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

§  367-v.  County  long-term  care financing demonstration program. 1. Notwithstanding any inconsistent provision of law, the  commissioner  is authorized   to  establish  a  long-term  care  financing  demonstration program, to operate in up to five counties, for the purpose of  creating incentives  and  funding  for  the transformation of county nursing home beds into other long-term care settings.   2. (a) The demonstration program established pursuant to this  section shall  permit  a  participating county to reduce its county nursing home bed capacity, or to close a county  nursing  home,  and  to  invest  any resulting demonstrated savings in programs or services that will, to the extent  feasible,  encourage  the  use of community-based long-term care alternatives to institutional care.  (b) Such programs or services may include, but are not limited to:  (i) expansion of community-based services  such  as  the  program  for all-inclusive  care  for  the  elderly (PACE), the long term home health care program, the  managed  long  term  care  program,  adult  day  care services, and caregiver support services;  (ii) expansion of senior housing;  (iii) assisted living program;  (iv) payment of subsidies to encourage assisted living programs, adult care  facilities,  and  non-public nursing homes to accept hard-to-serve residents; and  (v) contracts with non-public nursing  homes  to  guarantee  beds  for those  hard-to-serve  persons  who  choose nursing home care or for whom other community-based options are not feasible or are unavailable.   3. A county  wishing  to  participate  in  the  demonstration  program established  pursuant to this section shall develop a plan and submit an application for participation to the commissioner  of  health  detailing such  plan  at  a  time  and  in  a  manner  to  be  determined  by such commissioner. The commissioner is authorized to  approve  or  disapprove any such application and to certify the amount of demonstrated savings.   4.  Notwithstanding  the  cap  on  social  services district shares of medical assistance expenditures established pursuant to section  one  of part  C  of  chapter  fifty-eight  of the laws of two thousand five, the director of the division of the budget is authorized, in his or her sole discretion, to adjust a district's cap amount to account for changes  in the  non-federal share of medical assistance resulting from any approved demonstration plan.   5. The commissioner of health is authorized to submit  any  amendments to  the state plan for medical assistance and any waivers of the federal social security act that such commissioner determines to be necessary to obtain federal financial participation in the costs of services provided pursuant to this section.   6. The commissioner of health shall submit a report to  the  governor, temporary  president  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 identification of the counties approved to participate in the  demonstration,  a  description  of  such counties' approved demonstration plans, an analysis of the impact of the demonstration   on  long-term  care  costs  and  service  delivery,  any recommendations for legislative action, and such other matters as may be pertinent.