Statute:

Residential health care for children with medical fragility in transition to young adults and young adults with medical fragility demonst...

* § 2808-e. Residential health care for children with medical
fragility in transition to young adults and young adults with medical
fragility demonstration program. 1. Notwithstanding any law, rule, or
regulation to the contrary, the commissioner shall, within amounts
appropriated and subject to the availability of federal financial
participation, establish a demonstration program for two eligible
pediatric residential health care facilities, as defined in paragraph
(d) of subdivision two of this section, to construct a new facility or
repurpose part of an existing facility to operate as a young adult
residential health care facility for the purpose of improving the
quality of care for young adults with medical fragility.

2. For purposes of this section:

(a) "children with medical fragility" shall mean children up to
twenty-one years of age who have a chronic debilitating condition or
conditions, are at risk of hospitalization, are technology-dependent for
life or health sustaining functions, require complex medication regimens
or medical interventions to maintain or to improve their health status,
and/or are in need of ongoing assessment or intervention to prevent
serious deterioration of their health status or medical complications
that place their life, health or development at risk.

(b) "young adults with medical fragility" shall mean individuals who
meet the definition of children with medical fragility, but for the fact
such individuals are aged between eighteen and thirty-five years old.

(c) "pediatric residential health care facility" shall mean a
residential health care facility or discrete unit of a residential
health care facility providing services to children under the age of
twenty-one.

(d) "eligible pediatric residential health care facilities" shall mean
pediatric health care facilities that meet the following eligibility
criteria for the demonstration program set forth in subdivision one of
this section: (i) has over one hundred and sixty licensed pediatric
beds; or (ii) is currently licensed for pediatric beds pursuant to this
article, is co-operated by a system of hospitals licensed pursuant to
this article, and such hospitals qualify for funds pursuant to a vital
access provider assurance program or a value based payment incentive
program, as administered by the department in accordance with all
requirements set forth in the state's federal 1115 Medicaid waiver
standard terms and conditions.

3. Notwithstanding any law, rule, or regulation to the contrary, any
child with medical fragility who has resided for at least thirty
consecutive days in an eligible pediatric residential health care
facility and who has reached the age of twenty-one while a resident, may
continue residing at such eligible pediatric residential health care
facility and receiving such services from the facility, provided that
such young adult with medical fragility remains eligible for nursing
home care, and provided further that the eligible pediatric residential
health care facility has prepared, applied for, and submitted to the
commissioner, a proposal for a new residential health care facility for
the provision of extensive nursing, medical, psychological and
counseling support services to young adults with medical fragility in
accordance with subdivision four of this section. A young adult with
medical fragility may remain in such eligible pediatric residential
health care facility until such time that the young adult with medical
fragility attains the age of thirty-five years or the young adult
residential health care facility is constructed and becomes operational,
whichever is sooner.

4. Upon receipt of a certificate of need application from an eligible
pediatric residential health care facility selected by the commissioner
for the demonstration program authorized under this section, the
commissioner is authorized to approve, with the written approval of the
public health and health planning council pursuant to section
twenty-eight hundred two of this article, the construction of a new
residential health care facility to be constructed and operated on a
parcel of land within the same county as that of eligible pediatric
residential health care facility that is proposing such new facility and
over which it will have site control, or the repurposing of a portion of
a residential health care facility that is currently serving geriatric
residents or those with similar needs for the provision of nursing,
medical, psychological and counseling support services appropriate to
the needs of nursing home-eligible young adults with medical fragility,
referred to herein below as a young adult facility, provided that the
established operator of such eligible pediatric residential health care
facility proposing the young adult facility is in good standing and
possesses at least thirty years' prior experience operating as a
pediatric residential health care facility in the state or more than
thirty years' experience serving medically fragile pediatric patients,
and provided further that such facility qualifies for the demonstration
program set forth in subdivision one of this section.

