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A10189 Summary:

BILL NOA10189B
 
SAME ASSAME AS S09519-A
 
SPONSORRules (Gunther)
 
COSPNSRSayegh, Levenberg
 
MLTSPNSR
 
Add §2808-f, Pub Health L
 
Establishes an advanced residential health care for aging adults medical fragility demonstration program to construct a new facility or repurpose part of an existing facility to operate as an adult residential health care facility for the purpose of improving the quality of care for aging adults with medical fragility.
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A10189 Actions:

BILL NOA10189B
 
05/10/2024referred to health
05/16/2024amend and recommit to health
05/16/2024print number 10189a
05/28/2024amend and recommit to health
05/28/2024print number 10189b
05/30/2024reported referred to ways and means
06/06/2024reported referred to rules
06/06/2024reported
06/06/2024rules report cal.514
06/06/2024ordered to third reading rules cal.514
06/06/2024passed assembly
06/06/2024delivered to senate
06/06/2024REFERRED TO RULES
06/06/2024SUBSTITUTED FOR S9519A
06/06/20243RD READING CAL.1900
06/06/2024PASSED SENATE
06/06/2024RETURNED TO ASSEMBLY
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A10189 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10189B
 
SPONSOR: Rules (Gunther)
  TITLE OF BILL: An act to amend the public health law, in relation to establishing an advanced residential health care for aging adults with medical fragility demonstration program   PURPOSE: To amend the public health law, in relation to establishing an advanced residential health care for aging adults with medical fragility demon- stration program.   SUMMARY OF PROVISIONS: Section I Amends public health law by adding a new section 2808-f Section 2 establishes the effective date.   JUSTIFICATION: Aging adults with medical fragility require acute services that aren't always readily available. When these adults who are cared for by adoles- cent facilities age out, they are often placed in nursing homes that don't have resources necessary to deal with their complex conditions. This bill would establish skilled nursing units for these adults with medical fragility so that this vulnerable population has long term care options designed specifically for their needs.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: Minimal.   EFFECTIVE DATE: Effective Immediately.
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A10189 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10189--B
 
                   IN ASSEMBLY
 
                                      May 10, 2024
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
          read once and  referred  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the public health law, in relation  to  establishing  an
          advanced residential health care for aging adults with medical fragil-
          ity demonstration program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  section
     2  2808-f to read as follows:
     3    §  2808-f.  Advanced  residential health care for aging adults medical
     4  fragility demonstration program. 1. Notwithstanding any  law,  rule,  or
     5  regulation  to  the  contrary,  the  commissioner  shall, within amounts
     6  appropriated and  subject  to  the  availability  of  federal  financial
     7  participation,  establish  a  demonstration  program  for eligible adult
     8  residential health care facilities,  as  defined  in  paragraph  (c)  of
     9  subdivision  two  of this section, to construct a new facility or repur-
    10  pose part of an existing facility to operate  as  an  adult  residential
    11  health  care  facility  for the purpose of improving the quality of care
    12  for aging adults with medical fragility.
    13    2. For purposes of this section:
    14    (a) "Aging adults with medical fragility" shall mean adults  from  age
    15  thirty-five  to end of life who have a chronic debilitating condition or
    16  conditions, are at risk of hospitalization, are technology-dependent for
    17  life or health sustaining functions, require complex medication regimens
    18  or medical interventions to maintain or to improve their health  status,
    19  and/or  are  in  need  of  ongoing assessment or intervention to prevent
    20  serious deterioration of their health status  or  medical  complications
    21  that place their life, health or development at risk.
    22    (b)  "Adult residential health care facility" shall mean a residential
    23  health care facility or discrete  unit  of  a  residential  health  care
    24  facility providing services to adults over the age of thirty-five.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15463-04-4

        A. 10189--B                         2
 
     1    (c)  "Eligible  adult  residential  health  care applicant" shall mean
     2  adult health care facilities that meet the following eligibility  crite-
     3  ria  for  the demonstration program set forth in subdivision one of this
     4  section:  (i) is a nonprofit corporation that operates one  hundred  ten
     5  adult  beds  licensed  under article sixteen of this chapter; or (ii) is
     6  licensed to provide diagnostic and treatment services pursuant  to  this
     7  article.
     8    3.  Upon receipt of a certificate of need application from an eligible
     9  adult residential health care applicant selected by the commissioner for
    10  the demonstration program authorized under this section, the commission-
    11  er is authorized to approve, with the written  approval  of  the  public
    12  health  and  health  planning  council  pursuant to section twenty-eight
    13  hundred two of this article,  the  construction  of  a  new  residential
    14  health  care facility to be constructed and operated on a parcel of land
    15  within the same county as that of an eligible adult  residential  health
    16  care  applicant  that  is  proposing such new facility and over which it
    17  will have site control, provided that such facility  qualifies  for  the
    18  demonstration program set forth in subdivision one of this section.
    19    4.  An  aging adult facility established pursuant to subdivision three
    20  of this section may admit, from the community-at-large or upon  referral
    21  from  an  unrelated  facility,  aging adults with medical fragility who,
    22  prior to reaching  age  thirty-five,  were  young  adults  with  medical
    23  fragility,  and  who  are  eligible for nursing home care and in need of
    24  extensive  nursing,  medical,  psychological  and   counseling   support
    25  services,  provided that the aging adult facility, to promote continuity
    26  of care, undertakes to provide priority admission to aging  adults  with
    27  medical  fragility  transitioning  from the pediatric residential health
    28  care facility or unit operated by the entity  that  proposed  the  aging
    29  adult  facility  and  ensure sufficient capacity to admit such adults as
    30  they attain thirty-five years of age.
    31    5. For inpatient services provided to any aging  adults  with  medical
    32  fragility  eligible  for medical assistance as authorized in subdivision
    33  three of this section, the commissioner shall  establish  the  operating
    34  component  of  rates  of reimbursement appropriate for aging adults with
    35  medical fragility residing at an adult residential health care facility,
    36  to apply to such adults thirty-five years of age or older. Such  method-
    37  ology  shall  take  into  account  the methodology used to establish the
    38  operating component  of  the  rates  pursuant  to  section  twenty-eight
    39  hundred  eight of this article for adult residential health care facili-
    40  ties with an increase or decrease adjustment as appropriate  to  account
    41  for  any  discrete expenses associated with caring for aging adults with
    42  medical fragility, including addressing their distinct  needs  as  aging
    43  adults for medical and psychological support services.
    44    § 2. This act shall take effect immediately.
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