N.Y. PBH Law § 3616 — New York Code / Act PBH / Article 36 / Section 3616
Provision of certified home health agency services, long term home health care programs and AIDS home care programs
Status: in_force

§ 3616. Provision of certified home health agency services, long term\nhome health care programs and AIDS home care programs. 1. A long term\nhome health care program shall be provided only to those patients who\nare medically eligible for placement in a hospital or residential health\ncare facility. An AIDS home care program shall be provided only to\npersons who are medically eligible for placement in a hospital or\nresidential health care facility and who (a) are diagnosed by a\nphysician as having acquired immune deficiency syndrome, or (b) are\ndeemed by a physician, within his judgment, to be infected with the\netiologic agent of acquired immune deficiency syndrome, and whose\nillness, infirmity or disability can be reasonably ascertained to be\nassociated with such infection. Provision of certified home health\nagency services, a long term home health care program or an AIDS home\ncare program paid for by government funds shall be based upon, but not\nlimited to, a comprehensive assessment that shall include, but not be\nlimited to, an evaluation of the medical, social and environmental needs\nof each applicant for such services or program. This assessment shall\nalso serve as the basis for the development and provision of an\nappropriate plan of care for the applicant. In cases in which the\napplicant is a patient in a hospital or residential health care\nfacility, the assessment shall be completed by persons designated by the\ncommissioner, including, but not limited to, the applicant's physician,\nthe discharge coordinator of the hospital or residential health care\nfacility referring the applicant, a representative of the local\ndepartment of social services, and a representative of the provider of a\nlong term home health care program, AIDS home care program, or the\ncertified home health agency that will provide services for the patient.\nIn cases in which the applicant is not a patient in a hospital or\nresidential health care facility, the assessment shall be completed by\npersons designated by the commissioner including, but not limited to,\nthe applicant's physician, a representative of the local department of\nsocial services and a representative of the provider of a long term home\nhealth care program, AIDS home care program or the certified home health\nagency that will provide services for the patient. The assessment shall\nbe completed prior to or within thirty days after the provision of\nservices begins. Payment for services provided prior to the completion\nof the assessment shall be made only if it is determined, based upon\nsuch assessment, that the recipient qualifies for such services. The\ncommissioner shall prescribe the forms on which the assessment will be\nmade.\n  2. Continued provision of a long term home health care program, AIDS\nhome care program or certified home health agency services paid for by\ngovernment funds shall be based upon a comprehensive assessment of the\nmedical, social and environmental needs of the recipient of the\nservices. Such assessment shall be performed at least every one hundred\neighty days by the provider of a long term home health care program,\nAIDS home care program or the certified home health agency providing\nservices for the patient and the local department of social services,\nand shall be reviewed by a physician charged with the responsibility by\nthe commissioner. The commissioner shall prescribe the forms on which\nthe assessment will be made.\n  3. Prior to the initial provision of services, and upon the continued\nprovision of services pursuant to each complete reassessment, the agency\nshall present the recipient or the recipient's representative with a\nstandardized written statement prepared by the department, in\nconsultation with providers of home care services and consumer\nrepresentatives, which informs the recipient or representative that the\nservices to be provided are subject to change in accordance with a\nchange in the recipient's needs, a change in information about the\nrecipient's needs and/or about the formal and informal services\navailable to meet such needs. The statement shall further inform the\nrecipient or representative that such notification and acknowledgement\nis for purposes of consumer information and education, and to establish\nand maintain proper understanding and expectations about the possible\ncourse of care to be provided by the agency.\n