries; and in relation to medicaid reimbursement rates for hospice providers (Part B); to amend the social services law and the public health law, in relation to health homes and penalties for managed care providers (Part C); to amend the [ ] is old law to be omitted.
S. 7507--C 2 A. 9507--C social services law and the public health law, in relation to drug coverage, updating the professional dispensing fee and copayments; and in relation to the Medicaid drug cap (Part D); intentionally omitted (Part E); intentionally… Show allHide
S. 7507--C 2 A. 9507--C social services law and the public health law, in relation to drug coverage, updating the professional dispensing fee and copayments; and in relation to the Medicaid drug cap (Part D); intentionally omitted (Part E); intentionally omitted (Part F); intentionally omitted (Part G); intentionally omitted (Part H); intentionally omitted (Part I); to amend the state finance law, in relation to the false claims act (Part J); to amend the public health law and the social services law in relation to home care services and direct care costs; and to amend chapter 59 of the laws of 2011 amending the public health law and other laws relating to known and projected department of health state fund medicaid expenditures, in relation to extending the medicaid global cap (Part K); intentionally omitted (Part L); to amend chapter
266 of the laws of 1986, amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, in relation to apportioning premium for certain policies; to amend part J of chapter 63 of the laws of 2001 amending… Show allHide
266 of the laws of 1986, amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, in relation to apportioning premium for certain policies; to amend part J of chapter 63 of the laws of 2001 amending chapter 266 of the laws of 1986, amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, relating to the effectiveness of certain provisions of such chapter, in relation to extending certain provisions concerning the hospital excess liability pool; and to amend part H of chapter 57 of the laws of 2017, amending the New York Health Care Reform Act of 1996 and other laws relating to extending certain provisions relating thereto, in relation to extending provisions relating to excess coverage (Part M); to amend part C of chapter 57 of the laws of 2006, establishing a cost of living adjustment for designated human services, in relation to the determination thereof; and to repeal certain provisions thereof relating to eligible programs (Part N); intentionally omitted (Part O); intentionally omitted (Part P); to amend the public health law, in relation to the health care facility transformation program (Part Q); intentionally omitted (Part R); intentionally omitted (Subpart A); to amend the public health law and the mental hygiene law, in relation to integrated services (Subpart B); and to amend the public health law, in relation to the definitions of telehealth, and to amend the social services law, in relation to payment for telehealh services and remote patient monitoring and to repeal certain provisions of the public health law relating thereto (Subpart C)(Part S); to amend chapter 59 of the laws of 2016, amending the social services law and other laws relating to authorizing the commissioner of health to apply federally established consumer price index penalties for generic drugs, and authorizing the commissioner of health to impose penalties on managed care plans for reporting late or incorrect encounter data, in relation to the effectiveness of certain provisions of such chapter; to amend chapter 58 of the laws of 2007, amending the social services law and other laws relating to adjustments of rates, in relation to the effectiveness of certain provisions of such chapter; to amend chapter 54 of the laws of 2016, amending part C of chapter 58 of the laws of 2005 relating to authorizing reimbursements for expenditures made by or on behalf of social services districts for medical assistance for needy persons and administration thereof, in relation to the effectiveness thereof; to amend chapter 906 of the laws of 1984, amending the social services law relating to expanding medical assistance eligibility and the scope of services available to certain persons with disabilities, in relation to the effectiveness thereof; to amend chapter 56 of the laws of 2013, amending chapter 59 of the laws of 2011 amending the public health law and other laws relating to general hospital
S. 7507--C 3 A. 9507--C reimbursement for annual rates relating to the cap on local Medicaid expenditures, in relation to rates of payments; to amend the social services law, in relation to agreements with pharmaceutical manufacturers; to amend part B of… Show allHide
