NY Soc Serv L § 366-I (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 11 - Medical Assistance for Needy Persons 366-I - Long-Term Care Financing Demonstration Program.

§   366-i.   Long-term   care   financing  demonstration  program.  1.   Notwithstanding any inconsistent provision  of  sections  three  hundred   sixty-six  or  three  hundred  sixty-six-c  of  this title, or any other   provision of law, the commissioner of health is  authorized  to  develop   the  long-term  care  financing  demonstration  program,  an alternative   program  for  the  establishment  of  eligibility  under   the   medical   assistance program for up to five thousand persons.2.  The  provisions  of  this section shall not take effect unless all   necessary approvals under federal law and regulation have been  obtained   to  receive  federal financial participation in the costs of health care   services provided to persons  determined  to  be  eligible  for  medical   assistance pursuant to this section.3.  Defined  private  contribution. Upon being determined eligible for   the demonstration, a  person  shall  disclose  his  or  her  household's   resources and income to the local social services district, or an entity   acting  on  behalf of such district pursuant to subdivision five of this   section, and shall enter into an agreement with such district or entity.   The agreement shall require  the  person  to  apply  a  defined  private   contribution  toward  the  cost  of  institutional  or non-institutional   long-term care, as defined by  the  commissioner  in  regulations.  Such   regulations  shall  provide  for two levels of contribution: (a) a level   that would permit a full medical assistance resource exemption  pursuant   to paragraph (a) of subdivision four of this section; and (b) a level or   levels that would permit a medical assistance resource exemption that is   equivalent to the value of the contribution pursuant to paragraph (b) of   subdivision four of this section.4.  Medical  assistance  eligibility.  Upon  completion of the defined   private contribution required by such agreement, the  person  may  apply   for  medical  assistance  under  this  title and, if otherwise eligible,   shall be eligible for such assistance either: (a)  in  the  case  of  an   individual  who  opts  for  a  contribution level under paragraph (a) of   subdivision  three  of  this  section,  without  regard   to   otherwise   applicable resource requirements of this title; or (b) in the case of an   individual  who  opts  for  a  contribution level under paragraph (b) of   subdivision three of this  section,  without  regard  to  an  amount  of   resources that is equivalent to the value of the contribution. In either   case,  eligibility  for  medical assistance under this title shall, with   respect to the amount of resources that are  exempt  from  consideration   under  this  subdivision,  be  without  regard  to  the  lien and estate   recovery provisions of section three hundred sixty-nine of  this  title;   provided, however, that nothing herein shall prevent the imposition of a   lien or recovery against property of an individual on account of medical   assistance incorrectly paid.5.  The  commissioner  is  authorized  to enter into a contract with a   private entity to assist in  the  administration  of  the  demonstration   program  established  by  this  section.  Such  a  contract may include,   without limitation, assistance in the development of  the  criteria  for   the  defined  private contribution, drafting of the defined contribution   agreement,  accepting  and  processing  applications  for  demonstration   participation   under   this   section,  and  accepting  and  processing   applications for  medical  assistance  for  demonstration  participants.   Notwithstanding  any  inconsistent  provision  of  sections  one hundred   twelve and one hundred sixty-three of the state finance law, or  section   one hundred forty-two of the economic development law, or any other law,   the  commissioner  is  authorized  to  enter  into a contract under this   subdivision without a competitive bid or request for proposal process.6. If the commissioner exercises his or her authority to  implement  a   demonstration program under this section he or she shall submit a report    to  the  governor,  president  pro  tem of the senate and speaker of the   assembly by the first day of November,  two  thousand  fifteen,  on  the   implementation of this section. Such report shall include a statement as   to  the  extent  to  which  individuals have opted to participate in the   demonstration, an analysis of the impact of the demonstration on medical   assistance  program  long-term  care  costs,  any  recommendations   for   legislative action, and such other matters as may be pertinent.