Posted on March 17, 2009
Chapter 627 (Hannon): This chapter allows the Commissioner of the Department of Health to approve an application for a certificate of authority from Hebrew Home, an applicant which, as a result of the federal moratorium on Medicare Special Needs Plans, cannot achieve full capitation. The Hebrew Home at Riverdale, which provides care to the elderly in a warm, homelike environment and in a manner which preserves and enhances independence and dignity, received a Senate designation as a managed long term care program (MLTCP) in August 2006. At that time, the law required an MLTCP to demonstrate a capability of achieving full capitation for Medicare services. On April 1, 2007, the state law changed to require MLTCP plans to achieve (not just demonstrate capability of achieving) full capitation for Medicare services. In order to fulfill this requirement, an MLTCP plan needed to be approved as a Medicare Special Needs Plan. However, in December 2007, the federal government imposed a moratorium on approvals of Special Needs Plans. Prior to enactment of this law, Hebrew Home was, thus, through no fault of its own, deprived of the opportunity to serve New York State citizens who would benefit from participation in a managed long term care program. Signed by Governor Paterson on September 25, 2008, the provisions of this chapter became effective immediately. (S.7754-A/A.11000-A)
