What's happening
This bill exempts certain patient payments from the assessment on residential health care facilities' gross receipts in New York.
Why it matters
Reduces financial burden on patients and families. by exempting payments made directly by individuals (patients, their custodians, or their estates/trusts) from the 6% gross receipts assessment, potentially making long-term care more affordable for those paying out of pocket.
Targets relief specifically to non-institutional payers. , ensuring that trusts or their settlors regulated by insurance law are not included in the exemption, which may curb potential loopholes for larger institutional payers or insurers.
May impact the revenue collected by New York State. from residential health care facilities, as a portion of receipts will no longer be assessed, which could have downstream effects on healthcare funding or facility reimbursements.
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Who cares
Headline styles
Exempt Nursing Home Payments
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
339
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. AKSHAR -- 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 exemptions from assessments on residential health care facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (vi) of paragraph (b) of subdivision 2 of section 2807-d of the public health law, as amended by section 3 of part I of chapter 57 of the laws of 2017, is amended to read as follows:
(vi) Notwithstanding any contrary provision of this paragraph or any other provision of law or regulation to the contrary, for residential health care facilities the assessment shall be six percent of each residential health care facility's gross receipts received from all patient care services (except receipts attributable to services paid for by the patient, a natural person or custodian of the assets of the patient or other natural person on behalf of the patient, or an estate or trust on behalf of the patient; provided that such trust or the settlor thereof is not subject to regulation under the insurance law or this chapter) and other operating income on a cash basis for the period April first, two thousand two through March thirty-first, two thousand three for hospital or health-related services, including adult day services; provided, however, that residential health care facilities' gross receipts attributable to payments received pursuant to title XVIII of the federal social security act (medicare) shall be excluded from the assessment; provided, however, that for all such gross receipts received on or after April first, two thousand three through March thirty-first, two thousand five, such assessment shall be five percent, and further provided that for all such gross receipts received on or after April first, two thousand five through March thirty-first, two thousand nine, and on or after April first, two thousand nine through March thirty-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05376-01-9
S. 339 2
first, two thousand eleven such assessment shall be six percent, and further provided that for all such gross receipts received on or after April first, two thousand eleven through March thirty-first, two thousand thirteen such assessment shall be six percent, and further provided that for all such gross receipts received on or after April first, two thousand thirteen through March thirty-first, two thousand fifteen such assessment shall be six percent, and further provided that for all such gross receipts received on or after April first, two thousand fifteen through March thirty-first, two thousand seventeen such assessment shall be six percent, and further provided that for all such gross receipts received on or after April first, two thousand seventeen through March thirty-first, two thousand nineteen such assessment shall be six percent.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to exemptions from assessments on residential health care facilities
Purpose
This bill is intended to exempt the six percent assessment for residen- tial health care facilities receipts that are attributable to services paid for by the patient, their caregiver, or custodian of the patient's assets.
Summary of provisions
Section 1 amends section 2807-d of the public health law to repeal six percent of the refundable assessment tax that patients and caregivers are currently obligated to pay.
Section 2 lists the effective date.
Justification
The Nursing Home Surcharge Tax was established in 2002 at a rate of 6.8%. 6.0% of the tax can be refunded through the Nursing Home Assess- ment Credit.
This bill abolishes the 6.0% tax that is already eligible for a refund so nursing home residents and their families can keep their hard-earned money and avoid the onerous paperwork associated with the Assessment Credit.
Seniors who are living on fixed incomes can scarcely afford to pay these costly fees out-of-pocket. Our most vulnerable citizens shouldn't be required to jump through these kinds of burdensome bureaucratic hoops to recoup their already limited savings.
Legislative history
2018 - S.2215A: Referred to Health 2017 - S.2215A: Reported and Committed to Finance
Fiscal implications
To be determined.
Effective date
This shall take effect on the one ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.