NY Soc Serv L § 367-F (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 11 - Medical Assistance for Needy Persons 367-F - Partnership for Long Term Care Program.

§  367-f.  Partnership  for long term care program. 1. Definitions. As used in this  section:  (a)  "Medicaid  extended  coverage"  shall  mean eligibility  for  medical  assistance (i) without regard to the resource requirements of section three hundred sixty-six of this title, or in the case of an individual covered under an insurance policy  or  certificate described in subdivision two of this section that provided a residential health  care  facility  benefit less than two years in duration, without consideration of an amount of  resources  equivalent  to  the  value  of benefits received by the individual under such policy or certificate, as determined  under  the  rules  of  the  partnership  for  long-term care program; (ii) without regard to the recovery of medical assistance  from the  estates  of individuals and the imposition of liens on the homes of persons pursuant to section three hundred sixty-nine of this title, with respect to resources exempt from consideration pursuant to  subparagraph (i)  of  this paragraph; provided, however, that nothing in this section shall prevent the imposition of a lien or recovery against  property  of an  individual  on  account  of medical assistance incorrectly paid; and (iii) based on an income eligibility standard for married couples  equal to the amount of the minimum monthly maintenance needs allowance defined in paragraph (h) of subdivision two of section three hundred sixty-six-c of  this  title,  and  for  single individuals equal to one-half of such amount; provided, however, that the commissioner of health shall not  be required  to implement the provisions of this subparagraph if the use of such income eligibility standards will  result  in  a  loss  of  federal financial  participation  in  the  costs  of  Medicaid extended coverage furnished  in  accordance  with  subparagraphs  (i)  and  (ii)  of  this paragraph.  (b)  "Long  term  care  services" shall include, but not be limited to care, treatment,  maintenance,  and  services:  provided  in  a  nursing facility  licensed  under article twenty-eight of the public health law; provided by a home care services agency, certified home health agency or long term home health care program, as  defined  in  section  thirty-six hundred  two  of  the public health law; provided by an adult day health care program in accordance with regulations of the department of health; or provided by a personal care provider licensed  or  regulated  by  any other  state  or local agency; and such other services for which medical assistance  is  otherwise  available  under  this  chapter   which   are designated  as  long  term  care  services  in law or regulations of the department of health.   2. Notwithstanding any inconsistent provision of this chapter  or  any other  law  to  the contrary, the partnership for long term care program shall provide Medicaid extended coverage to a person receiving long term care services  if  there  is  federal  participation  pursuant  to  such treatment  and such person: (a) is or was covered by an insurance policy or certificate providing coverage for long term  care  which  meets  the applicable  minimum benefit standards of the superintendent of financial services and other requirements for approval of participation under  the program; and, (b) has exhausted the coverage and benefits as required by the program.   3.  Notwithstanding  any inconsistent provision of this chapter or any other law to the contrary, the commissioner of health,  in  consultation with  the  superintendent  of financial services and the director of the budget, may enter into reciprocal agreements  with  other  states  which administer   partnership   for  long  term  care  programs  under  which purchasers of policies in  those  states  with  comparable  benefits  to policies available in this state shall be eligible for Medicaid extended coverage  in  this state so long as purchasers of policies in this state with comparable benefits to policies available in such state  or  states  shall  be  eligible  for  Medicaid  extended  coverage  in such state or states.