NY Pub Health L § 2999-HH (2021)
2021 New York Laws PBH - Public Health Article 29-J - Medical Respite Program 2999-HH - Medical Respite Program.

§  2999-hh.  Medical  respite program. 1. Definitions. As used in this article, the following terms shall have the following  meanings,  unless the context clearly otherwise requires:  (a)  "Medical  respite  program"  means  a  not-for-profit corporation certified  pursuant  to  subdivision  two  of  this  section  to   serve recipients whose prognosis or diagnosis necessitates the receipt of:  (i) Temporary room and board; and  (ii)  The provision or arrangement of the provision of health care and support services; provided, however, that the  operation  of  a  medical respite program shall be separate and distinct from any housing programs offered to individuals who do not qualify as recipients.  (b) "Recipient" means an individual who:  (i) Has a qualifying health condition that requires treatment or care;  (ii)  Does  not  require  hospital  inpatient,  observation  unit,  or emergency room  level  of  care,  or  a  medically  indicated  emergency department or observation visit; and  (iii)   Is   experiencing   homelessness   or   at  imminent  risk  of homelessness.  A person shall be deemed "homeless" if they lack a fixed, regular and adequate nighttime residence in a location  ordinarily  used as  a regular sleeping accommodation for people; provided, however, that an  operator  of  a  medical  respite  program  shall  be  permitted  to specialize   by  providing  services  to  a  subpopulation  of  homeless recipients if necessary to respond  to  community  need  or  ensure  the availability  of  a funding source that will support the medical respite program's operations, and such limitations are otherwise consistent with any rules or regulations made pursuant to this section.   2. Certification. (a) Notwithstanding any  inconsistent  provision  of law,  the  commissioner  may  certify a not-for-profit corporation as an operator of a medical respite program.  (b) The commissioner may make regulations to establish  procedures  to review  and  approve  applications  for a certification pursuant to this article, which shall, at a minimum,  specify  standards  for:  recipient eligibility;  medical  respite  program services that shall be provided; physical environment; staffing; and policies  and  procedures  governing health   and   safety,   length   of  stay,  referrals,  discharge,  and coordination of care.   3. Operating standards;  responsibility  for  standards.  (a)  Medical respite programs certified pursuant to this article shall:  (i) Provide recipients with temporary room and board; and  (ii) Provide, or arrange for the provision of, health care and support services to recipients.  (b)   Nothing   in   this   article   shall  affect  the  application, qualification, or requirements  that  may  apply  to  an  operator  with respect  to  any  other  licenses  or  operating  certificates that such operator  may  hold,  including,  without  limitation,   under   article twenty-eight  of  this  chapter  or article seven of the social services law.   4.  Temporary  accommodation.  A  medical  respite  program  shall  be considered a form of emergency shelter or temporary shelter for purposes of  determining  a  recipient's  eligibility  for  housing  programs  or benefits administered by  the  state  or  by  a  local  social  services district,   including  programs  or  benefits  that  support  access  to accommodations of a temporary, transitional,  or  permanent  nature.  No claim  of  recovery shall accrue against a recipient to recover the cost of care and services provided under  this  article.  Care  and  services provided  under  this  article  shall not be deemed public benefits that would affect a recipient's immigration status under federal law.    5.  Inspections  and  compliance.  The  commissioner  shall  have  the authority to inquire into the operation of any certified medical respite program  and  to conduct periodic inspections of facilities with respect to the fitness and adequacy of the premises, equipment, personnel, rules and by-laws, standards of medical care and services, system of accounts, records,  and  the adequacy of financial resources and sources of future revenues.   6. Suspension or revocation of certification. (a) A certification  for a  medical  respite program may be revoked, suspended, limited, annulled or  denied  by  the  commissioner,  in  consultation  with  either   the commissioners  of  the  office of mental health, the office of temporary and disability assistance, or  the  office  of  addiction  services  and supports,  as  appropriate  based  on  a determination of the department depending on the diagnosis or stated  needs  of  the  individuals  being served  or  proposed  to be served in the medical respite program, if an operator is determined to have failed to comply with this article or the rules and regulations made pursuant to this  section.  No  action  taken against  an  operator  under this subdivision shall affect an operator's other licenses or certifications; provided however, that the facts  that gave rise to the revocation, suspension, limitation, annulment or denial of  certification may also form the basis of a limitation, suspension of revocation of such other licenses or certifications.  (b)  No  medical  respite  program  certification  shall  be  revoked, suspended,  limited, annulled or denied without a hearing; provided that a certification may  be  temporarily  suspended  or  limited  without  a hearing  for  a  period not in excess of thirty days upon written notice that the continuation of the medical respite program places  the  health or  safety  of the recipients in imminent danger, and that the action is in the interest of the recipients. However,  the  department  shall  not make a determination until the program has had a reasonable opportunity, following  the  initial determination that the program places the health or  safety  of  the  recipients  in  imminent  danger,  to  correct  its deficiencies  and  following  this  period,  which shall be up to thirty calendar days,  has  been  given  written  notice  and  opportunity  for hearing.  (c)  Nothing  in  this  section  shall  prevent  the commissioner from imposing sanctions or penalties on a medical respite  program  that  are authorized under any other law or regulation.   7.  The  commissioner  shall  promulgate regulations to implement this article.