5. A young adult facility established pursuant to subdivision four of
this section may admit, from the community-at-large or upon referral
from an unrelated facility, young adults with medical fragility who
prior to reaching age twenty-one were children with medical fragility,
and who are eligible for nursing home care and in need of extensive
nursing, medical, psychological and counseling support services,
provided that the young adult facility, to promote continuity of care,
undertakes to provide priority admission to young adults with medical
fragility transitioning from the pediatric residential health care
facility or unit operated by the entity that proposed the young adult
facility and ensure sufficient capacity to admit such young adults as
they approach or attain twenty-one years of age.

6. (a) For inpatient services provided to any young adults with
medical fragility eligible for medical assistance pursuant to title
eleven of article five of the social services law residing at any
eligible pediatric residential health care facility as authorized in
subdivision three of this section, the commissioner shall establish the
operating component of rates of reimbursement appropriate for young
adults with medical fragility residing at a pediatric residential health
care facility, to apply to such young adults twenty-one years of age or
older. Such methodology shall take into account the methodology used to
establish the operating component of the rates pursuant to section
twenty eight hundred eight of this article for pediatric residential
health care facilities with an increase or decrease adjustment as
appropriate to account for any discrete expenses associated with caring
for young adults with medical fragility, including addressing their
distinct needs as young adults for psychological and counseling support
services.

(b) For inpatient services provided to any young adults with medical
fragility eligible for medical assistance pursuant to title eleven of
article five of the social services law at any young adult facility as
authorized in subdivision four of this section, the commissioner shall
establish the operating component of rates of reimbursement appropriate
for young adults with medical fragility. Such methodology shall take
into account the methodology used to establish the operating component
of the rates pursuant to section twenty eight hundred eight of this
article for pediatric residential health care facilities with an
increase or decrease adjustment as appropriate to account for any
discrete expenses associated with caring for young adults with medical
fragility, including addressing their distinct needs as young adults for
psychological and counseling support services.

7. The commissioner shall have authority to waive any rule or
regulation to effectuate the demonstration program authorized pursuant
to subdivision one of this section.

* NB Repealed August 17, 2027

* NB There are 2 § 2808-e's

PBH 2808-E 2025-05-16

Sections:

