S T A T E O F N E W Y O R K ________________________________________________________________________ 222--A 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. MAZIARZ, ALESI, BONACIC, DeFRANCISCO, FLANAGAN, GOLDEN, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Commit- tee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law, in relation to state reimburse- ment for care, treatment, maintenance and nursing services in nursing homes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 368-a of the social services law 2 is amended by adding a new paragraph (g-1) to read as follows: 3 (G-1) (I) BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN, REIMBURSEMENT 4 FOR SERVICES CALCULATED PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION TO 5 AN ELIGIBLE SOCIAL SERVICES DISTRICT AS DEFINED BY SUBPARAGRAPH (II) OF 6 THIS PARAGRAPH SHALL BE ADJUSTED EACH SUBSEQUENT TWELVE MONTH PERIOD BY 7 INCREASING THE APPLICABLE PER CENTUM AS SPECIFIED IN SUBPARAGRAPH (III) 8 OF THIS PARAGRAPH. 9 (II) FOR THE PURPOSES OF THIS PARAGRAPH, AN ELIGIBLE SOCIAL SERVICES 10 DISTRICT SHALL BE A DISTRICT WHICH: (A) MADE A TRANSFER PURSUANT TO 11 SECTION TWO HUNDRED TWENTY-TWO OF CHAPTER FOUR HUNDRED SEVENTY-FOUR OF 12 THE LAWS OF NINETEEN HUNDRED NINETY-SIX IN TWO THOUSAND NINE; (B) IN 13 SUCH DISTRICT THERE IS A NON-STATE OPERATED PUBLIC RESIDENTIAL HEALTH 14 CARE FACILITY OPERATING FOR THE PREVIOUS TWELVE MONTH PERIOD; AND (C) 15 THE SUM OF COSTS FROM OPERATIONS FOR ALL SUCH FACILITIES WITHIN A 16 DISTRICT EXCEED THE SUM OF REVENUES FROM OPERATIONS, AS REPORTED TO THE 17 DEPARTMENT OF HEALTH FOR THE MOST RECENT RATE YEAR AVAILABLE. 18 (III) THE PER CENTUM SPECIFIED IN PARAGRAPH (G) OF THIS SUBDIVISION 19 SHALL BE INCREASED BY ADDING TO IT A PER CENTUM CALCULATED BY TAKING THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01311-02-1 S. 222--A 2 1 AMOUNT THAT THE SUM OF COSTS FROM OPERATIONS FOR ALL SUCH FACILITIES 2 WITHIN A DISTRICT EXCEED THE SUM OR REVENUES FROM OPERATIONS, AS 3 REPORTED TO THE DEPARTMENT OF HEALTH FOR THE MOST RECENT RATE YEAR 4 AVAILABLE, AND DIVIDED BY THE TOTAL AMOUNT OF REIMBURSEMENT PROVIDED TO 5 THE DISTRICT PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION IN THE PREVI- 6 OUS APRIL FIRST THROUGH MARCH THIRTY-FIRST PERIOD. 7 S 2. This act shall take effect April 1, 2013.