N.Y. Public Health Law § 3615: State aid to certified home health agencies

* § 3615. State aid to certified home health agencies. 1. State aid

shall be provided to certified home health agencies to assist in

developing and ensuring their capacity to meet community need. Funds for

such aid shall be made available each year in an amount equal to

twenty-five cents per capita of the population within each health

systems agency region, as established pursuant to article twenty-nine of

this chapter, or two hundred thousand dollars, whichever is greater. Two

million five hundred thousand dollars shall be for the state's share of

payments provided pursuant to subdivision five of section thirty-six

hundred fourteen of this article. The remaining amount shall be for

purposes of providing grants pursuant to this section and sections

thirty-six hundred seven and thirty-six hundred nine of this article.

2. For purposes of funding grants pursuant to sections thirty-six

hundred seven and thirty-six hundred nine of this article and grants

pursuant to this section, the commissioner shall allocate the proportion

of funds among the health systems agency regions using the last

preceding federal census or other census data approved by the

comptroller.

3. Such annual funds allocated to each health systems agency region

shall be made available for grants to applicants within each such region

which are determined eligible and approved by the commissioner pursuant

to the provisions of this section and sections thirty-six hundred seven

and thirty-six hundred nine of this article.

4. In order to be considered eligible for receipt of a grant pursuant

to this section, a certified home health agency shall submit an

application to the department. Such application shall demonstrate, to

the satisfaction of the commissioner, that the agency:

(a) received a certificate of approval pursuant to the provisions of

section thirty-six hundred eight of this article at least two years

prior to the date of the application and that such certificate has not

been revoked or annulled subsequent to its receipt and is not limited as

of the time of application;

(b) shall utilize grant funds to provide home care services to persons

whose residence is in an area which, due to location, is more costly to

serve, or persons whose conditions require a more intensive level of

home care than typically provided in a visit;

(c) shall undertake reasonable efforts to maintain financial support

from public and community contributed funding sources;

(d) shall make every reasonable effort to collect payments for

services from third party insurance payers, governmental payers and

self-paying patients;

(e) shall have professional assistance available on a seven day per

week, twenty-four hour per day basis;

(f) shall establish a reasonable relationship between costs and

charges, or establish charges at approximate cost; and

(g) has no other available financial resources to serve the

populations as identified in paragraph (b) of this subdivision.

5. For the purpose of this section and sections thirty-six hundred

seven and thirty-six hundred nine of this article, a grant applicant

shall submit a copy of its application to the health systems agency in

whose region the applicant is located.

6. For the purpose of this section and sections thirty-six hundred

seven and thirty-six hundred nine of this article, each health systems

agency shall convene an advisory group with representatives from, but

not limited to, local departments of health, including those organized

and unorganized as county and part-county health districts, social

services districts, offices for the aging, certified home health

agencies, and consumers of home health agency services. Such advisory

group, after considering recommendations from persons involved in or

knowledgeable about home care services delivered in that region, shall,

consistent with state and regional health plans, identify priority

regional and local needs for the purposes identified in this section and

sections thirty-six hundred seven and thirty-six hundred nine of this

article. The health systems agency shall provide to the commissioner

the recommendations of the advisory group regarding which grant

applications meet regional and local needs, as well as the advisory

group's prioritization of applications.

7. For the purposes of this section and sections thirty-six hundred

seven and thirty-six hundred nine of this article, the commissioner

shall approve applications for grants which meet the requirements of

this section pursuant to which the application is submitted and rules

and regulations adopted pursuant thereto. In approving such

applications, the commissioner shall take into prime consideration the

recommendations of the advisory group convened by the health systems

agency in whose region the applicants are located and also take into

consideration other applications submitted by the same applicant for

grants submitted pursuant to such sections. The commissioner shall

notify each advisory group and each applicant in writing of his approval

or disapproval and, if disapproval, shall state the reasons for

disapproval.

8. Grants approved for the purposes of this section may be made each

year for up to a two-year period or until the costs for such services

provided by virtue of receipt of the grant are included in rates of

payment, whichever is sooner. Certified home health agencies which

receive grants pursuant to this section may reapply for grants and may

be approved if the applicant satisfies the requirements of subdivision

four of this section and rules and regulations adopted pursuant to this

section.

9. In the event that a public certified home health agency is approved

for a grant, pursuant to this section, funds provided under the grant

shall not reduce the amount of aid otherwise reimbursable to such agency

pursuant to article six of this chapter.

10. The commissioner is authorized to promulgate such rules and

regulations, as are necessary to carry out the provisions of this

section. Such rules and regulations may include, but not be limited to,

minimum and maximum grant levels.

11. Recipients of grants shall submit to the commissioner reports on

the use of grants provided under this section at such times and in such

format as the commissioner may prescribe.

