Relates to medically fragile young adults and pediatric specialized nursing facilities; allows for such young adults to remain in such facilities from age twenty-one until age thirty-six.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3674A
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the public health law, in relation to medically fragile
young adults and pediatric specialized nursing facilities
PURPOSE:
The purpose of this bill is to amend the. public health law by requiring
a consultation prior to the discharge of medically fragile young adults.
SUMMARY OF PROVISIONS:
Section 1 - adds section 2828 which requires the hospital to provide a
consultation with the patient and the parent or legal guardian of the
patient regarding such parent or legal guardian's capabilities and limi-
tations and issue a discharge plan. Said consultation must take place no
later than 24 hours before the patient's discharge and must meet the
minimum requirements set by this bill.
Section 1 also sets the requirements for the discharge plans which shall
offer parents and legal guardians instruction in all after-care tasks
described in the discharge plan. The terms "medically fragile young
adults", "hospital", "discharge", "patient" & "residence" are defined.
Section 2 - sets effective date
JUSTIFICATION:
Medically fragile children require intense and specialized care. While
in 2021, statute was enacted to allow for the construction of two new
facilities for the children aging out of the system at age 21. These
facilities are not yet operational, and they likely will not have the
capacity to serve all of the State's eligible population in any event.
This legislation would provide all medically fragile children who are
transitioning to care as young adults to continue to receive the
specialized care afforded them as children once they have attained the
age of twenty-one through the age of thirty-six: Currently there are
six specialized facilities in New York providing this care.
LEGISLATIVE HISTORY:
5/9/2022 A2557A referred to health
2019-20: A10032
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition, amendment
STATE OF NEW YORK
________________________________________________________________________
3674--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Health -- recommitted to the Committee on Health in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to medically fragile
young adults and pediatric specialized nursing facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2831 to read as follows:
3 § 2831. Medically fragile young adults. 1. For purposes of this
4 section, "medically fragile young adults" shall have the same meaning as
5 the term "medically fragile children" as set forth in subdivision
6 three-a of section thirty-six hundred fourteen of this chapter and shall
7 include medically fragile young adults who currently reside at a pedia-
8 tric specialized nursing facility and are over twenty-one years of age.
9 2. The department shall promulgate rules and regulations to allow
10 medically fragile young adults who reside in pediatric specialized nurs-
11 ing facilities to remain at such facilities after reaching the age of
12 twenty-one and until they reach the age of thirty-six. Unless a higher
13 reimbursement rate is expressly authorized by the department, the
14 reimbursement rate and methodology for such medically fragile young
15 adults shall remain the same as it was prior to reaching age twenty-one
16 and shall include a daily per diem rate and coverage for bed holds.
17 Medicaid reimbursement for this population for reserved beds due to
18 hospitalization and for therapeutic and hospice leaves of absence must
19 remain at one hundred percent of the Medicaid rate of medically fragile
20 children, without any daily limit for this population.
21 § 2. This act shall take effect on the one hundred twentieth day after
22 it shall have become a law. Effective immediately, the addition, amend-
23 ment and/or repeal of any rule or regulation necessary for the implemen-
24 tation of this act on its effective date are authorized to be made and
25 completed on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08318-03-4
