N.Y. Social Services Law § 367-e: Payment for AIDS home care programs

§ 367-e. Payment for AIDS home care programs. 1. If an AIDS home care

program as defined under article thirty-six of the public health law is

provided in the social services district for which he has authority, the

local social services official, before he authorizes care in a nursing

home or intermediate care facility or before he authorizes home health

services or personal care services for a person eligible to receive

services under this title, shall notify the person in writing of the

provisions of this section.

2. If a person eligible to receive services under the provisions of

this title desires to remain and is deemed by his physician able to

remain in his own home or the home of a responsible relative or other

responsible adult if the necessary services are provided, such person or

his representative shall so inform the local social services official.

If an AIDS home care program as defined under article thirty-six of the

public health law is provided in the social services district for which

he has authority, such official shall authorize an assessment under the

provision of section three thousand six hundred sixteen of the public

health law. If the results of the assessment indicate that the person

can receive the appropriate level of care at home, the official shall

prepare for that person a plan for the provision of services comparable

to those that would be rendered in a hospital or residential health care

facility, as appropriate for the patient. In developing such plan, the

official shall consult with those persons performing the assessment and

shall assure that such plan is appropriate to the patient's needs and

will result in an efficient use of services. The services shall be

provided by a long term home health care program authorized by the

commissioner of health under article thirty-six of the public health law

to provide an AIDS home care program.

3. The commissioner shall apply for any waivers, including home and

community based services waivers pursuant to section nineteen hundred

fifteen-c of the social security act, necessary to implement AIDS home

care programs. Notwithstanding any inconsistent provision of law but

subject to expenditure limitations of this section, the commissioner,

subject to the approval of the state director of the budget, may

authorize the utilization of medical assistance funds to pay for

services provided by AIDS home care programs in addition to those

services included in the medical assistance program under section three

hundred sixty-five-a of this chapter, so long as federal financial

participation is available for such services. Expenditures made under

this subdivision shall be deemed payments for medical assistance for

needy persons and shall be subject to reimbursement by the state in

accordance with the provisions of section three hundred sixty-eight-a of

this chapter.

4. No social services district shall make payment for a person

receiving an AIDS home care program while payments are being made for

that person for inpatient care in a residential health care facility or

hospital.

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

financial participation is available.