N.Y. PBH Law § 2808-F — New York Code / Act PBH / Article 28 / Section 2808-F
Advanced residential health care for aging adults medical fragility demonstration program
Status: in_force

§ 2808-f. Advanced residential health care for aging adults medical\nfragility demonstration program. 1. Notwithstanding any law, rule, or\nregulation to the contrary, the commissioner shall, within amounts\nappropriated and subject to the availability of federal financial\nparticipation, establish a demonstration program for eligible adult\nresidential health care facilities, as defined in paragraph (c) of\nsubdivision two of this section, to construct a new facility or\nrepurpose part of an existing facility to operate as an adult\nresidential health care facility for the purpose of improving the\nquality of care for aging adults with medical fragility.\n  2. For purposes of this section:\n  (a) "Aging adults with medical fragility" shall mean adults from age\nthirty-five to end of life who have a chronic debilitating condition or\nconditions, are at risk of hospitalization, are technology-dependent for\nlife or health sustaining functions, require complex medication regimens\nor medical interventions to maintain or to improve their health status,\nand/or are in need of ongoing assessment or intervention to prevent\nserious deterioration of their health status or medical complications\nthat place their life, health or development at risk.\n  (b) "Adult residential health care facility" shall mean a residential\nhealth care facility or discrete unit of a residential health care\nfacility providing services to adults over the age of thirty-five.\n  (c) "Eligible adult residential health care applicant" shall mean\nadult health care facilities that meet the following eligibility\ncriteria for the demonstration program set forth in subdivision one of\nthis section:  (i) is a nonprofit corporation that operates one hundred\nten adult beds licensed under article sixteen of the mental hygiene law;\nor (ii) is licensed to provide diagnostic and treatment services\npursuant to this article.\n  3. Upon receipt of a certificate of need application from an eligible\nadult residential health care applicant selected by the commissioner for\nthe demonstration program authorized under this section, the\ncommissioner is authorized to approve, with the written approval of the\npublic health and health planning council pursuant to section\ntwenty-eight hundred two of this article, the construction of a new\nresidential health care facility to be constructed and operated on a\nparcel of land within the same county as that of an eligible adult\nresidential health care applicant that is proposing such new facility\nand over which it will have site control, provided that such facility\nqualifies for the demonstration program set forth in subdivision one of\nthis section.\n  4. An aging adult facility established pursuant to subdivision three\nof this section may admit, from the community-at-large or upon referral\nfrom an unrelated facility, aging adults with medical fragility who,\nprior to reaching age thirty-five, were young adults with medical\nfragility, and who are eligible for nursing home care and in need of\nextensive nursing, medical, psychological and counseling support\nservices, provided that the aging adult facility, to promote continuity\nof care, undertakes to provide priority admission to aging adults with\nmedical fragility transitioning from the pediatric residential health\ncare facility or unit operated by the entity that proposed the aging\nadult facility and ensure sufficient capacity to admit such adults as\nthey attain thirty-five years of age.\n  5. For inpatient services provided to any aging adults with medical\nfragility eligible for medical assistance as authorized in subdivision\nthree of this section, the commissioner shall establish the operating\ncomponent of rates of reimbursement appropriate for aging adults with\nmedical fragility residing at an adult residential health care facility,\nto apply to such adults thirty-five years of age or older. Such\nmethodology shall take into account the methodology used to establish\nthe operating component of the rates pursuant to section twenty-eight\nhundred eight of this article for adult residential health care\nfacilities with an increase or decrease adjustment as appropriate to\naccount for any discrete expenses associated with caring for aging\nadults with medical fragility, including addressing their distinct needs\nas aging adults for medical and psychological support services.\n