NY Soc Serv L § 367-Q (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 11 - Medical Assistance for Needy Persons 367-Q - Personal Care Services Worker Recruitment and Retention Program.

§  367-q.  Personal  care  services  worker  recruitment and retention program.  1.  The  commissioner  of  health  shall,   subject   to   the availability  of  federal  financial  participation adjust personal care services medical assistance rates of  payment  established  pursuant  to this  title for personal care services providers located in local social service districts which do not include a city with a population of  over one  million  persons  in  accordance with subdivisions two and three of this section for purposes of  improving  recruitment  and  retention  of personal  care  services  workers or any worker with direct patient care responsibility in the following  aggregate  amounts  for  the  following periods:  (a)  for  the  period  April  first, two thousand two through December thirty-first, two thousand two, seven million dollars;  (b) for the period January first, two thousand three through  December thirty-first, two thousand three, fourteen million dollars;  (c)  for  the period January first, two thousand four through December thirty-first, two thousand four, twenty-one million dollars;  (d) for the period January first, two thousand five  through  December thirty-first, two thousand five, twenty-seven million dollars;  (e)  for  the  period January first, two thousand six through December thirty-first, two thousand six,  thirty-one  million  dollars,  provided however  that  for  the  period  August  first, two thousand six through December thirty-first, two thousand six, such rate adjustments shall  be increased by an additional aggregate amount of four million dollars;  (f)  for  the  period  January  first, two thousand seven through June thirtieth, two thousand seven, thirteen million  five  hundred  thousand dollars;  (g)  for  the  period  July  first,  two  thousand seven through March thirty-first, two thousand eight, twenty-six million two  hundred  fifty thousand dollars;  (h)  for  the  period  April  first,  two thousand eight through March thirty-first, two  thousand  nine,  twenty-eight  million  five  hundred thousand dollars;  (i)  for  the  period  April  first,  two  thousand nine through March thirty-first,  two  thousand  ten,  twenty-eight  million  five  hundred thousand dollars;  (j)  for  the  period  April  first,  two  thousand  ten through March thirty-first, two thousand eleven,  twenty-eight  million  five  hundred thousand dollars;  (k)  for  the  period  April  first, two thousand eleven through March thirty-first, two thousand twelve,  twenty-eight  million  five  hundred thousand dollars;  (l)  for  the  period  April  first, two thousand twelve through March thirty-first, two thousand thirteen, up  to  twenty-eight  million  five hundred thousand dollars;  (m)  for  the  period April first, two thousand thirteen through March thirty-first, two thousand fourteen, up  to  twenty-eight  million  five hundred thousand dollars;  (n)  for  the  period April first, two thousand fourteen through March thirty-first, two thousand fifteen,  up  to  twenty-eight  million  five hundred thousand dollars;  (o)  for  the  period  April first, two thousand fifteen through March thirty-first, two thousand sixteen,  up  to  twenty-eight  million  five hundred thousand dollars; and  (p)  for  the  period  April first, two thousand sixteen through March thirty-first, two thousand seventeen, up to  twenty-eight  million  five hundred thousand dollars;  (q)  for  the period April first, two thousand seventeen through March thirty-first, two thousand eighteen, up  to  twenty-eight  million  five hundred thousand dollars;  (r)  for  the  period April first, two thousand eighteen through March thirty-first, two thousand nineteen, twenty-eight million  five  hundred thousand dollars;  (s)  for  the  period April first, two thousand nineteen through March thirty-first, two thousand twenty,  twenty-eight  million  five  hundred thousand dollars;  (t)  for  the  period  April  first, two thousand twenty through March thirty-first, two thousand twenty-one, up to twenty-eight  million  five hundred thousand dollars;  (u)  for the period April first, two thousand twenty-one through March thirty-first, two thousand twenty-two, up to twenty-eight  million  five hundred thousand dollars;  (v)  for the period April first, two thousand twenty-two through March thirty-first, two thousand twenty-three, up to twenty-eight million five hundred thousand dollars.   2.  Such  adjustments  to  rates  of  payments  shall   be   allocated proportionally  based  on  each  personal care services providers' total annual hours of personal care services provided,  as  reported  in  each such provider's nineteen hundred ninety-nine cost report as submitted to the  department  of  health  prior  to November first, two thousand one, provided, however, that  for  periods  on  and  after  July  first,  two thousand  seven,  such  payments  shall  be  in the form of a percentage add-on  to  rates  of  payments  of  eligible  providers  based  on  the proportion  of each personal care services providers' total annual hours of personal care services provided to recipients of  medical  assistance to  the  total  annual  hours of personal care services provided by such providers.   3. Payments made pursuant to this section  shall  not  be  subject  to subsequent adjustment or reconciliation.   4.  Personal  care  services providers which have their rates adjusted pursuant to this section  shall  use  such  funds  for  the  purpose  of recruitment  and  retention  of  non-supervisory  personal care services workers or any worker with direct patient care responsibility  only  and are  prohibited  from  using such funds for any other purpose. Each such personal care services provider shall submit, at a time and in a  manner to  be determined by the commissioner of health, a written certification attesting that such funds  will  be  used  solely  for  the  purpose  of recruitment  and  retention  of  non-supervisory  personal care services workers or any worker  with  direct  patient  care  responsibility.  The commissioner  of  health  is  authorized  to audit each such provider to ensure compliance  with  the  written  certification  required  by  this subdivision  and shall recoup any funds determined to have been used for purposes  other  than  recruitment  and  retention  of   non-supervisory personal  care  services  workers or any worker with direct patient care responsibility. Such recoupment  shall  be  in  addition  to  any  other penalties provided by law.