NY Soc Serv L § 364-B (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 11 - Medical Assistance for Needy Persons 364-B - Residential and Medical Care Placement Demonstration Projects.

*  §  364-b.  Residential  and  medical  care  placement demonstration   projects.   1.   Notwithstanding any  inconsistent  provisions  of  this   chapter  or any other law to the contrary, social services districts are   hereby  authorized   to   conduct   or   participate   in   time-limited   demonstration  projects for the purpose of demonstrating the feasibility   of reducing medical assistance  expenditures  for  care  in  residential   health  facilities  by  utilizing  medical  assistance  funds for:   (a)   conducting  initial  assessments  of,  and  performing  case  management   functions,  for  (i) persons financially eligible for medical assistance   pursuant to this title who request long term  care  services,  and  (ii)   persons  whether  or  not  otherwise  financially  eligible  for medical   assistance who seek care in or discharge from a residential health  care   facility  or  a  congregate  care  facility  as described in section two   hundred nine of this chapter, and  (b)  providing  social  services  and   medical  supplies determined to be necessary and appropriate as a result   of assessments conducted pursuant to  paragraph  (a)  hereof,  to  those   persons  participating in an approved project who are otherwise eligible   to receive medical assistance, whether or not such services or  supplies   are  authorized to be provided under this title; provided, however, that   no such additional services or  supplies  provided  hereunder  shall  be   subject  to  state  reimbursement  unless prior approval to provide such   services or supplies to persons eligible for medical assistance has been   granted by the department.  Such demonstration projects may be conducted   or participated in by a social services district only in accordance with   a plan submitted to the department on or before  the  thirtieth  day  of   June,  nineteen hundred seventy-seven, and only to the extent and period   for which such plan has been approved or from time to time  extended  by   the commissioner.2.   Any plan submitted pursuant to this section shall provide that in   any case in which  it  is  determined  by  an  assessment  conducted  in   accordance  with  such  a  project  that  placement in a skilled nursing   facility or an intermediate care facility  would  be  appropriate,  such   placement  shall  be subject to review and approval by the department of   health provided, however, that the commissioner of health  may  delegate   preplacement assessment review function to such a project.  In addition,   any  plan submitted pursuant to this section shall include a description   of   any   assessment   methodology   utilized   in   determining    the   appropriateness   of   placements   in  skilled  nursing  facilities  or   intermediate care facilities and any such plan may be  approved  by  the   commissioner  only  after  such  methodology  has  been submitted to the   department of health for its review and comment.3.  Notwithstanding any inconsistent provision of law to the contrary,   expenditures made in connection with an approved residential and medical   care placement demonstration project for  assessments,  case  management   and  social  services  and medical supplies authorized to be provided by   this title or approved by the department,  shall  be  subject  to  state   reimbursement  under  section  three hundred sixty-eight-a of the social   services law in accordance  with  a  schedule  of  maximum  reimbursable   amounts established by the department for such services and supplies.4.   Notwithstanding any inconsistent provision of this chapter or any   other law to the contrary, the commissioner may, subject to the approval   of the director of the budget, approve such demonstration  projects  and   apply  for  the appropriate waivers under federal law and regulation and   may waive:   (a) any provision  of  this  title  or  regulation  of  the   department  as  may  be  necessary  to  make  medical  assistance  funds   available  for  initial  assessment  and  performing   case   management   functions  for  persons  participating in such approved projects without   regard to their eligibility to participate  in  the  medical  assistance    program  and  when  appropriate,  providing  additional  approved social   services and medical  supplies,  not  otherwise  authorized  under  this   title,  to  persons  participating  in  such  approved  projects who are   otherwise eligible to participate in the medical assistance program; and   (b)  such department regulations relating thereto as may be necessary to   enable a social services district to carry out such project.5.  The commissioner shall require that a final independent evaluation   be made of any demonstration project approved and conducted hereunder in   a form mutually agreed upon by him and the state commissioner of health,   and shall provide copies of such report  to  the  governor  and  to  the   legislature.    In addition the commissioner shall submit annual interim   reports on the progress of each project to the governor and  legislature   by the first day of February of each year.* NB Expired September 30, 1986