2019 New York Laws
PBH - Public Health
Article 28 - 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  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.