N.Y. Public Health Law § 2999-hh: Medical respite program

§ 2999-hh. Medical respite program. 1. Definitions. As used in this

article, the following terms shall have the following meanings, unless

the context clearly otherwise requires:

(a) "Medical respite program" means a not-for-profit corporation

certified pursuant to subdivision two of this section to serve

recipients whose prognosis or diagnosis necessitates the receipt of:

(i) Temporary room and board; and

(ii) The provision or arrangement of the provision of health care and

support services; provided, however, that the operation of a medical

respite program shall be separate and distinct from any housing programs

offered to individuals who do not qualify as recipients.

(b) "Recipient" means an individual who:

(i) Has a qualifying health condition that requires treatment or care;

(ii) Does not require hospital inpatient, observation unit, or

emergency room level of care, or a medically indicated emergency

department or observation visit; and

(iii) Is experiencing homelessness or at imminent risk of

homelessness. A person shall be deemed "homeless" if they lack a fixed,

regular and adequate nighttime residence in a location ordinarily used

as a regular sleeping accommodation for people; provided, however, that

an operator of a medical respite program shall be permitted to

specialize by providing services to a subpopulation of homeless

recipients if necessary to respond to community need or ensure the

availability of a funding source that will support the medical respite

program's operations, and such limitations are otherwise consistent with

any rules or regulations made pursuant to this section.

2. Certification. (a) Notwithstanding any inconsistent provision of

law, the commissioner may certify a not-for-profit corporation as an

operator of a medical respite program.

(b) The commissioner may make regulations to establish procedures to

review and approve applications for a certification pursuant to this

article, which shall, at a minimum, specify standards for: recipient

eligibility; medical respite program services that shall be provided;

physical environment; staffing; and policies and procedures governing

health and safety, length of stay, referrals, discharge, and

coordination of care.

3. Operating standards; responsibility for standards. (a) Medical

respite programs certified pursuant to this article shall:

(i) Provide recipients with temporary room and board; and

(ii) Provide, or arrange for the provision of, health care and support

services to recipients.

(b) Nothing in this article shall affect the application,

qualification, or requirements that may apply to an operator with

respect to any other licenses or operating certificates that such

operator may hold, including, without limitation, under article

twenty-eight of this chapter or article seven of the social services

law.

4. Temporary accommodation. A medical respite program shall be

considered a form of emergency shelter or temporary shelter for purposes

of determining a recipient's eligibility for housing programs or

benefits administered by the state or by a local social services

district, including programs or benefits that support access to

accommodations of a temporary, transitional, or permanent nature. No

claim of recovery shall accrue against a recipient to recover the cost

of care and services provided under this article. Care and services

provided under this article shall not be deemed public benefits that

would affect a recipient's immigration status under federal law.

5. Inspections and compliance. The commissioner shall have the

authority to inquire into the operation of any certified medical respite

program and to conduct periodic inspections of facilities with respect

to the fitness and adequacy of the premises, equipment, personnel, rules

and by-laws, standards of medical care and services, system of accounts,

records, and the adequacy of financial resources and sources of future

revenues.

6. Suspension or revocation of certification. (a) A certification for

a medical respite program may be revoked, suspended, limited, annulled

or denied by the commissioner, in consultation with either the

commissioners of the office of mental health, the office of temporary

and disability assistance, or the office of addiction services and

supports, as appropriate based on a determination of the department

depending on the diagnosis or stated needs of the individuals being

served or proposed to be served in the medical respite program, if an

operator is determined to have failed to comply with this article or the

rules and regulations made pursuant to this section. No action taken

against an operator under this subdivision shall affect an operator's

other licenses or certifications; provided however, that the facts that

gave rise to the revocation, suspension, limitation, annulment or denial

of certification may also form the basis of a limitation, suspension of

revocation of such other licenses or certifications.

(b) No medical respite program certification shall be revoked,

suspended, limited, annulled or denied without a hearing; provided that

a certification may be temporarily suspended or limited without a

hearing for a period not in excess of thirty days upon written notice

that the continuation of the medical respite program places the health

or safety of the recipients in imminent danger, and that the action is

in the interest of the recipients. However, the department shall not

make a determination until the program has had a reasonable opportunity,

following the initial determination that the program places the health

or safety of the recipients in imminent danger, to correct its

deficiencies and following this period, which shall be up to thirty

calendar days, has been given written notice and opportunity for

hearing.

(c) Nothing in this section shall prevent the commissioner from

imposing sanctions or penalties on a medical respite program that are

authorized under any other law or regulation.

7. The commissioner shall promulgate regulations to implement this

article.