N.Y. Social Services Law § 367-h: Payment for assisted living programs

§ 367-h. Payment for assisted living programs. 1. Subject to the

approval of the state director of the budget, the commissioner may

authorize the payment of medical assistance funds for assisted living

programs, as defined in section four hundred sixty-one-l of this

chapter, in accordance with capitated rates of payment established

pursuant to subdivision six of section thirty-six hundred fourteen of

the public health law.

2. No assisted living program shall cease providing services to a

medical assistance recipient solely because the cost of his or her care

exceeds the amount of such capitated payments.

3. No medical assistance payments shall be made pursuant to this

section while payments are also being made for inpatient care in a

residential health care facility or hospital with respect to the same

person.

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

financial participation is available for medical assistance expenditures

made pursuant to it.