N.Y. Social Services Law § 367-p*2: Payment for limited home care services agencies

* § 367-p. Payment for limited home care services agencies. 1.

Notwithstanding any law to the contrary, the commissioner shall, subject

to the approval of the director of the budget, establish rates of

payment for services provided by limited home care services agencies,

licensed by the department of health pursuant to section thirty-six

hundred five of the public health law, to eligible individuals who are

residents of adult homes and enriched housing programs certified by the

department in accordance with article seven of this chapter. Services

for which reimbursement shall be available are personal care services

provided directly by the agency and authorized and provided in

accordance with the rules and regulations of the department; and the

administration of medications and application of sterile dressings by a

registered nurse provided, however, that the services provided by such

agency are not services that must be provided to residents of such

facilities pursuant to article seven of this chapter.

2. Notwithstanding any law to the contrary, a limited home care

services agency licensed by the department of health shall be reimbursed

at a rate that is significantly less than the current costs of providing

such services through a personal care provider or certified home health

agency in the same service area.

3. For purposes of this section, an eligible individual means an

individual who is eligible for medical assistance, as determined by the

appropriate social services district, which has also determined that

such individual has a medical need for services and that such

individual's needs can safely and appropriately be met by the limited

home care services agency in the adult home or enriched housing program.

4. Prior to authorizing payment for services provided to an eligible

individual by a limited home care services agency, the appropriate

social services district must determine that the service proposed to be

provided by such agency is cost-effective in comparison to other

available and appropriate service delivery options available in the

district.

5. The commissioner of health shall establish rates of payment for

services provided pursuant to this section by November fifteenth,

nineteen hundred ninety-seven.

* NB Expires June 30, 2027

* NB There are 2 § 367-p's