N.Y. Social Services Law § 364-e: Aid to families with dependent children homemaker/home health aide demonstration projects

* § 364-e. Aid to families with dependent children homemaker/home

health aide demonstration projects. 1. Notwithstanding sections three

hundred sixty-six and three hundred sixty-eight-a of this chapter, the

department shall have the authority to enter into agreements with social

services districts for the purpose of conducting the demonstration

project authorized by section nine hundred sixty-six of the omnibus

reconciliation act of nineteen hundred eighty, designed to train and

employ persons eligible for and receiving aid to families with dependent

children benefits as homemakers or home health aides. Such persons shall

provide authorized services to elderly or disabled individuals, or other

individuals in need of services, to whom such services are not otherwise

reasonably and actually available or provided, and who would, without

the availability of such services, be reasonably anticipated to require

institutional care.

2. Participants in the demonstration project shall be persons who are

eligible participants as defined in subdivision (b) of section nine

hundred sixty-six of P.L. 96-499.

3. For purposes of this section, authorized services include part-time

or intermittent:

(a) personal care, such as bathing, grooming and toilet care;

(b) assisting patients having limited mobility;

(c) feeding and diet assistance;

(d) home management, housekeeping and shopping;

(e) health-oriented recordkeeping; and

(f) simple procedures for identifying potential health problems.

4. For the first year during which a person is employed by a project

authorized by this section, such person shall, notwithstanding section

three hundred sixty-six of this chapter, retain any eligibility for

medical assistance under a state plan approved under Title XIX of the

Social Security Act, which such person had at the time he/she entered

the project.

5. Expenditures made for services provided by persons participating in

this demonstration project shall be considered medical assistance

expenditures and shall be reimbursed in accordance with section three

hundred sixty-eight-a of this chapter.

6. This section shall be effective if, and as long as, federal

financial participation is available therefor.

* NB Expired June 30, 1986