N.Y. Public Health Law § 2802-a: Transitional care unit demonstration program

§ 2802-a. Transitional care unit demonstration program. 1.

Notwithstanding any other provision of law to the contrary, the

commissioner is authorized to approve up to eighteen general hospitals

within the state to operate transitional care units by and within such

general hospitals. For purposes of this section, "transitional care"

shall mean sub acute care services provided to patients of a general

hospital who no longer require acute care general hospital inpatient

services, but continue to need specialized medical, nursing and other

hospital ancillary services and are not yet appropriate for discharge.

2. In order to receive approval from the commissioner to operate a

transitional care unit and to provide transitional care services, a

general hospital shall file an application on forms prescribed by or

acceptable to the commissioner.

(a) The commissioner shall act upon such applications in a manner

consistent with section twenty-eight hundred two of this article

provided that the commissioner may not waive review and recommendation

by the public health and health planning council. In the public health

and health planning council's evaluation of applications and the

commissioner acting upon such applications, priority shall be given to

applicants who have a memorandum of understanding or other cooperative

agreement with one or more skilled nursing facilities located within

their service area. Further, in the public health and health planning

council evaluating applications and the commissioner acting upon such

applications, consideration shall also be given to the geographic

distribution of applicants throughout the state, so that applications

may be approved from the various geographic regions of the state.

(b) The care provided in a transitional care unit shall be limited in

duration and designed to resolve a patient's sub acute care medical

problems and result in the timely and appropriate discharge of such a

patient to a home, residential health care facility or other appropriate

setting.

(c) In order to be approved to operate a transitional care unit and to

provide transitional care services, an applicant must comply with and

meet all applicable requirements of and conditions of participation

under title XVIII of the federal Social Security Act (Medicare).

3. The commissioner shall report to the governor and the legislature

concerning the implementation of this section and the operation of

transitional care units within three years after the effective date of

this section.