2010 New York Code
PBH - Public Health
Article 28 - (2800 - 2822) HOSPITALS
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 state hospital review and planning council. In the state hospital
  review  and  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 state hospital review and 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.
    * NB Effective until December 1, 2010
    * (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.
    * NB Effective December 1, 2010
    (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.