New York Laws
Title 11 - Medical Assistance for Needy Persons
364-B - Residential and Medical Care Placement Demonstration Projects.

* § 364-b. Residential and medical care placement demonstration
projects. 1. Notwithstanding any inconsistent provisions of this
chapter or any other law to the contrary, social services districts are
hereby authorized to conduct or participate in time-limited
demonstration projects for the purpose of demonstrating the feasibility
of reducing medical assistance expenditures for care in residential
health facilities by utilizing medical assistance funds for: (a)
conducting initial assessments of, and performing case management
functions, for (i) persons financially eligible for medical assistance
pursuant to this title who request long term care services, and (ii)
persons whether or not otherwise financially eligible for medical
assistance who seek care in or discharge from a residential health care
facility or a congregate care facility as described in section two
hundred nine of this chapter, and (b) providing social services and
medical supplies determined to be necessary and appropriate as a result
of assessments conducted pursuant to paragraph (a) hereof, to those
persons participating in an approved project who are otherwise eligible
to receive medical assistance, whether or not such services or supplies
are authorized to be provided under this title; provided, however, that
no such additional services or supplies provided hereunder shall be
subject to state reimbursement unless prior approval to provide such
services or supplies to persons eligible for medical assistance has been
granted by the department. Such demonstration projects may be conducted
or participated in by a social services district only in accordance with
a plan submitted to the department on or before the thirtieth day of
June, nineteen hundred seventy-seven, and only to the extent and period
for which such plan has been approved or from time to time extended by
the commissioner.

2. Any plan submitted pursuant to this section shall provide that in
any case in which it is determined by an assessment conducted in
accordance with such a project that placement in a skilled nursing
facility or an intermediate care facility would be appropriate, such
placement shall be subject to review and approval by the department of
health provided, however, that the commissioner of health may delegate
preplacement assessment review function to such a project. In addition,
any plan submitted pursuant to this section shall include a description
of any assessment methodology utilized in determining the
appropriateness of placements in skilled nursing facilities or
intermediate care facilities and any such plan may be approved by the
commissioner only after such methodology has been submitted to the
department of health for its review and comment.

3. Notwithstanding any inconsistent provision of law to the contrary,
expenditures made in connection with an approved residential and medical
care placement demonstration project for assessments, case management
and social services and medical supplies authorized to be provided by
this title or approved by the department, shall be subject to state
reimbursement under section three hundred sixty-eight-a of the social
services law in accordance with a schedule of maximum reimbursable
amounts established by the department for such services and supplies.

4. Notwithstanding any inconsistent provision of this chapter or any
other law to the contrary, the commissioner may, subject to the approval
of the director of the budget, approve such demonstration projects and
apply for the appropriate waivers under federal law and regulation and
may waive: (a) any provision of this title or regulation of the
department as may be necessary to make medical assistance funds
available for initial assessment and performing case management
functions for persons participating in such approved projects without
regard to their eligibility to participate in the medical assistance

program and when appropriate, providing additional approved social
services and medical supplies, not otherwise authorized under this
title, to persons participating in such approved projects who are
otherwise eligible to participate in the medical assistance program; and
(b) such department regulations relating thereto as may be necessary to
enable a social services district to carry out such project.

5. The commissioner shall require that a final independent evaluation
be made of any demonstration project approved and conducted hereunder in
a form mutually agreed upon by him and the state commissioner of health,
and shall provide copies of such report to the governor and to the
legislature. In addition the commissioner shall submit annual interim
reports on the progress of each project to the governor and legislature
by the first day of February of each year.

* NB Expired September 30, 1986

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