N.Y. Social Services Law § 367-v: County long-term care financing demonstration program

§ 367-v. County long-term care financing demonstration program. 1.

Notwithstanding any inconsistent provision of law, the commissioner is

authorized to establish a long-term care financing demonstration

program, to operate in up to five counties, for the purpose of creating

incentives and funding for the transformation of county nursing home

beds into other long-term care settings.

2. (a) The demonstration program established pursuant to this section

shall permit a participating county to reduce its county nursing home

bed capacity, or to close a county nursing home, and to invest any

resulting demonstrated savings in programs or services that will, to the

extent feasible, encourage the use of community-based long-term care

alternatives to institutional care.

(b) Such programs or services may include, but are not limited to:

(i) expansion of community-based services such as the program for

all-inclusive care for the elderly (PACE), the long term home health

care program, the managed long term care program, adult day care

services, and caregiver support services;

(ii) expansion of senior housing;

(iii) assisted living program;

(iv) payment of subsidies to encourage assisted living programs, adult

care facilities, and non-public nursing homes to accept hard-to-serve

residents; and

(v) contracts with non-public nursing homes to guarantee beds for

those hard-to-serve persons who choose nursing home care or for whom

other community-based options are not feasible or are unavailable.

3. A county wishing to participate in the demonstration program

established pursuant to this section shall develop a plan and submit an

application for participation to the commissioner of health detailing

such plan at a time and in a manner to be determined by such

commissioner. The commissioner is authorized to approve or disapprove

any such application and to certify the amount of demonstrated savings.

4. Notwithstanding the cap on social services district shares of

medical assistance expenditures established pursuant to section one of

part C of chapter fifty-eight of the laws of two thousand five, the

director of the division of the budget is authorized, in his or her sole

discretion, to adjust a district's cap amount to account for changes in

the non-federal share of medical assistance resulting from any approved

demonstration plan.

5. The commissioner of health is authorized to submit any amendments

to the state plan for medical assistance and any waivers of the federal

social security act that such commissioner determines to be necessary to

obtain federal financial participation in the costs of services provided

pursuant to this section.

6. The commissioner of health shall submit a report to the governor,

temporary president of the senate and speaker of the assembly by the

first day of November, two thousand fifteen, on the implementation of

this section. Such report shall include identification of the counties

approved to participate in the demonstration, a description of such

counties' approved demonstration plans, an analysis of the impact of the

demonstration on long-term care costs and service delivery, any

recommendations for legislative action, and such other matters as may be

pertinent.