Amd §2831, Pub Health L; amd §2, Chap of 2024 (as proposed in S.5969-A & A.3674-A)
Defines medically fragile young adults as individuals who meet the definition of children with medical fragility, but for the fact such individuals are aged between twenty-one and thirty-five years old.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1476
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the public health law, in relation to medically fragile
young adults; to amend a chapter of the laws of 2024 amending the public
health law relating to medically fragile young adults and pediatric
specialized nursing facilities, as proposed in legislative bills numbers
S. 5969-A and A. 3674-A, in relation to the effectiveness thereof
PURPOSE:
The purpose of this bill is to allow medically fragile young adults who
reside in pediatric specialized nursing facilities to remain there from
ages twenty-one to thirty-five years old.
SUMMARY OF PROVISIONS:
This bill amends the definition of medically fragile adults to refer to
individuals who meet the definition of children with medical fragility
but are between the ages of twenty-one to thirty-fire years old. The
bill would also add that the amended section is effective contingent on
federal financial participation, and that the act shall take effect nine
months after enacted.
JUSTIFICATION:
Medically fragile children require specialized care. Pursuant to 2011
statute two new facilities will be constructed for children aging out of
the system at 21, however these facilities will likely not have the
capacity to serve the states eligible population. This bill would allow
medically fragile children who are transitioning to receive care as
young adults to continue to receive the same specialized care afforded
to them previously from the ages of twenty-one through thirty-five.
To ensure that continued specialized care is provided to medically frag-
ile children as they become young adults, the definition within the bill
would be amended to refer to individuals aged twenty-one to thirty-five
who meet the requirements of children with medical fragility. The bill
would also make the amended section effective contingent on federal
financial participation, The effective date was changed to nine months
which continues to provide the Office with adequate time to assemble
resources and promote the rules and guidelines.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that section
one of this act shall take effect on the same date and in the same
manner as a chapter of the laws of 2024 amending the public health law
relating to medically fragile young adults and pediatric specialized
nursing facilities, as proposed in legislative bills numbers S. 5969-A
and A. 3674-A, takes effect.
STATE OF NEW YORK
________________________________________________________________________
1476
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to medically fragile
young adults; to amend a chapter of the laws of 2024 amending the
public health law relating to medically fragile young adults and
pediatric specialized nursing facilities, as proposed in legislative
bills numbers S. 5969-A and A. 3674-A, in relation to the effective-
ness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2831 of the public health law, as added by a chap-
2 ter of the laws of 2024 amending the public health law relating to
3 medically fragile young adults and pediatric specialized nursing facili-
4 ties, as proposed in legislative bills numbers S. 5969-A and A. 3674-A,
5 is amended to read as follows:
6 § 2831. Medically fragile young adults. 1. For purposes of this
7 section, "medically fragile young adults" shall [have the same meaning
8 as the term "medically fragile children" as set forth in subdivision
9 three-a of section thirty-six hundred fourteen of this chapter and shall
10 include medically fragile young adults who currently reside at a pedia-
11 tric specialized nursing facility and are over twenty-one years of age]
12 mean individuals who meet the definition of children with medical
13 fragility, but for the fact such individuals are aged between twenty-one
14 and thirty-five years old.
15 2. The department shall promulgate rules and regulations to allow
16 medically fragile young adults who reside in pediatric specialized nurs-
17 ing facilities to remain at such facilities [after reaching the age of
18 twenty-one and until they reach the age of thirty-six]. Unless a higher
19 reimbursement rate is expressly authorized by the department, the
20 reimbursement rate and methodology for such medically fragile young
21 adults shall remain the same as it was prior to reaching age twenty-one
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02931-01-5
A. 1476 2
1 and shall include a daily per diem rate and coverage for bed holds.
2 Medicaid reimbursement for this population for reserved beds due to
3 hospitalization and for therapeutic and hospice leaves of absence must
4 remain at one hundred percent of the Medicaid rate of medically fragile
5 children, without any daily limit for this population.
6 3. This section shall be effective if, and as long as, federal finan-
7 cial participation is available therefor.
8 § 2. Section 2 of a chapter of the laws of 2024 amending the public
9 health law relating to medically fragile young adults and pediatric
10 specialized nursing facilities, as proposed in legislative bills numbers
11 S. 5969-A and A. 3674-A, is amended to read as follows:
12 § 2. This act shall take effect [on the one hundred twentieth day]
13 nine months after it shall have become a law. Effective immediately, the
14 addition, amendment and/or repeal of any rule or regulation necessary
15 for the implementation of this act on its effective date are authorized
16 to be made and completed on or before such date.
17 § 3. This act shall take effect immediately; provided however, that
18 section one of this act shall take effect on the same date and in the
19 same manner as a chapter of the laws of 2024 amending the public health
20 law relating to medically fragile young adults and pediatric specialized
21 nursing facilities, as proposed in legislative bills numbers S. 5969-A
22 and A. 3674-A, takes effect.
