NY State Senate Bill 2011-S5833

Senate Bill S5833

Signed By Governor

2011-2012 Legislative Session

Chapter amends S.5644 and A. 8306, to direct the commissioner of health to seek federal approvals for use of certified public expenditures for public hospitals

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 03, 2011	signed chap.386
Jul 22, 2011	delivered to governor
Jun 24, 2011	returned to senate passed assembly ordered to third reading rules cal.627 substituted for a8516
Jun 23, 2011	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1538
Jun 20, 2011	referred to rules

Votes

- Jun 23, 2011 - Floor Vote
  S5833
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 23, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 23, 2011 - Rules Committee Vote
  S5833
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 23, 2011
      
      aye (24)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins

2011-S5833 (ACTIVE) - Details

See Assembly Version of this Bill:: A8516
Law Section:: Health
Laws Affected:: Amd §213, add §214-a, Chap 474 of 1996 (as proposed in S. 5644 and A. 8306)

2011-S5833 (ACTIVE) - Summary

Chapter amendment to S. 5644 and A. 8306, to direct the commissioner of health to seek federal approvals for use of certified public expenditures for certain payments to public general hospitals on behalf of recipients of medical assistance.

2011-S5833 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5833

TITLE OF BILL:
An act
to amend chapter 474 of the laws of 1996,
amending the education law and other laws relating to rates for
residential health care facilities, in relation to
utilization of certified public expenditures for certain
payments to
public general hospitals

PURPOSE:
The purpose of this bill is to be a chapter amendment to a
chapter of the laws of 2011 relating to authorizing the social
services districts and their public hospitals the option to select
either certified public expenditures (CPEs) as a funding mechanism
for certain already authorized Medicaid payments to public general
hospitals as proposed in legislative bill S.5644/A.8306.

SUMMARY OF SPECIFIC PROVISIONS:
Section one and two amend S.5644/A.8306 to reference and add a new
section 214-A to chapter 474 of the laws of 1996 as amended in 2011
to provide that the option of public expenditures as meeting the
requirements for the payments social services must make will be
subject to the availability of federal financial participation and be
deemed voluntary provided if federal CMS determines that such

non-federal share payments are not voluntary or otherwise disallows
federal financial participation in such payments, the provisions
shall be null and void and payments made pursuant to this section
shall be recouped by the Commissioner of Health.

Section three provides an effective date.

JUSTIFICATION:
This bill is a chapter amendment which makes
technical clarifying amendments to S.5644 and includes provisions to
ensure that the use of CPEs as a funding mechanism are only allowable
under certain circumstances and may be recouped by the Department of
Health if they are disallowed by federal CMS.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This shall take effect on the same date and in the
same manner as a chapter of the laws of 2011 amending the public
health law as S.5644/A.8306

2011-S5833 (ACTIVE) - Bill Text download pdf

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

                                  5833

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 20, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend chapter 474 of the laws of 1996, amending the  education
  law  and  other  laws  relating  to  rates for residential health care
  facilities, in relation to utilization of  certified  public  expendi-
  tures for certain payments to public general hospitals

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

  Section 1. Section 213 of chapter 474 of the laws  of  1996,  amending
the  education  law  and  other  laws  relating to rates for residential
health care facilities, as amended by a chapter  of  the  laws  of  2011
amending  chapter 474 of the laws of 1996 amending the education law and
other laws relating to rates for  residential  health  care  facilities,
relating  to  payments  by  social services districts for public general
hospitals, as proposed in legislative bills numbers S.5644  and  A.8306,
is amended and a new section 214-a is added to read as follows:
  S  213.    Notwithstanding  any inconsistent provision of law or regu-
lation to the contrary, the social services district in which an  eligi-
ble  public  general hospital is physically located shall be responsible
for the payments for such  public  general  hospital  as  determined  in
accordance  with  sections  two hundred eleven and two hundred twelve of
this act for all hospital  services  provided  by  such  public  general
hospital  in  accordance  with section 365-a of the social services law,
regardless of whether another social services district or the department
of social services may otherwise be responsible for  furnishing  medical
assistance  to  the  eligible  persons receiving such services.   To the
extent permitted by  the  federal  Centers  for  Medicare  and  Medicaid
Services, the social services district's responsibility for payments may
be  fulfilled  through  public  expenditures  certified  by the eligible
public general hospital located in the social services district as meet-
ing the requirements for the payments authorized by sections two hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13210-01-1