S. 7507--C 3 A. 9507--C reimbursement for annual rates relating to the cap on local Medicaid expenditures, in relation to rates of payments; to amend the social services law, in relation to agreements with pharmaceutical manufacturers; to amend part B of chapter 57 of the laws of 2015, amending the social services law and other laws relating to supplemental rebates, in relation to the effectiveness thereof; and to amend the public health law, in relation to participation and membership in a demonstration period (Part T); to amend part NN of chapter 58 of the laws of 2015, amending the mental hygiene law relating to clarifying the authority of the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs, in relation to the effectiveness thereof (Part U); to amend chapter 62 of the laws of 2003, amending the mental hygiene law and the state finance law relating to the community mental health support and workforce reinvestment program, the membership of subcommittees for mental health of community services boards and the duties of such subcommittees and creating the community mental health and workforce reinvestment account, in relation to extending such provisions relating thereto (Part V); intentionally omitted (Part W); to amend chapter 111 of the laws of 2010, amending the mental hygiene law relating to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene, in relation to the effectiveness thereof (Part X); to amend the education law, in relation to persons practicing in certain licensed programs or services who are exempt from practice requirements of professionals licensed by the department of education; to amend chapter 420 of the laws of 2002, amending the education law relating to the profession of social work, in relation to extending the expiration of certain provisions thereof; to amend chapter 676 of the laws of 2002, amending the education law relating to the practice of psychology, in relation to extending the expiration of certain provisions; and to amend chapter 130 of the laws of 2010, amending the education law and other laws relating to the registration of entities providing certain professional services and licensure of certain professions, in relation to extending certain provisions thereof (Part Y); to amend the social services law, in relation to adding demonstration waivers to waivers allowable for home and community-based services; to amend the social services law, in relation to adding successor federal waivers to waivers granted under subsection (c) of section 1915 of the federal social security law, in relation to nursing facility services; to amend the social services law, in relation to waivers for high quality and integrated care; to amend the mental hygiene law, in relation to adding new and successor federal waivers to waivers in relation to home and community-based services; to amend part A of chapter 56 of the laws of 2013, amending the social services law and other laws relating to enacting the major components of legislation necessary to implement the health and mental hygiene budget for the 2013-2014 state fiscal year, in relation to the effectiveness of certain provisions thereof; to amend the public health law, in relation to expansion of comprehensive health services plans; to amend chapter 659 of the laws of 1997, amending the public health law and other laws relating to creation of continuing care retirement communities, in relation to extending provisions thereof; to amend the public health law, in relation to managed long term care plans, health and long term care services and developmental disability individual support and care coordination organizations; to amend chapter 165 of
S. 7507--C 4 A. 9507--C the laws of 1991, amending the public health law and other laws relating to establishing payments for medical assistance, in relation to extending the provisions thereof; to amend the mental hygiene law, in relation to reimbursement rates; and to amend chapter 710 of the laws of 1988, amending the social services law and the education law relating to medical assistance eligibility of certain persons and providing for managed medical care demonstration programs, in relation to extending the provisions thereof (Part Z); to amend part C of chapter
57 of the laws of 2006, relating to establishing a cost of living adjustment for designated human services programs, in relation to the inclusion and development of certain cost of living adjustments (Part AA); to amend the public health law, in relation to… Show allHide
57 of the laws of 2006, relating to establishing a cost of living adjustment for designated human services programs, in relation to the inclusion and development of certain cost of living adjustments (Part AA); to amend the public health law, in relation to expanding the list of controlled substances (Part BB); to amend the public health law, in relation to inquiries or complaints of professional misconduct (Part CC); to amend the education law, in relation to authorizing a licensed pharmacist to administer influenza vaccine to children between two and eighteen years of age pursuant to a non-patient specific regimen; to amend the public health law, in relation to reporting requirements for vaccines administered by pharmacists to individuals less than nineteen years of age; to amend chapter 563 of the laws of 2008, amending the education law and the public health law relating to immunizing agents to be administered to adults by pharmacists, in relation to making the provisions permanent; to amend chapter 116 of the laws of 2012, amending the education law relating to authorizing a licensed pharmacist and certified nurse practitioner to administer certain immunizing agents, in relation to making certain provisions permanent; and to amend chapter 21 of the laws of 2011, amending the education law relating to authorizing pharmacists to perform collaborative drug therapy management with physicians in certain settings, in relation to making certain provisions permanent (Part DD); to amend the social services law, in relation to insurance payments for independent practitioner services for individuals with developmental disabilities (Part EE); to amend the mental hygiene law, in relation to establishing the office of the independent substance use disorder and mental health ombudsman (Part FF); to amend the mental hygiene law, in relation to a certified peer recovery