NY Soc Serv L § 367-E (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 11 - Medical Assistance for Needy Persons 367-E - Payment for AIDS Home Care Programs.

§  367-e. Payment for AIDS home care programs. 1. If an AIDS home care   program as defined under article thirty-six of the public health law  is   provided in the social services district for which he has authority, the   local  social  services official, before he authorizes care in a nursing   home or intermediate care facility or before he authorizes  home  health   services  or  personal  care  services  for a person eligible to receive   services under this title, shall notify the person  in  writing  of  the   provisions of this section.2.  If  a  person eligible to receive services under the provisions of   this title desires to remain and is deemed  by  his  physician  able  to   remain  in  his  own home or the home of a responsible relative or other   responsible adult if the necessary services are provided, such person or   his representative shall so inform the local social  services  official.   If  an AIDS home care program as defined under article thirty-six of the   public health law is provided in the social services district for  which   he  has authority, such official shall authorize an assessment under the   provision of section three thousand six hundred sixteen  of  the  public   health  law.  If  the results of the assessment indicate that the person   can receive the appropriate level of care at home,  the  official  shall   prepare  for that person a plan for the provision of services comparable   to those that would be rendered in a hospital or residential health care   facility, as appropriate for the patient. In developing such  plan,  the   official  shall consult with those persons performing the assessment and   shall assure that such plan is appropriate to the  patient's  needs  and   will  result  in  an  efficient  use  of services. The services shall be   provided by a long term home  health  care  program  authorized  by  the   commissioner of health under article thirty-six of the public health law   to provide an AIDS home care program.3.  The  commissioner  shall apply for any waivers, including home and   community based services waivers pursuant to  section  nineteen  hundred   fifteen-c  of  the social security act, necessary to implement AIDS home   care programs. Notwithstanding any inconsistent  provision  of  law  but   subject  to  expenditure  limitations of this section, the commissioner,   subject to the approval  of  the  state  director  of  the  budget,  may   authorize  the  utilization  of  medical  assistance  funds  to  pay for   services provided by AIDS  home  care  programs  in  addition  to  those   services  included in the medical assistance program under section three   hundred sixty-five-a of this  chapter,  so  long  as  federal  financial   participation  is  available  for such services. Expenditures made under   this subdivision shall be deemed payments  for  medical  assistance  for   needy  persons  and  shall  be  subject to reimbursement by the state in   accordance with the provisions of section three hundred sixty-eight-a of   this chapter.4. No social  services  district  shall  make  payment  for  a  person   receiving  an  AIDS  home care program while payments are being made for   that person for inpatient care in a residential health care facility  or   hospital.6.  This  section  shall  be  effective  if,  and  as long as, federal   financial participation is available.