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STATE OF NEW YORK
________________________________________________________________________

2670

2011-2012 Regular Sessions

IN ASSEMBLY

January 19, 2011
___________

Introduced  by  M.  of  A.  SCHROEDER  --  read once and referred to the
  Committee on Social Services

AN ACT to amend the social services law, in  relation  to  payments  for
  non-state operated public residential health care facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The social services law is amended by adding a new  section
367-x to read as follows:
  S 367-X. PAYMENT FOR NON-STATE OPERATED PUBLIC RESIDENTIAL HEALTH CARE
FACILITIES  INCLUDING PUBLIC HEALTH CARE FACILITIES IN NASSAU COUNTY AND
ERIE COUNTY. 1. NOTWITHSTANDING ANY  LAW,  RULE  OR  REGULATION  TO  THE
CONTRARY,  NON-STATE  OPERATED PUBLIC RESIDENTIAL HEALTH CARE FACILITIES
INCLUDING PUBLIC RESIDENTIAL  HEALTH CARE FACILITIES  IN  NASSAU  COUNTY
AND ERIE COUNTY SHALL BE REIMBURSED AT A MEDICAID RATE (LESS CAPITAL) OF
FORTY  PERCENT  ABOVE THE RATE SET FORTH IN 10 NYCRR SECTION 86-2.10 FOR
ALL CARE PROVIDED AT SUCH FACILITY.
  2. THE COMMISSIONER OF HEALTH IS HEREBY  AUTHORIZED  AND  DIRECTED  TO
ADOPT RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  2.  This act shall take effect immediately, provided, however, that
the commissioner of health shall promulgate any  rules  and  regulations
necessary for the implementation of this act on or before such effective
date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06840-01-1