In a major victory for medically fragile residents statewide, New York State Senator Pete Harckham and Assemblymember J. Gary Pretlow announced today that their legislation protecting young adults requiring specialized care past the age of 21 has been signed into law by Governor Kathy Hochul.
“Quality care for individuals who are medically fragile is both personalized and complex, so their life expectancy often plummets when they are transferred to adult nursing homes,” said Senator Harckham. “This law ensures that special young adults, who have had to endure so much in their lives, will no longer be summarily and routinely removed from programs and facilities that have provided then with a safe and nurturing haven for numerous years. I thank Assemblymember Pretlow and Senate Majority Leader Andrea Stewart-Cousins and Governor Hochul for their important roles in enacting this much-needed bill into law. Most of all, I thank the staff members and healthcare professionals at these facilities for the incredible care they provide.”
“The signing of S5969A is an important step forward in supporting some of our most vulnerable young adults and their families,” said Majority Leader Stewart-Cousins. “I have been a long-time champion of this legislation and the facilities that protect and care for medically frail individuals. These patients deserve specialized, compassionate, and tailored care, and this legislation ensures they can remain in the facilities that provide the expertise and familiarity so critical to their well-being. I commend Governor Hochul for signing this legislation into law, Assemblymember Pretlow for his tireless advocacy in the Assembly, and Senator Harckham for championing this effort in the Senate.”
“I am deeply grateful that Governor Hochul has signed this critical legislation into law.,” said Assemblymember Pretlow. “By allowing medically fragile young adults to remain in pediatric specialized nursing facilities until age 36, we are ensuring they receive the compassionate and specialized care they deserve. This law affirms our commitment to supporting some of our most vulnerable residents and their families, providing them with stability and peace of mind during challenging times.”
Medically fragile children require intense and specialized care. The new law (S.5969A / A.3674) allows young adults to continue to receive the specialized care afforded them as children once they have attained the age of 21 through the age of 36.
Although New York State enacted a law in 2021 to allow for the construction of two new specialized care facilities for the children aging out of the system at age 21, these facilities are not yet operational, and they likely will not have the capacity to serve all the State’s eligible population in any event. Currently, there are only six specialized care facilities for these medically fragile residents who are 21 and over.
New York’s pediatric nursing homes generally work to accommodate residents who are aging out of their facilities by allowing them to remain longer and maintaining the pediatric rate for care. The newly enacted law will codify this practice.
Additionally, this new law provides that medically fragile adults between 21 and 53 are entitled to the same 100% of the Medicaid rate for medically fragile children.
In many ways, the new law addresses a growing need. Diagnoses for medically fragile children have increased significantly over the past two decades. Moreover, thanks to advances in medicine and care, these individuals are living longer as well.
Ari Friedman, co-owner of Sunshine Children’s Home and Rehabilitation Center in Ossining, said, “I want to express my heartfelt gratitude to Senator Harckham and Assemblymember Pretlow for their tireless efforts and unwavering commitment in shepherding this bill to the finish line. This vital new law ensures continued care for medically fragile children as they transition into adulthood. Indeed, this will have a lasting and meaningful impact on these children and their families. We could not have achieved this milestone without the steadfast efforts of our legislators, and we are truly appreciative to Governor Hochul for enacting the law.”
