NY Pub Health L § 3615 (2021)
2021 New York Laws PBH - Public Health Article 36 - Home Care Services 3615 - State Aid to Certified Home Health Agencies.

* §  3615.  State  aid to certified home health agencies. 1. State aid shall be provided  to  certified  home  health  agencies  to  assist  in developing and ensuring their capacity to meet community need. Funds for such  aid  shall  be  made  available  each  year  in an amount equal to twenty-five cents per  capita  of  the  population  within  each  health systems agency region, as established pursuant to article twenty-nine of this chapter, or two hundred thousand dollars, whichever is greater. Two million  five hundred thousand dollars shall be for the state's share of payments provided pursuant to subdivision  five  of  section  thirty-six hundred  fourteen  of  this  article.  The remaining amount shall be for purposes of providing grants  pursuant  to  this  section  and  sections thirty-six hundred seven and thirty-six hundred nine of this article.   2.  For  purposes  of  funding  grants pursuant to sections thirty-six hundred seven and thirty-six hundred nine of  this  article  and  grants pursuant to this section, the commissioner shall allocate the proportion of  funds  among  the  health  systems  agency  regions  using  the last preceding  federal  census  or  other  census  data  approved   by   the comptroller.   3.  Such  annual  funds allocated to each health systems agency region shall be made available for grants to applicants within each such region which are determined eligible and approved by the commissioner  pursuant to  the provisions of this section and sections thirty-six hundred seven and thirty-six hundred nine of this article.   4. In order to be considered eligible for receipt of a grant  pursuant to  this  section,  a  certified  home  health  agency  shall  submit an application to the department. Such application  shall  demonstrate,  to the satisfaction of the commissioner, that the agency:  (a)  received  a certificate of approval pursuant to the provisions of section thirty-six hundred eight of this  article  at  least  two  years prior  to  the date of the application and that such certificate has not been revoked or annulled subsequent to its receipt and is not limited as of the time of application;  (b) shall utilize grant funds to provide home care services to persons whose residence is in an area which, due to location, is more costly  to serve,  or  persons  whose  conditions require a more intensive level of home care than typically provided in a visit;  (c) shall undertake reasonable efforts to maintain  financial  support from public and community contributed funding sources;  (d)  shall  make  every  reasonable  effort  to  collect  payments for services from third party  insurance  payers,  governmental  payers  and self-paying patients;  (e)  shall  have  professional assistance available on a seven day per week, twenty-four hour per day basis;  (f) shall  establish  a  reasonable  relationship  between  costs  and charges, or establish charges at approximate cost; and  (g)   has   no  other  available  financial  resources  to  serve  the populations as identified in paragraph (b) of this subdivision.   5. For the purpose of this section  and  sections  thirty-six  hundred seven  and  thirty-six  hundred  nine of this article, a grant applicant shall submit a copy of its application to the health systems  agency  in whose region the applicant is located.   6.  For  the  purpose  of this section and sections thirty-six hundred seven and thirty-six hundred nine of this article, each  health  systems agency  shall  convene  an advisory group with representatives from, but not limited to, local departments of health, including  those  organized and  unorganized  as  county  and  part-county  health districts, social services  districts,  offices  for  the  aging,  certified  home  health agencies,  and  consumers  of home health agency services. Such advisory  group, after considering recommendations from  persons  involved  in  or knowledgeable  about home care services delivered in that region, shall, consistent with state  and  regional  health  plans,  identify  priority regional and local needs for the purposes identified in this section and sections  thirty-six  hundred  seven and thirty-six hundred nine of this article.  The health systems agency shall provide  to  the  commissioner the   recommendations  of  the  advisory  group  regarding  which  grant applications meet regional and local needs,  as  well  as  the  advisory group's prioritization of applications.   7.  For  the  purposes of this section and sections thirty-six hundred seven and thirty-six hundred nine  of  this  article,  the  commissioner shall  approve  applications  for  grants which meet the requirements of this section pursuant to which the application is  submitted  and  rules and   regulations   adopted   pursuant   thereto.   In   approving  such applications, the commissioner shall take into prime  consideration  the recommendations  of  the  advisory  group convened by the health systems agency in whose region the applicants are located  and  also  take  into consideration  other  applications  submitted  by the same applicant for grants submitted pursuant  to  such  sections.  The  commissioner  shall notify each advisory group and each applicant in writing of his approval or  disapproval  and,  if  disapproval,  shall  state  the  reasons  for disapproval.   8. Grants approved for the purposes of this section may be  made  each year  for  up  to a two-year period or until the costs for such services provided by virtue of receipt of the grant  are  included  in  rates  of payment,  whichever  is  sooner.  Certified  home  health agencies which receive grants pursuant to this section may reapply for grants  and  may be  approved  if the applicant satisfies the requirements of subdivision four of this section and rules and regulations adopted pursuant to  this section.   9. In the event that a public certified home health agency is approved for  a  grant,  pursuant to this section, funds provided under the grant shall not reduce the amount of aid otherwise reimbursable to such agency pursuant to article six of this chapter.   10. The commissioner  is  authorized  to  promulgate  such  rules  and regulations,  as  are  necessary  to  carry  out  the provisions of this section. Such rules and regulations may include, but not be limited  to, minimum and maximum grant levels.   11.  Recipients  of grants shall submit to the commissioner reports on the use of grants provided under this section at such times and in  such format as the commissioner may prescribe.   * NB Effective until June 30, 2023   * §  3615.  