New York S 4883: Provides for the establishment of guides containing best practices for hiring, retaining, and retraining mature workers

Bill Text

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S04883 Summary:

BILL NOS04883A

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SAME ASNo Same As

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SPONSORGOUNARDES

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COSPNSR

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MLTSPNSR

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Amd §2828, Pub Health L

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Excludes one-time federal assistance in the calculation of operating revenue for purposes of minimum direct resident care spending by residential health care facilities.

Go to top S04883 Actions:

BILL NOS04883A

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02/13/2025REFERRED TO HEALTH

02/21/2025AMEND AND RECOMMIT TO HEALTH

02/21/2025PRINT NUMBER 4883A

04/29/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO HEALTH

Go to topS04883 Committee&nbspVotes:

Go to topS04883 Floor&nbspVotes:

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

Go to topS04883 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4883--A

 2025-2026 Regular Sessions

 IN SENATE

 February 13, 2025
 ___________

 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 AN ACT to amend the public health law, in relation to minimum direct
 resident care spending by residential health care facilities

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

 1 Section 1. Subparagraph (i) of paragraph (c) of subdivision 1 of
 2 section 2828 of the public health law, as amended by chapter 747 of the
 3 laws of 2023, is amended to read as follows:
 4 (i) Except as provided in subparagraph (ii) of this paragraph, such
 5 regulations shall further include at a minimum that any residential
 6 health care facility for which the calculation of total operating reven-
 7 ue, as such term is limited by subparagraph (iii) of paragraph (a) of
 8 subdivision two of this section, exceeds total operating and non-operat-
 9 ing expenses by more than five percent of total operating and non-oper-
 10 ating expenses or that fails to spend the minimum amount necessary to
 11 comply with the minimum spending standards for resident-facing staffing
 12 or direct resident care, calculated on an annual basis, or for the year
 13 two thousand twenty-two, on a pro-rata basis for only that portion of
 14 the year during which the failure of a residential health care facility
 15 to spend a minimum of seventy percent of revenue on direct resident
 16 care, and forty percent of revenue on resident-facing staffing, may be
 17 held to be a violation of this chapter, shall remit such excess revenue,
 18 or the difference between the minimum spending requirement and the actu-
 19 al amount of spending on resident-facing staffing or direct care staff-
 20 ing, as the case may be, to the state, with such excess revenue which
 21 shall be payable, in a manner to be determined by such regulations, by
 22 November first in the year following the year in which the expenses are
 23 incurred. The department shall collect such payments by methods includ-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09626-02-5

 S. 4883--A 2

 1 ing, but not limited to, bringing suit in a court of competent jurisdic-
 2 tion on its own behalf after giving notice of such suit to the attorney
 3 general, deductions or offsets from payments made pursuant to the Medi-
 4 caid program, and shall deposit such recouped funds into the nursing
 5 home quality pool, as set forth in paragraph (d) of subdivision two-c of
 6 section twenty-eight hundred eight of this article. Provided further
 7 that such payments of excess revenue shall be in addition to and shall
 8 not affect a residential health care facility's obligations to make any
 9 other payments required by state or federal law into the nursing home
 10 quality pool, including but not limited to medicaid rate reductions
 11 required pursuant to paragraph (g) of subdivision two-c of section twen-
 12 ty-eight hundred eight of this article and department regulations
 13 promulgated pursuant thereto. The commissioner or their designees shall
 14 have authority to audit the residential health care facilities' reports
 15 for compliance in accordance with this section.
 16 § 2. Paragraph (a) of subdivision 2 of section 2828 of the public