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S6255Senate2017-2018 Session

Delay Nursing Home Bed Rule

Official title

“Delays until September 1, 2017, the effective date of amendments made to the public health law relating to reserved bed days”

Sponsor Kemp HannonSD-6Affects Health
Status
In Senate Committee
Health
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill delays the implementation of changes to the reserved bed day policy and reimbursement until new regulations are issued.

Why it matters

  1. Prevents loss of reimbursement for nursing homes. By delaying changes until new regulations are issued, this bill ensures that nursing homes are not denied payment for holding residents' beds during temporary absences, maintaining financial stability for facilities during the transition.

  2. Protects residents’ access to care. The delay helps ensure that residents who temporarily leave (e.g., for hospitalization) can return to their original bed, supporting continuity of care and minimizing disruption for vulnerable individuals.

  3. Requires regulatory updates before policy changes. The Department of Health must update and clarify regulations before implementing any new reserved bed day policy, aiming for a smoother and more transparent rollout that providers can prepare for.

  4. Addresses uncertainty during policy shifts. By specifying that reimbursement rules remain unchanged until official regulations are updated, the bill reduces confusion and potential disputes between nursing homes, residents, and the state during the transition period.

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Who cares

Headline styles

Delay Nursing Home Bed Rule

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kemp Hannon

Senator · Senate District 6

Chair, Health

No co-sponsors yet.

History

  1. Referred to health
  2. Reported and committed to finance
  3. Referred to health

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6255

2017-2018 Regular Sessions

IN SENATE

May 11, 2017

Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health

AN ACT to amend chapter 57 of the laws of 2017, amending the public health law relating to reserved bed days, in relation to the effective date of certain provisions thereof

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 7 of part E of chapter 57 of the laws of 2017, amending the public health law relating to reserved bed days, is amended to read as follows:

§ 7. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2017; except that section two of this act shall take effect on the first of September after this act shall have become a law; provided that prior to the effective date of section two of this act the commissioner of health shall amend existing regulations and take other actions reasonably necessary to implement the change to the reserved bed day policy and reimbursement methodology as amended by section two of this act; and provided further that the department of health shall not deny reimbursement for beds reserved pursuant to section 2808 of the public health law and regulations existing on or before April 1, 2017, unless and until the commissioner of health issues amended regulations to reflect the public health law changes made by this act.

§ 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2017.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11711-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend chapter 57 of the laws of 2017, amending the public health law relating to reserved bed days, in relation to the effective date of certain provisions thereof

Purpose

To clarify the intended effective date for the change to New York State's reserve bed day reimbursement methodology and clarify that nursing homes may continue to bill Medicaid for hospital leaves of absence until the later of September 1, 2017 or when the Department of Health adopts final amendments to existing bed hold regulations.

Summary of provisions

Section 1 of the bill amends section 7 of Part E of Chapter 57 of the Laws of 2017 to provide a September 1, 2017 effective date, provided that the Department of Health must adopt final amended regulations before this section of law takes effect.

Section 2 provides an effective date.

Justification

As part of the adopted health and mental hygiene article VII budget bill (S.2007B/A.3007B) the State's authority to provide Medicaid reimbursement for nursing home reserve bed days due to a resident's hospitalization was eliminated effective April 1, 2017. Despite the statutory change, there is confusion as to whether the Department of Health (DOH) intends for all other aspects of bed hold to remain in place.

As a result of the budget, families and residents are left questioning whether the resident's "same bed" will be reserved when the resident leaves the facility for a hospitalization, despite the fact that the nursing home may not receive reimbursement. DOH is aware that the State's reimbursement change has created confusion and uncertainty among facilities, residents, and family members. It is imperative that the Department work with the stakeholders to resolve this confusion and develop amended regulations. For this reason, it is necessary to delay the implementation of the budget action until DOH is able to finally promulgate amendments to existing bed hold regulations.

Legislative history

New bill

Fiscal implications

None

Effective date

Effective on the same date and in the same manner as Chapter 57 of 2017.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.