State  grants  to certified home health agencies. 1. State grants shall be provided to certified home health agencies to assist  in developing and ensuring their capacity to meet community need. Funds for such  grants  shall  be  made  available each year in an amount equal to twenty-five cents per  capita  of  the  population  within  each  health systems agency region, as established pursuant to article twenty-nine of this chapter, or two hundred thousand dollars, whichever is greater.   2.  The  commissioner shall allocate the proportion of funds among the health systems agency regions using the last preceding federal census or other census data approved by the comptroller.   3. Seventy-five percent of such annual funds allocated to each  health systems  agency  region  shall be made available for grants to certified home health agencies  within  each  such  region  which  are  determined eligible  and  approved  by  the  commissioner pursuant to this section. Twenty-five percent of  such  annual  funds  allocated  to  each  health systems  agency  region shall be made available for grants to applicants  within each such region which are determined eligible  and  approved  by the  commissioner  pursuant  to  the  provisions  of sections thirty-six hundred  seven  and   thirty-six   hundred   nine   of   this   article. Notwithstanding  such  percentages,  in  the  event that grants approved under either percentage category are  less  than  the  amount  available pursuant  to such percentage, the remaining amount shall be added to and deemed available for the purposes of the other percentage amount.   4. In order to be considered eligible for receipt of a grant  pursuant to  this  section,  a  certified  home  health  agency  shall  submit an application to the department. Such application  shall  demonstrate,  to the satisfaction of the commissioner, that the agency:  (a)  received  a certificate of approval pursuant to the provisions of section thirty-six hundred eight of this  article  at  least  two  years prior  to  the date of the application and that such certificate has not been revoked or annulled subsequent to its receipt and is not limited as of the time of application;  (b) shall utilize grant funds to provide home care services to persons of low income who are not otherwise eligible  for  government  sponsored programs  or  not covered by insurance, persons whose residence is in an area which, due to location, is more costly to serve, or  persons  whose conditions  require  a  more intensive level of home care than typically provided in a visit;  (c) shall undertake reasonable efforts to maintain  financial  support from public and community contributed funding sources;  (d)  shall  make  every  reasonable  effort  to  collect  payments for services from third party  insurance  payers,  governmental  payers  and self-paying patients;  (e)  shall  have  professional assistance available on a seven day per week, twenty-four hour per day basis;  (f) shall  establish  a  reasonable  relationship  between  costs  and charges, or establish charges at approximate cost; and  (g)   has   no  other  available  financial  resources  to  serve  the populations as identified in paragraph (b) of this subdivision.   5. For the purpose of this section  and  sections  thirty-six  hundred seven  and  thirty-six  hundred  nine of this article, a grant applicant shall submit a copy of its application to the health systems  agency  in whose region the applicant is located.   6.  For  the  purpose  of this section and sections thirty-six hundred seven and thirty-six hundred nine of this article, each  health  systems agency  shall  convene  an advisory group with representatives from, but not limited to, local departments of health, including  those  organized and  unorganized  as  county  and  part-county  health districts, social services  districts,  offices  for  the  aging,  certified  home  health agencies,  and  consumers  of home health agency services. Such advisory group, after considering recommendations from  persons  involved  in  or knowledgeable  about home care services delivered in that region, shall, consistent with state  and  regional  health  plans,  identify  priority regional and local needs for the purposes identified in this section and sections  thirty-six  hundred  seven and thirty-six hundred nine of this article.  The health systems agency shall provide  to  the  commissioner the   recommendations  of  the  advisory  group  regarding  which  grant applications meet regional and local needs,  as  well  as  the  advisory group's prioritization of applications.   7.  For  the  purposes of this section and sections thirty-six hundred seven and thirty-six hundred nine  of  this  article,  the  commissioner shall  approve  applications  for  grants which meet the requirements of this section pursuant to which the application is  submitted  and  rules and   regulations   adopted   pursuant   thereto.   In   approving  such  applications,  the  commissioner  shall  take  into  consideration   the recommendations  of  the  advisory  group convened by the health systems agency in whose region the applicants are located  and  also  take  into consideration  other  applications  submitted  by the same applicant for grants submitted pursuant  to  such  sections.  The  commissioner  shall notify  each applicant in writing of his approval or disapproval and, if disapproval, shall state the reasons for disapproval.   8. Grants approved for the purposes of this section may be  made  each year  for  up  to a two-year period or until the costs for such services provided by virtue of receipt of the grant  are  included  in  rates  of payment,  whichever  is  sooner.  Certified  home  health agencies which receive grants pursuant to this section may reapply for grants  and  may be  approved  if the applicant satisfies the requirements of subdivision four of this section and rules and regulations adopted pursuant to  this section.   9. In the event that a public certified home health agency is approved for  a  grant,  pursuant to this section, funds provided under the grant shall not reduce the amount of aid otherwise reimbursable to such agency pursuant to article six of this chapter.   10. The commissioner  is  authorized  to  promulgate  such  rules  and regulations,  in  consultation  with  the  state  council  on  home care services, as are necessary to carry out the provisions of this  section. Such  rules  and regulations may include, but not be limited to, minimum and maximum grant levels.   11. Recipients of grants shall submit to the commissioner  reports  on the  use of grants provided under this section at such times and in such format as the commissioner may prescribe.   * NB Effective June 30, 2023