New York Laws
Title 11 - Medical Assistance for Needy Persons
367-P*2 - Payment for Limited Home Care Services Agencies.

* § 367-p. Payment for limited home care services agencies. 1.
Notwithstanding any law to the contrary, the commissioner shall, subject
to the approval of the director of the budget, establish rates of
payment for services provided by limited home care services agencies,
licensed by the department of health pursuant to section thirty-six
hundred five of the public health law, to eligible individuals who are
residents of adult homes and enriched housing programs certified by the
department in accordance with article seven of this chapter. Services
for which reimbursement shall be available are personal care services
provided directly by the agency and authorized and provided in
accordance with the rules and regulations of the department; and the
administration of medications and application of sterile dressings by a
registered nurse provided, however, that the services provided by such
agency are not services that must be provided to residents of such
facilities pursuant to article seven of this chapter.

2. Notwithstanding any law to the contrary, a limited home care
services agency licensed by the department of health shall be reimbursed
at a rate that is significantly less than the current costs of providing
such services through a personal care provider or certified home health
agency in the same service area.

3. For purposes of this section, an eligible individual means an
individual who is eligible for medical assistance, as determined by the
appropriate social services district, which has also determined that
such individual has a medical need for services and that such
individual's needs can safely and appropriately be met by the limited
home care services agency in the adult home or enriched housing program.

4. Prior to authorizing payment for services provided to an eligible
individual by a limited home care services agency, the appropriate
social services district must determine that the service proposed to be
provided by such agency is cost-effective in comparison to other
available and appropriate service delivery options available in the
district.

5. The commissioner of health shall establish rates of payment for
services provided pursuant to this section by November fifteenth,
nineteen hundred ninety-seven.

* NB Expires June 30, 2025

* NB There are 2 § 367-p's

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