N.Y. Social Services Law § 367-q: Personal care services worker recruitment and retention program

§ 367-q. Personal care services worker recruitment and retention

program. 1. The commissioner of health shall, subject to the

availability of federal financial participation adjust personal care

services medical assistance rates of payment established pursuant to

this title for personal care services providers located in local social

service districts which do not include a city with a population of over

one million persons in accordance with subdivisions two and three of

this section for purposes of improving recruitment and retention of

personal care services workers or any worker with direct patient care

responsibility in the following aggregate amounts for the following

periods:

(a) for the period April first, two thousand two through December

thirty-first, two thousand two, seven million dollars;

(b) for the period January first, two thousand three through December

thirty-first, two thousand three, fourteen million dollars;

(c) for the period January first, two thousand four through December

thirty-first, two thousand four, twenty-one million dollars;

(d) for the period January first, two thousand five through December

thirty-first, two thousand five, twenty-seven million dollars;

(e) for the period January first, two thousand six through December

thirty-first, two thousand six, thirty-one million dollars, provided

however that for the period August first, two thousand six through

December thirty-first, two thousand six, such rate adjustments shall be

increased by an additional aggregate amount of four million dollars;

(f) for the period January first, two thousand seven through June

thirtieth, two thousand seven, thirteen million five hundred thousand

dollars;

(g) for the period July first, two thousand seven through March

thirty-first, two thousand eight, twenty-six million two hundred fifty

thousand dollars;

(h) for the period April first, two thousand eight through March

thirty-first, two thousand nine, twenty-eight million five hundred

thousand dollars;

(i) for the period April first, two thousand nine through March

thirty-first, two thousand ten, twenty-eight million five hundred

thousand dollars;

(j) for the period April first, two thousand ten through March

thirty-first, two thousand eleven, twenty-eight million five hundred

thousand dollars;

(k) for the period April first, two thousand eleven through March

thirty-first, two thousand twelve, twenty-eight million five hundred

thousand dollars;

(l) for the period April first, two thousand twelve through March

thirty-first, two thousand thirteen, up to twenty-eight million five

hundred thousand dollars;

(m) for the period April first, two thousand thirteen through March

thirty-first, two thousand fourteen, up to twenty-eight million five

hundred thousand dollars;

(n) for the period April first, two thousand fourteen through March

thirty-first, two thousand fifteen, up to twenty-eight million five

hundred thousand dollars;

(o) for the period April first, two thousand fifteen through March

thirty-first, two thousand sixteen, up to twenty-eight million five

hundred thousand dollars; and

(p) for the period April first, two thousand sixteen through March

thirty-first, two thousand seventeen, up to twenty-eight million five

hundred thousand dollars;

(q) for the period April first, two thousand seventeen through March

thirty-first, two thousand eighteen, up to twenty-eight million five

hundred thousand dollars;

(r) for the period April first, two thousand eighteen through March

thirty-first, two thousand nineteen, twenty-eight million five hundred

thousand dollars;

(s) for the period April first, two thousand nineteen through March

thirty-first, two thousand twenty, twenty-eight million five hundred

thousand dollars;

(t) for the period April first, two thousand twenty through March

thirty-first, two thousand twenty-one, up to twenty-eight million five

hundred thousand dollars;

(u) for the period April first, two thousand twenty-one through March

thirty-first, two thousand twenty-two, up to twenty-eight million five

hundred thousand dollars;

(v) for the period April first, two thousand twenty-two through March

thirty-first, two thousand twenty-three, up to twenty-eight million five

hundred thousand dollars;

(w) for the period April first, two thousand twenty-three through

March thirty-first, two thousand twenty-four, up to twenty-eight million

five hundred thousand dollars;

(x) for the period April first, two thousand twenty-four through March

thirty-first, two thousand twenty-five, up to twenty-eight million five

hundred thousand dollars;

(y) for the period April first, two thousand twenty-five through March

thirty-first, two thousand twenty-six, up to twenty-eight million five

hundred thousand dollars;

(z) for the period April first, two thousand twenty-six through March

thirty-first, two thousand twenty-seven, up to twenty-eight million five

hundred thousand dollars;

(aa) for the period April first, two thousand twenty-seven through

March thirty-first, two thousand twenty-eight, up to twenty-eight

million five hundred thousand dollars;

(bb) for the period April first, two thousand twenty-eight through

March thirty-first, two thousand twenty-nine, up to twenty-eight million

five hundred thousand dollars.

2. Such adjustments to rates of payments shall be allocated

proportionally based on each personal care services providers' total

annual hours of personal care services provided, as reported in each

such provider's nineteen hundred ninety-nine cost report as submitted to

the department of health prior to November first, two thousand one,

provided, however, that for periods on and after July first, two

thousand seven, such payments shall be in the form of a percentage

add-on to rates of payments of eligible providers based on the

proportion of each personal care services providers' total annual hours

of personal care services provided to recipients of medical assistance

to the total annual hours of personal care services provided by such

providers.

3. Payments made pursuant to this section shall not be subject to

subsequent adjustment or reconciliation.

4. Personal care services providers which have their rates adjusted

pursuant to this section shall use such funds for the purpose of

recruitment and retention of non-supervisory personal care services

workers or any worker with direct patient care responsibility only and

are prohibited from using such funds for any other purpose. Each such

personal care services provider shall submit, at a time and in a manner

to be determined by the commissioner of health, a written certification

attesting that such funds will be used solely for the purpose of

recruitment and retention of non-supervisory personal care services

workers or any worker with direct patient care responsibility. The

commissioner of health is authorized to audit each such provider to

ensure compliance with the written certification required by this

subdivision and shall recoup any funds determined to have been used for

purposes other than recruitment and retention of non-supervisory

personal care services workers or any worker with direct patient care

responsibility. Such recoupment shall be in addition to any other

penalties provided by law.