S. 5833                             2

eleven and two hundred twelve of this act AND AS OTHERWISE  PROVIDED  IN
ACCORDANCE WITH SECTION TWO HUNDRED FOURTEEN-A OF THIS ACT.
  S 214-A. 1.  NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW AND SUBJECT
TO  THE  AVAILABILITY  OF FEDERAL FINANCIAL PARTICIPATION, EFFECTIVE FOR
PERIODS ON OR AFTER JULY 1, 2011, THE COMMISSIONER OF HEALTH IS  AUTHOR-
IZED TO SEEK ALL NECESSARY FEDERAL APPROVALS TO UTILIZE CERTIFIED PUBLIC
EXPENDITURES  (HEREINAFTER  REFERRED  TO  IN THIS SECTION AS "CPE") WITH
REGARD TO PAYMENTS MADE TO GENERAL HOSPITALS PURSUANT  TO  SECTIONS  TWO
HUNDRED  ELEVEN  AND  TWO HUNDRED TWELVE OF THIS ACT, FOR THE PURPOSE OF
RECOGNIZING OTHERWISE UN-REIMBURSED ALLOWABLE MEDICAL  ASSISTANCE  COSTS
PURSUANT  TO  TITLE  11  OF  ARTICLE  5  OF  THE SOCIAL SERVICES LAW FOR
PATIENTS ELIGIBLE FOR FEDERAL FINANCIAL PARTICIPATION UNDER TITLE XIX OF
THE FEDERAL SOCIAL SECURITY ACT. SUCH CPES MAY BE UTILIZED  WITH  REGARD
TO PAYMENTS MADE PURSUANT TO SECTIONS TWO HUNDRED ELEVEN AND TWO HUNDRED
TWELVE OF THIS ACT TO OR ON BEHALF OF PUBLIC GENERAL HOSPITALS.  GENERAL
PUBLIC  HOSPITALS  SEEKING TO UTILIZE CPES FOR MEDICAID PAYMENT PURPOSES
SHALL PROVIDE SUCH DOCUMENTATION AND SUPPORTING DATA AS THE COMMISSIONER
OF HEALTH DEEMS NECESSARY.  THE  FEDERAL  MATCHING  FUNDS  RECEIVED  FOR
APPROVED  CPES PURSUANT TO THIS SECTION SHALL BE REMITTED TO THE GENERAL
PUBLIC HOSPITAL WHOSE  EXPENDITURES  FORMED  THE  BASIS  FOR  SUCH  CPE.
FURTHER, THE AMOUNT OF SUCH CPES SHALL BE EXCLUDED FROM ALL CALCULATIONS
MADE  PURSUANT TO SECTION 1 OF PART C OF CHAPTER 58 OF THE LAWS OF 2005.
THE COMMISSIONER OF HEALTH MAY PROMULGATE REGULATIONS,  INCLUDING  EMER-
GENCY REGULATIONS, TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  2.  FULFILLMENT  OF  THE  SOCIAL  SERVICES DISTRICT RESPONSIBILITY FOR
FUNDING OF THE NON-FEDERAL  SHARE  OF  ANY  PAYMENTS  PURSUANT  TO  THIS
SECTION  SHALL  BE  DEEMED TO BE VOLUNTARY FOR PURPOSES OF THE INCREASED
FEDERAL MEDICAL ASSISTANCE PERCENTAGE PROVISIONS OF THE AMERICAN  RECOV-
ERY  AND  REINVESTMENT  ACT OF 2009; PROVIDED HOWEVER THAT, IN THE EVENT
THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES  DETERMINES  THAT
SUCH  NON-FEDERAL SHARE PAYMENTS ARE NOT VOLUNTARY PAYMENTS FOR PURPOSES
OF SUCH ACT OR OTHERWISE DISALLOWS FEDERAL  FINANCIAL  PARTICIPATION  IN
SUCH PAYMENTS, THE PROVISIONS OF THIS SECTION SHALL BE NULL AND VOID AND
PAYMENTS  MADE PURSUANT TO THIS SECTION SHALL BE RECOUPED BY THE COMMIS-
SIONER OF HEALTH.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner as a chapter of the laws of 2011 amending chapter 474 of the laws
of  1996 amending the education law and other laws relating to rates for
residential health care facilities,  relating  to  payments  for  social
services districts for public general hospitals, as proposed in legisla-
tive bills numbers S.5644 and A.8306, takes effect.

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