advocate services program (Part GG); to amend the public health law, the executive law and the insurance law, in relation to sexual assault forensic exams; and to repeal certain provisions of the public health law relating thereto (Part HH); to amend the mental hygiene law, in relation to state-operated individualized residential alternatives; and to amend part Q of chapter 59 of the laws of 2016, amending the mental hygiene law relating to the closure or transfer of a state-operated individualized residential alternative, in relation to the effectiveness thereof (Part II); to amend the mental hygiene law, the public health law and the executive law, in relation to establishing a training program for first responders for handling emergency situations involving individuals with autism spectrum disorder and other developmental disabilities (Part JJ); to amend the state finance law, in relation to requiring bids submitted to the state or any agency or department of the state to contain a certification concerning sexual harassment (Subpart A); to amend the civil practice law and rules, in relation to prohibiting mandatory arbitration clauses (Subpart B); to amend the public officers law, in relation to reimbursement of funds paid by state agencies, state entities and public entities for the payment of awards adjudicated in sexual harassment claims (Subpart C); to amend the
S. 7507--C 5 A. 9507--C general obligations law and the civil practice law and rules, in relation to nondisclosure agreements (Subpart D); to amend the labor law, in relation to the establishment of a model policy regarding the prevention of sexual harassment… Show allHide
S. 7507--C 5 A. 9507--C general obligations law and the civil practice law and rules, in relation to nondisclosure agreements (Subpart D); to amend the labor law, in relation to the establishment of a model policy regarding the prevention of sexual harassment and a model training program to prevent sexual harassment in the workplace (Subpart E); and to amend the executive law, in relation to sexual harassment relating to nonemployees (Subpart F) (Part KK); to amend the public health law, in relation to authorizing a voluntary public water system consolidation study (Part LL); to amend the public health law, in relation to pharmacy audits by pharmacy benefit managers; to amend the public health law, in relation to contracts between pharmacy benefit managers and pharmacies; to amend the insurance law, in relation to outpatient treatment; to amend the public health law, in relation to establishing the children and recovering mothers program and a workgroup to study and evaluate barriers and challenges in identifying and treating expectant mothers, newborns and new parents with a substance use disorder; to amend the public health law, in relation to screening students for lead when enrolling in child care, pre-school or kindergarten; to amend the public health law, in relation to the lead service line replacement grant program; to direct the New York state department of health to conduct a study of the high burden of asthma in the boroughs of Brooklyn and Manhattan in the city of New York; and to amend the insurance law, in relation to providing coverage for pasteurized donor human milk (PDHM) (Part MM); and to amend the public health law and the state finance law, in relation to enacting the opioid stewardship act; and providing for the repeal of such provisions upon expiration thereof (Part NN)
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2018-2019 state fiscal year. Each component is wholly contained within a Part identified as Parts A through NN. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act.
PART A
Section 1. Intentionally omitted.
§ 2. Subdivision 5-d of section 2807-k of the public health law, as amended by section 1 of part E of chapter 57 of the laws of 2015, is amended to read as follows:
5-d. (a) Notwithstanding any inconsistent provision of this section, section twenty-eight hundred seven-w of this article or any other contrary provision of law, and subject to the availability of federal financial participation, for periods on and after January first, two thousand thirteen, through [December] March thirty-first, two thousand [eighteen] twenty, all funds available for distribution pursuant to this
S. 7507--C 6 A. 9507--C
section, except for funds distributed pursuant to subparagraph (v) of paragraph (b) of subdivision five-b of this section, and all funds available for distribution pursuant to section twenty-eight hundred seven-w of this article, shall be reserved and set aside and distributed in accordance with the provisions of this subdivision.
(b) The commissioner shall promulgate regulations, and may promulgate emergency regulations, establishing methodologies for the distribution of funds as described in paragraph (a) of this subdivision and such regulations shall include, but not be limited to, the following:
(i) Such regulations shall establish methodologies for determining each facility's relative uncompensated care need amount based on uninsured inpatient and outpatient units of service from the cost reporting year two years prior to the distribution year, multiplied by the applicable medicaid rates in effect January first of the distribution year, as summed and adjusted by a statewide cost adjustment factor and reduced by the sum of all payment amounts collected from such uninsured patients, and as further adjusted by application of a nominal need computation that shall take into account each facility's medicaid inpatient share.
