NY Pub Health L § 3616 (2021)
2021 New York Laws PBH - Public Health Article 36 - Home Care Services 3616 - Provision of Certified Home Health Agency Services, Long Term Home Health Care Programs and AIDS Home Care Programs.

§  3616. Provision of certified home health agency services, long term   home health care programs and AIDS home care programs. 1.  A  long  term   home  health  care  program shall be provided only to those patients who   are medically eligible for placement in a hospital or residential health   care facility. An AIDS home care  program  shall  be  provided  only  to   persons  who  are  medically  eligible  for  placement  in a hospital or   residential health  care  facility  and  who  (a)  are  diagnosed  by  a   physician  as  having  acquired  immune  deficiency syndrome, or (b) are   deemed by a physician, within his judgment,  to  be  infected  with  the   etiologic  agent  of  acquired  immune  deficiency  syndrome,  and whose   illness, infirmity or disability can be  reasonably  ascertained  to  be   associated  with  such  infection.  Provision  of  certified home health   agency services, a long term home health care program or  an  AIDS  home   care  program  paid for by government funds shall be based upon, but not   limited to, a comprehensive assessment that shall include,  but  not  be   limited to, an evaluation of the medical, social and environmental needs   of  each  applicant  for such services or program. This assessment shall   also serve as  the  basis  for  the  development  and  provision  of  an   appropriate  plan  of  care  for  the  applicant.  In cases in which the   applicant is  a  patient  in  a  hospital  or  residential  health  care   facility, the assessment shall be completed by persons designated by the   commissioner,  including, but not limited to, the applicant's physician,   the discharge coordinator of the hospital  or  residential  health  care   facility   referring  the  applicant,  a  representative  of  the  local   department of social services, and a representative of the provider of a   long term home health care program,  AIDS  home  care  program,  or  the   certified home health agency that will provide services for the patient.   In  cases  in  which  the  applicant  is  not a patient in a hospital or   residential health care facility, the assessment shall be  completed  by   persons  designated  by  the commissioner including, but not limited to,   the applicant's physician, a representative of the local  department  of   social services and a representative of the provider of a long term home   health care program, AIDS home care program or the certified home health   agency  that will provide services for the patient. The assessment shall   be completed prior to or within  thirty  days  after  the  provision  of   services  begins.  Payment for services provided prior to the completion   of the assessment shall be made only if it  is  determined,  based  upon   such  assessment,  that  the  recipient qualifies for such services. The   commissioner shall prescribe the forms on which the assessment  will  be   made.2.  Continued  provision of a long term home health care program, AIDS   home care program or certified home health agency services paid  for  by   government  funds  shall be based upon a comprehensive assessment of the   medical,  social  and  environmental  needs  of  the  recipient  of  the   services.  Such assessment shall be performed at least every one hundred   eighty days by the provider of a long term  home  health  care  program,   AIDS  home  care  program  or the certified home health agency providing   services for the patient and the local department  of  social  services,   and  shall be reviewed by a physician charged with the responsibility by   the commissioner. The commissioner shall prescribe the  forms  on  which   the assessment will be made.3.  Prior to the initial provision of services, and upon the continued   provision of services pursuant to each complete reassessment, the agency   shall present the recipient or the  recipient's  representative  with  a   standardized   written   statement   prepared   by  the  department,  in   consultation  with  providers  of  home  care  services   and   consumer   representatives,  which informs the recipient or representative that the   services to be provided are subject  to  change  in  accordance  with  a    change  in  the  recipient's  needs,  a  change in information about the   recipient's  needs  and/or  about  the  formal  and  informal   services   available  to  meet  such  needs. The statement shall further inform the   recipient  or  representative that such notification and acknowledgement   is for purposes of consumer information and education, and to  establish   and  maintain  proper  understanding and expectations about the possible   course of care to be provided by the agency.