STATE OF NEW YORK ________________________________________________________________________ 1476 2025-2026 Regular Sessions IN ASSEMBLY January 9, 2025 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to medically fragile young adults; to amend a chapter of the laws of 2024 amending the public health law relating to medically fragile young adults and pediatric specialized nursing facilities, as proposed in legislative bills numbers S. 5969-A and A. 3674-A, in relation to the effective- ness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2831 of the public health law, as added by a chap- 2 ter of the laws of 2024 amending the public health law relating to 3 medically fragile young adults and pediatric specialized nursing facili- 4 ties, as proposed in legislative bills numbers S. 5969-A and A. 3674-A, 5 is amended to read as follows: 6 § 2831. Medically fragile young adults. 1. For purposes of this 7 section, "medically fragile young adults" shall [have the same meaning 8 as the term "medically fragile children" as set forth in subdivision 9 three-a of section thirty-six hundred fourteen of this chapter and shall 10 include medically fragile young adults who currently reside at a pedia- 11 tric specialized nursing facility and are over twenty-one years of age] 12 mean individuals who meet the definition of children with medical 13 fragility, but for the fact such individuals are aged between twenty-one 14 and thirty-five years old. 15 2. The department shall promulgate rules and regulations to allow 16 medically fragile young adults who reside in pediatric specialized nurs- 17 ing facilities to remain at such facilities [after reaching the age of 18 twenty-one and until they reach the age of thirty-six]. Unless a higher 19 reimbursement rate is expressly authorized by the department, the 20 reimbursement rate and methodology for such medically fragile young 21 adults shall remain the same as it was prior to reaching age twenty-one EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02931-01-5
A. 1476 2 1 and shall include a daily per diem rate and coverage for bed holds. 2 Medicaid reimbursement for this population for reserved beds due to 3 hospitalization and for therapeutic and hospice leaves of absence must 4 remain at one hundred percent of the Medicaid rate of medically fragile 5 children, without any daily limit for this population. 6 3. This section shall be effective if, and as long as, federal finan- 7 cial participation is available therefor. 8 § 2. Section 2 of a chapter of the laws of 2024 amending the public 9 health law relating to medically fragile young adults and pediatric 10 specialized nursing facilities, as proposed in legislative bills numbers 11 S. 5969-A and A. 3674-A, is amended to read as follows: 12 § 2. This act shall take effect [on the one hundred twentieth day] 13 nine months after it shall have become a law. Effective immediately, the 14 addition, amendment and/or repeal of any rule or regulation necessary 15 for the implementation of this act on its effective date are authorized 16 to be made and completed on or before such date. 17 § 3. This act shall take effect immediately; provided however, that 18 section one of this act shall take effect on the same date and in the 19 same manner as a chapter of the laws of 2024 amending the public health 20 law relating to medically fragile young adults and pediatric specialized 21 nursing facilities, as proposed in legislative bills numbers S. 5969-A 22 and A. 3674-A, takes effect.