(ii) Annual distributions pursuant to such regulations for the two thousand thirteen through two thousand [eighteen] nineteen calendar years shall be in accord with the following:
(A) one hundred thirty-nine million four hundred thousand dollars shall be distributed as Medicaid Disproportionate Share Hospital ("DSH") payments to major public general hospitals; and
(B) nine hundred ninety-four million nine hundred thousand dollars as Medicaid DSH payments to eligible general hospitals, other than major public general hospitals.
(iii)(A) Such regulations shall establish transition adjustments to the distributions made pursuant to clauses (A) and (B) of subparagraph (ii) of this paragraph such that no facility experiences a reduction in indigent care pool payments pursuant to this subdivision that is greater than the percentages, as specified in clause (C) of this subparagraph as compared to the average distribution that each such facility received for the three calendar years prior to two thousand thirteen pursuant to this section and section twenty-eight hundred seven-w of this article.
(B) Such regulations shall also establish adjustments limiting the increases in indigent care pool payments experienced by facilities pursuant to this subdivision by an amount that will be, as determined by the commissioner and in conjunction with such other funding as may be available for this purpose, sufficient to ensure full funding for the transition adjustment payments authorized by clause (A) of this subparagraph.
(C) No facility shall experience a reduction in indigent care pool payments pursuant to this subdivision that: for the calendar year beginning January first, two thousand thirteen, is greater than two and onehalf percent; for the calendar year beginning January first, two thousand fourteen, is greater than five percent; and, for the calendar year beginning on January first, two thousand fifteen[,]; is greater than seven and one-half percent, and for the calendar year beginning on January first, two thousand sixteen, is greater than ten percent; and for the calendar year beginning on January first, two thousand seventeen, is greater than twelve and one-half percent; and for the calendar year beginning on January first, two thousand eighteen, is greater than fifteen percent; and for the calendar year beginning on January first, two thousand nineteen, is greater than seventeen and one-half percent.
S. 7507--C 7 A. 9507--C
(iv) Such regulations shall reserve one percent of the funds available for distribution in the two thousand fourteen and two thousand fifteen calendar years, and for calendar years thereafter, pursuant to this subdivision, subdivision fourteen-f of section twenty-eight hundred seven-c of this article, and sections two hundred eleven and two hundred twelve of chapter four hundred seventy-four of the laws of nineteen hundred ninety-six, in a "financial assistance compliance pool" and shall establish methodologies for the distribution of such pool funds to facilities based on their level of compliance, as determined by the commissioner, with the provisions of subdivision nine-a of this section.
(c) The commissioner shall annually report to the governor and the legislature on the distribution of funds under this subdivision including, but not limited to:
(i) the impact on safety net providers, including community providers, rural general hospitals and major public general hospitals;
(ii) the provision of indigent care by units of services and funds distributed by general hospitals; and
(iii) the extent to which access to care has been enhanced.
§ 3. Intentionally omitted.
§ 4. Intentionally omitted.
§ 5. Paragraph (h) of subdivision 2 of section 365-a of the social services law, as amended by chapter 220 of the laws of 2011, is amended to read as follows:
(h) speech therapy, and when provided at the direction of a physician or nurse practitioner, physical therapy including related rehabilitative services and occupational therapy; provided, however, that speech therapy[, physical therapy] and occupational therapy each shall be limited to coverage of twenty visits per year; physical therapy shall be limited to coverage of forty visits per year; such limitation shall not apply to persons with developmental disabilities or, notwithstanding any other provision of law to the contrary, to persons with traumatic brain injury;
§ 6. The commissioner of health is directed to conduct a study to review the feasibility of creating a burn center in Kings County.
The commissioner of health shall report his or her findings to the governor, the speaker of the assembly, the minority leader of the assembly, the temporary president of the senate and the minority leader of the senate on or before one year from the date this act shall take effect.
