* § 2808-e. Residential health care for children with medical\nfragility in transition to young adults and young adults with medical\nfragility demonstration program. 1. Notwithstanding any law, rule, or\nregulation to the contrary, the commissioner shall, within amounts\nappropriated and subject to the availability of federal financial\nparticipation, establish a demonstration program for two eligible\npediatric residential health care facilities, as defined in paragraph\n(d) of subdivision two of this section, to construct a new facility or\nrepurpose part of an existing facility to operate as a young adult\nresidential health care facility for the purpose of improving the\nquality of care for young adults with medical fragility.\n 2. For purposes of this section:\n (a) "children with medical fragility" shall mean children up to\ntwenty-one years of age who have a chronic debilitating condition or\nconditions, are at risk of hospitalization, are technology-dependent for\nlife or health sustaining functions, require complex medication regimens\nor medical interventions to maintain or to improve their health status,\nand/or are in need of ongoing assessment or intervention to prevent\nserious deterioration of their health status or medical complications\nthat place their life, health or development at risk.\n (b) "young adults with medical fragility" shall mean individuals who\nmeet the definition of children with medical fragility, but for the fact\nsuch individuals are aged between eighteen and thirty-five years old.\n (c) "pediatric residential health care facility" shall mean a\nresidential health care facility or discrete unit of a residential\nhealth care facility providing services to children under the age of\ntwenty-one.\n (d) "eligible pediatric residential health care facilities" shall mean\npediatric health care facilities that meet the following eligibility\ncriteria for the demonstration program set forth in subdivision one of\nthis section: (i) has over one hundred and sixty licensed pediatric\nbeds; or (ii) is currently licensed for pediatric beds pursuant to this\narticle, is co-operated by a system of hospitals licensed pursuant to\nthis article, and such hospitals qualify for funds pursuant to a vital\naccess provider assurance program or a value based payment incentive\nprogram, as administered by the department in accordance with all\nrequirements set forth in the state's federal 1115 Medicaid waiver\nstandard terms and conditions.\n 3. Notwithstanding any law, rule, or regulation to the contrary, any\nchild with medical fragility who has resided for at least thirty\nconsecutive days in an eligible pediatric residential health care\nfacility and who has reached the age of twenty-one while a resident, may\ncontinue residing at such eligible pediatric residential health care\nfacility and receiving such services from the facility, provided that\nsuch young adult with medical fragility remains eligible for nursing\nhome care, and provided further that the eligible pediatric residential\nhealth care facility has prepared, applied for, and submitted to the\ncommissioner, a proposal for a new residential health care facility for\nthe provision of extensive nursing, medical, psychological and\ncounseling support services to young adults with medical fragility in\naccordance with subdivision four of this section. A young adult with\nmedical fragility may remain in such eligible pediatric residential\nhealth care facility until such time that the young adult with medical\nfragility attains the age of thirty-five years or the young adult\nresidential health care facility is constructed and becomes operational,\nwhichever is sooner.\n 4. Upon receipt of a certificate of need application from an eligible\npediatric residential health care facility selected by the commissioner\nfor the demonstration program authorized under this section, the\ncommissioner is authorized to approve, with the written approval of th
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