* NB Effective until June 30, 2029

* § 3615. State grants to certified home health agencies. 1. State

grants shall be provided to certified home health agencies to assist in

developing and ensuring their capacity to meet community need. Funds for

such grants shall be made available each year in an amount equal to

twenty-five cents per capita of the population within each health

systems agency region, as established pursuant to article twenty-nine of

this chapter, or two hundred thousand dollars, whichever is greater.

2. The commissioner shall allocate the proportion of funds among the

health systems agency regions using the last preceding federal census or

other census data approved by the comptroller.

3. Seventy-five percent of such annual funds allocated to each health

systems agency region shall be made available for grants to certified

home health agencies within each such region which are determined

eligible and approved by the commissioner pursuant to this section.

Twenty-five percent of such annual funds allocated to each health

systems agency region shall be made available for grants to applicants

within each such region which are determined eligible and approved by

the commissioner pursuant to the provisions of sections thirty-six

hundred seven and thirty-six hundred nine of this article.

Notwithstanding such percentages, in the event that grants approved

under either percentage category are less than the amount available

pursuant to such percentage, the remaining amount shall be added to and

deemed available for the purposes of the other percentage amount.

4. In order to be considered eligible for receipt of a grant pursuant

to this section, a certified home health agency shall submit an

application to the department. Such application shall demonstrate, to

the satisfaction of the commissioner, that the agency:

(a) received a certificate of approval pursuant to the provisions of

section thirty-six hundred eight of this article at least two years

prior to the date of the application and that such certificate has not

been revoked or annulled subsequent to its receipt and is not limited as

of the time of application;

(b) shall utilize grant funds to provide home care services to persons

of low income who are not otherwise eligible for government sponsored

programs or not covered by insurance, persons whose residence is in an

area which, due to location, is more costly to serve, or persons whose

conditions require a more intensive level of home care than typically

provided in a visit;

(c) shall undertake reasonable efforts to maintain financial support

from public and community contributed funding sources;

(d) shall make every reasonable effort to collect payments for

services from third party insurance payers, governmental payers and

self-paying patients;

(e) shall have professional assistance available on a seven day per

week, twenty-four hour per day basis;

(f) shall establish a reasonable relationship between costs and

charges, or establish charges at approximate cost; and

(g) has no other available financial resources to serve the

populations as identified in paragraph (b) of this subdivision.

5. For the purpose of this section and sections thirty-six hundred

seven and thirty-six hundred nine of this article, a grant applicant

shall submit a copy of its application to the health systems agency in

whose region the applicant is located.

6. For the purpose of this section and sections thirty-six hundred

seven and thirty-six hundred nine of this article, each health systems

agency shall convene an advisory group with representatives from, but

not limited to, local departments of health, including those organized

and unorganized as county and part-county health districts, social

services districts, offices for the aging, certified home health

agencies, and consumers of home health agency services. Such advisory

group, after considering recommendations from persons involved in or

knowledgeable about home care services delivered in that region, shall,

consistent with state and regional health plans, identify priority

regional and local needs for the purposes identified in this section and

sections thirty-six hundred seven and thirty-six hundred nine of this

article. The health systems agency shall provide to the commissioner

the recommendations of the advisory group regarding which grant

applications meet regional and local needs, as well as the advisory

group's prioritization of applications.

7. For the purposes of this section and sections thirty-six hundred

seven and thirty-six hundred nine of this article, the commissioner

shall approve applications for grants which meet the requirements of

this section pursuant to which the application is submitted and rules

and regulations adopted pursuant thereto. In approving such

applications, the commissioner shall take into consideration the

recommendations of the advisory group convened by the health systems

agency in whose region the applicants are located and also take into

consideration other applications submitted by the same applicant for

grants submitted pursuant to such sections. The commissioner shall

notify each applicant in writing of his approval or disapproval and, if

disapproval, shall state the reasons for disapproval.

8. Grants approved for the purposes of this section may be made each

year for up to a two-year period or until the costs for such services

provided by virtue of receipt of the grant are included in rates of

payment, whichever is sooner. Certified home health agencies which

receive grants pursuant to this section may reapply for grants and may

be approved if the applicant satisfies the requirements of subdivision

four of this section and rules and regulations adopted pursuant to this

section.

9. In the event that a public certified home health agency is approved

for a grant, pursuant to this section, funds provided under the grant

shall not reduce the amount of aid otherwise reimbursable to such agency

pursuant to article six of this chapter.

10. The commissioner is authorized to promulgate such rules and

regulations, in consultation with the state council on home care

services, as are necessary to carry out the provisions of this section.

Such rules and regulations may include, but not be limited to, minimum

and maximum grant levels.

11. Recipients of grants shall submit to the commissioner reports on

the use of grants provided under this section at such times and in such

format as the commissioner may prescribe.

* NB Effective June 30, 2029