Expands the residential health care for children with medical fragility in transition to young adults and young adults with medical fragility demonstration program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7511
SPONSOR: Burdick
 
TITLE OF BILL:
An act to amend the public health law, in relation to expanding the
residential health care for children with medical fragility in transi-
tion to young adults and young adults with medical fragility demon-
stration program
 
PURPOSE OR GENERAL IDEA OF BILL:
Increases the current demonstration programs from two eligible pediatric
nursing homes to four eligible pediatric nursing homes
 
SUMMARY OF PROVISIONS:
Section 1 amends section 2808-e of the public health law to increase the
demonstration programs from two eligible pediatric nursing homes to
four, and defines eligible pediatric nursing home facilities.
Section 2 states the effective date.
 
JUSTIFICATION:
Given the advances in the medical care of children with medical fragili-
ty, children are living longer and typically require a broader range of
clinical support and medical interventions. Currently, more children
present with compromised respiratory insufficiency and the need for
ICU-level care that further distinguishes these facilities from that of
traditional skilled nursing facilities. The intensity of the needs of
this very fragile population has required additional services and inter-
ventions.
The FY 2021 enacted budget established a demonstration program for two
pediatric nursing homes to operate a young adult residential facility
for individuals between eighteen and thirty-five years of age with
medical fragility. The statute also provides that individuals over the
age of twenty-one, who have lived in an eligible pediatric nursing home
for at least thirty consecutive days can remain in the facility until
the age of thirty-five.
This bill seeks to amend the public health law by expanding the number
of qualifying facilities from two to four and the facility bed size from
160 beds to 120 beds. Doing so will allow the Sunshine Children's Home
and Rehabilitation Center, located in Ossining NY to participate in this
much needed pilot program.
 
PRIOR LEGISLATIVE HISTORY:
None
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 2808e of the public health law made by section one
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
STATE OF NEW YORK
________________________________________________________________________
7511
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to expanding the
residential health care for children with medical fragility in transi-
tion to young adults and young adults with medical fragility demon-
stration program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 and paragraph (d) of subdivision 2 of section
2 2808-e of the public health law, as added by section 1 of part MM of
3 chapter 57 of the laws of 2021, are amended to read as follows:
4 1. Notwithstanding any law, rule, or regulation to the contrary, the
5 commissioner shall, within amounts appropriated and subject to the
6 availability of federal financial participation, establish a demon-
7 stration program for [two] four eligible pediatric residential health
8 care facilities, as defined in paragraph (d) of subdivision two of this
9 section, to construct a new facility or repurpose part of an existing
10 facility to operate as a young adult residential health care facility
11 for the purpose of improving the quality of care for young adults with
12 medical fragility.
13 (d) "eligible pediatric residential health care facilities" shall mean
14 pediatric health care facilities that meet the following eligibility
15 criteria for the demonstration program set forth in subdivision one of
16 this section: (i) has over one hundred [and sixty] twenty licensed
17 pediatric beds; or (ii) is currently licensed for pediatric beds pursu-
18 ant to this article, is co-operated by a system of hospitals licensed
19 pursuant to this article, and such hospitals qualify for funds pursuant
20 to a vital access provider assurance program or a value based payment
21 incentive program, as administered by the department in accordance with
22 all requirements set forth in the state's federal 1115 Medicaid waiver
23 standard terms and conditions.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11441-01-3
A. 7511 2
1 § 2. This act shall take effect immediately; provided, however, that
2 the amendments to section 2808-e of the public health law made by
3 section one of this act shall not affect the repeal of such section and
4 shall be deemed repealed therewith.