ARTICLE 28 - Hospitals
SECTION 2800 - Declaration of policy and statement of purpose
SECTION 2801 - Definitions
SECTION 2801-A - Establishment or incorporation of hospitals
SECTION 2801-B - Improper practices in hospital staff appointments and extension of professional privileges prohibited
SECTION 2801-C - Injunctions
SECTION 2801-D - Private actions by patients of residential health care facilities
SECTION 2801-E - Voluntary residential health care facility rightsizing demonstration program
SECTION 2801-F - Residential health care facility quality incentive payment program
SECTION 2801-G - Community forum on hospital closure
SECTION 2801-H - Personal caregiving and compassionate caregiving visitors to nursing home residents during declared local or state health emergencies
SECTION 2802 - Approval of construction
SECTION 2802-A - Transitional care unit demonstration program
SECTION 2802-B - Health equity impact assessments
SECTION 2803 - Commissioner and council; powers and duties
SECTION 2803-A - Authority to contract
SECTION 2803-AA - Sickle cell disease information distribution
SECTION 2803-AA*2 - Nursing home infection control competency audit
SECTION 2803-B - Uniform reports and accounting systems for hospital costs
SECTION 2803-C - Rights of patients in certain medical facilities
SECTION 2803-C-1 - Rights of patients in certain medical facilities; long-term care ombudsman program
SECTION 2803-D - Reporting abuses of persons receiving care or services in residential health care facilities
SECTION 2803-E - Residential health care facilities; return and redistribution of unused medication
SECTION 2803-E*2 - Reporting incidents of possible professional misconduct
SECTION 2803-F - Respite projects
SECTION 2803-G - Board of visitors in county owned residential health care facility
SECTION 2803-H - Health related facility; pet therapy programs
SECTION 2803-I - General hospital inpatient discharge review program
SECTION 2803-J - Information for maternity patients
SECTION 2803-J*2 - Nursing home nurse aide registry
SECTION 2803-K - In-patient nasogastric feeding procedures
SECTION 2803-L - Community service plans
SECTION 2803-M - Discharge of hospital patients to adult homes
SECTION 2803-N - Hospital care for maternity patients
SECTION 2803-O - Hospital care for mastectomy, lumpectomy, and lymph node dissection patients
SECTION 2803-O-1 - Required protocols for fetal demise
SECTION 2803-P - Disclosure of information concerning family violence
SECTION 2803-Q - Family councils in residential health care facilities
SECTION 2803-R - Dissemination of information about the abandoned infant protection act
SECTION 2803-S - Access to product recall information
SECTION 2803-T - Preadmission information
SECTION 2803-U - Hospital substance use disorder policies and procedures
SECTION 2803-V - Lymphedema information distribution
SECTION 2803-V*2 - Standing orders for newborn care in a hospital
SECTION 2803-W - Independent quality monitors for residential health care facilities
SECTION 2803-W*2 - Disclosure of information concerning pregnancy complications
SECTION 2803-X - Requirements related to nursing homes and related assets and operations
SECTION 2803-Y - Provision of residency agreement
SECTION 2803-Z - Transfer, discharge and voluntary discharge requirements for residential health care facilities
SECTION 2803-Z*2 - Antimicrobial resistance prevention and education
SECTION 2804 - Units for hospital and health-related affairs
SECTION 2804-A - State task force on clinical practice guidelines and medical technology assessment
SECTION 2805 - Approval of hospitals; operating certificates
SECTION 2805-A - Disclosure of financial transactions
SECTION 2805-B - Admission of patients and emergency treatment of nonadmitted patients
SECTION 2805-C - Every private proprietary nursing home having a capacity of eighty patients or more may have a licensed medical doctor in attendance, upo...
SECTION 2805-D - Limitation of medical, dental or podiatric malpractice action based on lack of informed consent
SECTION 2805-E - Reports of residential health care facilities
SECTION 2805-F - Money deposited or advanced for admittance to nursing homes; waiver void; administration expenses
SECTION 2805-G - Maintenance of records
SECTION 2805-H - Immunizations
SECTION 2805-I - Treatment of sexual offense victims and maintenance of evidence in a sexual offense
SECTION 2805-J - Medical, dental and podiatric malpractice prevention program
SECTION 2805-K - Investigations prior to granting or renewing privileges
SECTION 2805-L - Adverse event reporting
SECTION 2805-M - Confidentiality
SECTION 2805-N - Child abuse prevention
SECTION 2805-O - Identification of veterans and their spouses by nursing homes, residential health care facilities, and adult care facilities
SECTION 2805-P - Emergency treatment of rape survivors
SECTION 2805-Q - Hospital visitation by domestic partner
SECTION 2805-R - Patients unable to verbally communicate
SECTION 2805-S - Circulating nurse required
SECTION 2805-T - Clinical staffing committees and disclosure of nursing quality indicators
SECTION 2805-U - Credentialing and privileging of health care practitioners providing telemedicine services
