New York S 9464: Relates to rates of payment for adult day health care services

Bill Text

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S09464 Summary:

BILL NOS09464 

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SAME ASNo Same As

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SPONSORCLEARE

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COSPNSR

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MLTSPNSR

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Amd §2808, Pub Health L

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Modifies the rates of payment related to adult day health care services.

Go to top S09464 Actions:

BILL NOS09464 

&nbsp

03/13/2026REFERRED TO HEALTH

Go to topS09464 Committee&nbspVotes:

Go to topS09464 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09464 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9464

 IN SENATE

 March 13, 2026
 ___________

 Introduced by Sen. CLEARE -- 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 rates of payment
 for adult day health care services

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 23 of section 2808 of the public health law, as
 2 added by section 29 of part C of chapter 109 of the laws of 2006,
 3 subparagraph (ii) of paragraph (a) as amended by chapter 591 of the laws
 4 of 2007, and subparagraph (iii) of paragraph (a) as amended by section
 5 20 of part D of chapter 58 of the laws of 2009, is amended to read as
 6 follows:
 7 23. Notwithstanding any inconsistent provision of law or regulation to
 8 the contrary:
 9 (a) (i) For adult day health care services provided by residential
 10 health care facilities, effective April first, two thousand seven [and
 11 thereafter] until April first, two thousand twenty-six, the operating
 12 component of the rate of payment established pursuant to this article
 13 for an adult day health care program which has achieved an occupancy
 14 percentage of ninety percent or greater for a calendar year prior to
 15 April first, two thousand seven, shall be calculated utilizing allowable
 16 costs reported in the two thousand four, two thousand five, or two thou-
 17 sand six calendar year residential health care facility cost report
 18 filed by the sponsoring residential health care facility, whichever is
 19 the earliest of such calendar year cost reports in which the program has
 20 achieved an occupancy percentage of ninety percent or greater, except
 21 that programs receiving rates of payment based on allowable costs for a
 22 period prior to April first, two thousand seven shall continue to
 23 receive rates of payment based on such period.
 24 (ii) For such programs which achieved an occupancy percentage of nine-
 25 ty percent or greater prior to calendar year two thousand four, so long
 26 as approved capacity in that year is the same as in calendar year two
 27 thousand four, but which did not maintain occupancy of ninety percent or
 28 greater in calendar years two thousand four, two thousand five, or two

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15122-01-6

 S. 9464 2

 1 thousand six, the operating component of the rate of payment established
 2 pursuant to this article shall be calculated utilizing allowable costs
 3 reported in the two thousand four calendar year cost report divided by
 4 visits imputed at ninety percent occupancy.
 5 (iii) For such programs which have not achieved an occupancy percent-
 6 age of ninety percent or greater for a calendar year prior to April
 7 first, two thousand seven, the operating component of the rate of
 8 payment established pursuant to this article shall be calculated utiliz-
 9 ing allowable costs reported in the first calendar year after two thou-
 10 sand six in which such a program achieves an occupancy percentage of
 11 ninety percent or greater effective January first of such calendar year
 12 except for calendar year two thousand seven, effective no earlier than
 13 April first of such year, provided, however, that effective January
 14 first, two thousand nine, for programs that have not achieved an occu-
 15 pancy percentage of ninety percent or greater for a calendar year prior
 16 to January first, two thousand nine, the operating component of the rate
 17 of payment established pursuant to this article shall be calculated
 18 utilizing allowable costs reported in the two thousand nine cost report
 19 filed by the spons