N.Y. Public Health Law § 2808-d: Nursing home quality improvement demonstration program

§ 2808-d. Nursing home quality improvement demonstration program. 1.

Notwithstanding any law, rule or regulation to the contrary, the

commissioner shall, within amounts appropriated and subject to the

availability of federal financial participation, establish a

demonstration program to improve the quality of care for nursing home

residents through the increase or improvement of direct care staff at

nursing homes. In furtherance of such demonstration program the

commissioner shall adjust the Medicaid rates of payment to nursing

homes, selected pursuant to a competitive process, provided, however,

that payments made pursuant to this section to public residential health

care facilities shall be made as grants and shall not be deemed medical

assistance payments. Requests for proposals for eligible projects shall

be issued by the commissioner, provided however that the commissioner

shall not issue any new requests for proposals after December

thirty-first, two thousand four and all awards for subsequent annual

periods shall be distributed on the same proportional basis as the most

recent available distribution. After December thirty-first, two thousand

four, awardees may use funds received for any of the purposes listed in

subdivision two of this section, without restriction.

2. Such eligible projects may include:

(a) an increase in direct care staff, either facility wide or targeted

at a particular area of care or shift;

(b) increased training and education of direct care staff, including

allowing direct care staff to increase their level of licensure relevant

to nursing home care;

(c) efforts to decrease staff turn-over; and

(d) other efforts related to the recruitment and retention of direct

care staff that will effect the quality of care at such facility.

3. The commissioner shall consider, in selecting projects, the

likelihood that such project will improve the care for the residents of

the facility, the financial need of the nursing home and such other

matters as the commissioner deems appropriate.

4. Grants and adjustments to Medicaid rates of payment made pursuant

to this section shall not, in aggregate, exceed sixty-two million five

hundred thousand dollars for the period beginning April first, two

thousand two and ending December thirty-first, two thousand two, and, on

an annualized basis, for each annual period thereafter beginning January

first, two thousand three and ending December thirty-first, two thousand

four, and shall not, in aggregate, exceed forty-six million eight

hundred seventy-five thousand dollars for the period July first, two

thousand five through December thirty-first, two thousand five and shall

not, in aggregate, on an annualized basis, exceed seventy-eight million

one hundred twenty-five thousand dollars for the period January first,

two thousand six through December thirty-first, two thousand six and

sixty-two million five hundred thousand dollars for the period January

first, two thousand seven through June thirtieth, two thousand seven.

5. Adjustments to Medicaid rates of payment made pursuant to this

section shall not be subject to subsequent adjustment or reconciliation.

6. Notwithstanding any other provisions of this section or any other

contrary provision of law, the commissioner may, from funds allocated

pursuant to subparagraph (ii) or (iii) or (iv) of paragraph (u) of

subdivision one of section twenty-eight hundred seven-v of this article,

in calendar year two thousand five, make grants in an aggregate amount

not to exceed twelve million five hundred thousand dollars, to

residential health care facilities in support of projects or programs

designed to improve specific areas of quality of care, as determined by

the commissioner using established measures of such quality of care, and

provided further the commissioner may, from funds allocated pursuant to

paragraph (u) of subdivision one of section twenty-eight hundred seven-v

of this article, for the period January first, two thousand six through

June thirtieth two thousand seven, make grants in an aggregate amount

not to exceed thirty-five million dollars on an annualized basis, to

residential health care facilities that have an arbitrator's decision

rendered before April first, two thousand six, requiring payments

related to the recruitment and retention of direct care staff, including

salary and benefits. Each eligible facility shall receive a payment

amount proportional to the amount each such facility owes pursuant to

the arbitrator's decision compared to such amounts owed by all eligible

facilities.