New York Laws
Title 11 - Medical Assistance for Needy Persons
367-S - Long Term Care Demonstration Program.

(b) Eligible certified home health agencies shall:
(i) demonstrate they have the experience and resources to provide
services to individuals who are discharged from hospitals or residential
health care facilities with clinically complex care needs, as determined
in accordance with criteria established by the commissioner.
(ii) demonstrate that they are capable of meeting such other
conditions as may be established by the commissioner.
(c) In selecting eligible certified home health agencies, the
commissioner shall consider the likelihood that the agency will provide
improved availability of care and may consider such other matters as the
commissioner deems appropriate.
(d) The adjusted Medicaid rate pursuant to this subdivision shall be
available for eligible certified home health agencies for services
provided to individuals, eligible for medical assistance pursuant to
this title, who are discharged from a hospital or residential health
care facility and have clinically complex care needs, as determined in
accordance with criteria established by the commissioner. Such rate
shall be payable for services provided up to the first sixty days after
discharge from a hospital or residential health care facility.
4. One or more demonstration sites established pursuant to this
section may include the provision of respite care through innovative
models. Subject to the approval of the director of the division of the
budget, the commissioner is authorized to establish payment rates or
fees for services provided pursuant to this subdivision.
5. One or more of the demonstration sites established pursuant to this
section may include a program with authority to make payments for
personal care services that are provided by a consumer's family members.
* NB There are 2 § 367-s's

Structure New York Laws