§ 7. Section 4403-f of the public health law is amended by adding a new subdivision 8-a to read as follows:
8-a. Rates for certain residential health care facilities. Notwithstanding any other provision of law or regulation to the contrary, any residential health care facility established pursuant to article twenty-eight of this chapter located in a county with a population of more than seventy-two thousand and less than seventy-five thousand persons based on the two thousand ten federal census shall be reimbursed by any managed long term care plan, approved pursuant to this section and contracting with the department, at a rate of no less than one hundred four percent of the average rate of reimbursement in existence on March first, two thousand eighteen for such county.
§ 8. Subdivision 2-c of section 2808 of the public health law is amended by adding a new paragraph (g) to read as follows:
(g) Notwithstanding any other provision of law or regulation to the contrary, any residential health care facility established pursuant to this article located in a county with a population of more than seven-
S. 7507--C 8 A. 9507--C
ty-two thousand and less then seventy-five thousand persons based on the two thousand ten federal census, and operating between one hundred ten and one hundred thirty beds, being reimbursed by the department on a fee-for-services basis, shall be reimbursed at a rate of no less than one hundred seventeen percent of the fee-for-service rate of reimbursement calculated pursuant to this section for that facility for inpatient services provided on or after March first, two thousand eighteen.
§ 9. This act shall take effect immediately; provided, however, that the amendments to section 4403-f of the public health law made by section seven of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
PART B
Section 1. Subdivision 2-c of section 2808 of the public health law is amended by adding a new paragraph (g) to read as follows:
(g) The commissioner shall reduce Medicaid revenue to a residential health care facility in a payment year by two percent if in each of the two most recent payment years for which New York state nursing home quality initiative data is available, the facility was ranked in the lowest two quintiles of facilities based on its nursing home quality initiative performance, and was ranked in the lowest quintile in the most recent payment year. The commissioner shall waive the application of this paragraph to a facility if the commissioner determines that the facility is in financial distress.
§ 2. Subdivision 3 of section 461-l of the social services law is amended by adding four new paragraphs (k), (l), (m) and (n) to read as follows:
(k) (i) Existing assisted living program providers may apply to the department of health for approval to add up to nine additional assisted living program beds that do not require major renovation or construction. Eligible applicants are those that agree to dedicate such beds to serve only individuals receiving medical assistance, are in good standing with the department of health, and are in compliance with appropriate state and local requirements as determined by the department of health.
(ii) Existing assisted living program providers licensed on or before April first, two thousand eighteen may submit applications under this paragraph beginning no later than June thirtieth, two thousand eighteen and until a deadline to be determined by the department of health. Existing assisted living program providers licensed on or before April first, two thousand twenty may submit such applications beginning no later than June thirtieth, two thousand twenty and until a deadline to be determined by the department of health.
(iii) The number of additional assisted living program beds approved under this paragraph shall be based on the total number of previously awarded beds either withdrawn by applicants or denied by the department of health. The commissioner of health shall utilize an expedited review process allowing certification of the additional beds within ninety days of such department's receipt of a satisfactory application.
(l) (i) The commissioner of health is authorized to solicit and award applications for up to a total of five hundred new assisted living program beds in those counties where there is one or no assisted living program providers, pursuant to criteria to be determined by the commissioner.
S. 7507--C 9 A. 9507--C
(ii) The commissioner of health is authorized to solicit and award applications for up to five hundred new assisted living program beds in counties where utilization of existing assisted living program beds exceeds eighty-five percent. All applicants shall comply with federal home and community-based settings requirements, as set forth in 42 CFR Part 441 Subpart G. To be eligible for an award, an applicant must agree to:
(A) Dedicate such beds to serve only individuals receiving medical assistance;
(B) Develop and execute collaborative agreements within twenty-four months of an application being made to the department of health, in accordance with guidance to be published by such department, between at least one of each of the following entities: an adult care facility; a residential health care facility; and a general hospital; and
(C) Enter into an agreement with an existing managed care entity.
(iii) The commissioner of health is authorized to award any assisted living program beds for which a solicitation is made under subparagraph (i) of this paragraph, but which are not awarded, to applicants that meet all applicable criteria pursuant to a solicitation made under subparagraph (ii) of this paragraph.
(m) Beginning April first, two thousand twenty-three, additional assisted living program beds shall be approved on a case by case basis whenever the commissioner of health is satisfied that public need exists at the time and place and under circumstances proposed by the applicant.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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