N.Y. PBH Law § 2808-D — New York Code / Act PBH / Article 28 / Section 2808-D
Nursing home quality improvement demonstration program
Status: in_force

§ 2808-d. Nursing home quality improvement demonstration program. 1.\nNotwithstanding any law, rule or regulation to the contrary, the\ncommissioner shall, within amounts appropriated and subject to the\navailability of federal financial participation, establish a\ndemonstration program to improve the quality of care for nursing home\nresidents through the increase or improvement of direct care staff at\nnursing homes. In furtherance of such demonstration program the\ncommissioner shall adjust the Medicaid rates of payment to nursing\nhomes, selected pursuant to a competitive process, provided, however,\nthat payments made pursuant to this section to public residential health\ncare facilities shall be made as grants and shall not be deemed medical\nassistance payments. Requests for proposals for eligible projects shall\nbe issued by the commissioner, provided however that the commissioner\nshall not issue any new requests for proposals after December\nthirty-first, two thousand four and all awards for subsequent annual\nperiods shall be distributed on the same proportional basis as the most\nrecent available distribution. After December thirty-first, two thousand\nfour, awardees may use funds received for any of the purposes listed in\nsubdivision two of this section, without restriction.\n  2. Such eligible projects may include:\n  (a) an increase in direct care staff, either facility wide or targeted\nat a particular area of care or shift;\n  (b) increased training and education of direct care staff, including\nallowing direct care staff to increase their level of licensure relevant\nto nursing home care;\n  (c) efforts to decrease staff turn-over; and\n  (d) other efforts related to the recruitment and retention of direct\ncare staff that will effect the quality of care at such facility.\n  3. The commissioner shall consider, in selecting projects, the\nlikelihood that such project will improve the care for the residents of\nthe facility, the financial need of the nursing home and such other\nmatters as the commissioner deems appropriate.\n  4. Grants and adjustments to Medicaid rates of payment made pursuant\nto this section shall not, in aggregate, exceed sixty-two million five\nhundred thousand dollars for the period beginning April first, two\nthousand two and ending December thirty-first, two thousand two, and, on\nan annualized basis, for each annual period thereafter beginning January\nfirst, two thousand three and ending December thirty-first, two thousand\nfour, and shall not, in aggregate, exceed forty-six million eight\nhundred seventy-five thousand dollars for the period July first, two\nthousand five through December thirty-first, two thousand five and shall\nnot, in aggregate, on an annualized basis, exceed seventy-eight million\none hundred twenty-five thousand dollars for the period January first,\ntwo thousand six through December thirty-first, two thousand six and\nsixty-two million five hundred thousand dollars for the period January\nfirst, two thousand seven through June thirtieth, two thousand seven.\n  5. Adjustments to Medicaid rates of payment made pursuant to this\nsection shall not be subject to subsequent adjustment or reconciliation.\n  6. Notwithstanding any other provisions of this section or any other\ncontrary provision of law, the commissioner may, from funds allocated\npursuant to subparagraph (ii) or (iii) or (iv) of paragraph (u) of\nsubdivision one of section twenty-eight hundred seven-v of this article,\nin calendar year two thousand five, make grants in an aggregate amount\nnot to exceed twelve million five hundred thousand dollars, to\nresidential health care facilities in support of projects or programs\ndesigned to improve specific areas of quality of care, as determined by\nthe commissioner using established measures of such quality of care, and\nprovided further the commissioner may, from funds allocated pursuant to\nparagraph (u) of subdivision one of section twenty-eight hundred seven-v\nof this article, for the period January first, two thousand six through\nJune thirtieth two thousand seven, make grants in an aggregate amount\nnot to exceed thirty-five million dollars on an annualized basis, to\nresidential health care facilities that have an arbitrator's decision\nrendered before April first, two thousand six, requiring payments\nrelated to the recruitment and retention of direct care staff, including\nsalary and benefits. Each eligible facility shall receive a payment\namount proportional to the amount each such facility owes pursuant to\nthe arbitrator's decision compared to such amounts owed by all eligible\nfacilities.\n