SECTION 2805-V - Observation services
SECTION 2805-W - Patient notice of observation services
SECTION 2805-X - Hospital-home care-physician collaboration program
SECTION 2805-Y - Identification and assessment of human trafficking victims
SECTION 2805-Z - Hospital domestic violence policies and procedures
SECTION 2806 - Hospital operating certificates; suspension or revocation
SECTION 2806-A - Temporary operator
SECTION 2806-B - Residential health care facilities; revocation of operating certificate
SECTION 2807 - Hospital reimbursement provisions; generally
SECTION 2807-A - General hospital nineteen hundred eighty-six and nineteen hundred eighty-seven inpatient rates and charges
SECTION 2807-AA - Nurse loan repayment program
SECTION 2807-B - Outstanding payments and reports due under subdivision eighteen of section twenty-eight hundred seven-c, sections twenty-eight hundred se...
SECTION 2807-C - General hospital inpatient reimbursement for annual rate periods beginning on or after January first, nineteen hundred eighty-eight
SECTION 2807-D - Hospital assessments
SECTION 2807-DD - Temporary nursing home stability contributions
SECTION 2807-D-1 - Hospital quality contributions
SECTION 2807-E - Uniform bills
SECTION 2807-F - Health maintenance organization payment factor
SECTION 2807-I - Service and quality improvement grants
SECTION 2807-J - Patient services payments
SECTION 2807-K - General hospital indigent care pool
SECTION 2807-L - Health care initiatives pool distributions
SECTION 2807-M - Distribution of the professional education pools
SECTION 2807-N - Palliative care education and training
SECTION 2807-O - Early intervention services pool
SECTION 2807-P - Comprehensive diagnostic and treatment centers indigent care program
SECTION 2807-R - Funding for expansion of cancer services
SECTION 2807-S - Professional education pool funding
SECTION 2807-T - Assessments on covered lives
SECTION 2807-U - Transfers for tax credits
SECTION 2807-V - Tobacco control and insurance initiatives pool distributions
SECTION 2807-W - High need indigent care adjustment pool
SECTION 2807-X - Grants for long term care demonstration projects
SECTION 2807-Y - Pool administration
SECTION 2807-Z - Review of eligible federally qualified health center capital projects
SECTION 2808 - Residential health care facilities; rates of payment
SECTION 2808-A - Liability of certain persons
SECTION 2808-B - Certification of financial statements and financial information
SECTION 2808-C - Reimbursement of general hospital inpatient services
SECTION 2808-D - Nursing home quality improvement demonstration program
SECTION 2808-E - Residential health care for children with medical fragility in transition to young adults and young adults with medical fragility demonst...
SECTION 2808-E*2 - Nursing home ratings
SECTION 2809 - Residential health care facilities; powers to require security
SECTION 2810 - Residential health care facilities; receivership
SECTION 2811 - Discounts and splitting fees with medical referral services; prohibited
SECTION 2812 - Construction
SECTION 2813 - Separability
SECTION 2814 - Health networks, global budgeting, and health care demonstrations
SECTION 2815 - Health facility restructuring program
SECTION 2815-A - Community health care revolving capital fund
SECTION 2816 - Statewide planning and research cooperative system
SECTION 2816-A - Cardiac services information
SECTION 2817 - Community health centers capital program
SECTION 2818 - Health care efficiency and affordability law of New Yorkers (HEAL NY) capital grant program
SECTION 2819 - Hospital acquired infection reporting
SECTION 2820 - Home based primary care for the elderly demonstration project
SECTION 2821 - State electronic health records (EHR) loan program
SECTION 2822 - Residential care off-site facility demonstration project
SECTION 2823 - Supportive housing development program
SECTION 2824 - Central service technicians
SECTION 2824*2 - Surgical technology and surgical technologists
SECTION 2825 - Capital restructuring financing program
SECTION 2825-A - Health care facility transformation program: Kings county project
SECTION 2825-B - Oneida county health care facility transformation program: Oneida county project
SECTION 2825-C - Essential health care provider support program
SECTION 2825-D - Health care facility transformation program: statewide
SECTION 2825-E - Health care facility transformation program: statewide II
SECTION 2825-F - Health care facility transformation program: statewide III
SECTION 2825-G - Health care facility transformation program: statewide IV
SECTION 2825-H - Health care facility transformation program: statewide V
SECTION 2826 - Temporary adjustment to reimbursement rates
SECTION 2827 - Plant-based food options
SECTION 2828 - Residential health care facilities; minimum direct resident care spending
SECTION 2828*2 - Essential support persons allowed for individuals with disabilities during a state of emergency
SECTION 2829 - Nursing homes; disclosure requirements
SECTION 2830 - Surgical smoke evacuation
SECTION 2830*2 - Regulation of the billing of facility fees

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