N.Y. Social Services Law § 364-kk: Condition of Participation

§ 364-kk. Condition of Participation. 1. Notwithstanding any provision

of law to the contrary, in addition to the requirements for

participation in the medical assistance program as may be required to be

met by nursing facilities and assisted living programs, such facilities

and programs, adult homes and enriched housing programs receiving

payment under this chapter shall enter into arrangements with social

services districts to admit, on a priority basis, a number of

individuals eligible to have medical assistance paid on their behalf who

are otherwise appropriate for nursing facility or other long-term

residential care, as described in this section, and whose health and

safety reasonably cannot be maintained in their own homes by the

provision of personal care services, home health services, or other home

and community-based services, as determined by the local social services

official pursuant to standards promulgated by the department pursuant to

section three hundred sixty-seven-m of this chapter.

2. The department shall by regulation establish a method or formula

for determining a fair and equitable distribution of priority admissions

under this section in order that all providers of nursing home and

long-term residential care services share the responsibility for

accepting placements required under subdivision one hereof, and accept

such placements, and that no one provider of nursing facility or

long-term residential care, group or classification thereof is required

to accept a number of such placements as would jeopardize the

profitability or viability of such provider, group of providers or

classification of providers, or as would otherwise unduly burden or

impair the operation, character or continuation of such provider, group

of providers, or classification of provider.

3. The commissioners of health and social services shall monitor the

implementation of this section and, on or before March first, nineteen

hundred ninety-six, report to the governor and legislature on such

implementation and the effects thereof and shall include recommendations

for continuation or other modifications to the provisions of this

section.