S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7371

                                   I N  S E N A T E

                                      May 2, 2012
                                      ___________

       Introduced by Sens. YOUNG, BONACIC, BRESLIN, O'MARA, RITCHIE, VALESKY --
         (at  request of the Legislative Commission on Rural Resources) -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee on Health

       AN  ACT to amend the public health law, in relation to payments to rural
         hospitals designated as critical access hospitals

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

    1    Section 1. Subdivision 2-a of section 2807 of the public health law is
    2  amended by adding a new paragraph (j) to read as follows:
    3    (J)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF THIS SUBDIVISION OR ANY
    4  OTHER PROVISION OF LAW TO THE CONTRARY, ON AND AFTER  APRIL  FIRST,  TWO
    5  THOUSAND  THIRTEEN, RATES OF PAYMENT FOR DIAGNOSTIC AND TREATMENT CENTER
    6  SERVICES, EMERGENCY  SERVICES,  GENERAL  HOSPITAL  OUTPATIENT  SERVICES,
    7  AMBULATORY  SURGICAL SERVICES AND REFERRED AMBULATORY SERVICES, PROVIDED
    8  BY A RURAL HOSPITAL DESIGNATED AS A CRITICAL ACCESS HOSPITAL IN  ACCORD-
    9  ANCE  WITH TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT SHALL BE EQUAL
   10  TO ONE HUNDRED ONE PERCENT OF THE REASONABLE  COSTS  OF  A  FACILITY  IN
   11  PROVIDING  SUCH  SERVICES  TO  PATIENTS  ELIGIBLE  FOR  PAYMENTS MADE IN
   12  ACCORDANCE WITH THIS SUBDIVISION. REASONABLE COSTS SHALL  BE  DETERMINED
   13  IN  A  MANNER  CONSISTENT WITH THAT USED TO DETERMINE PAYMENT FOR OUTPA-
   14  TIENT CRITICAL ACCESS HOSPITAL SERVICES  PROVIDED  TO  BENEFICIARIES  OF
   15  TITLE  XVIII  OF THE FEDERAL SOCIAL SECURITY ACT. FOR FACILITIES WITHOUT
   16  ADEQUATE COST EXPERIENCE, SUCH RATES SHALL BE BASED  ON  BUDGETED  COSTS
   17  SUBSEQUENTLY  ADJUSTED  TO  ONE HUNDRED ONE PERCENT OF REASONABLE ACTUAL
   18  COSTS.
   19    S 2. This act shall take effect immediately.



        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08758-06-2