2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 11 - Medical Assistance for Needy Persons › 364-H - Foster Family Care Demonstration Programs for Elderly or Disabled Persons.

* §  364-h.  Foster  family care demonstration programs for elderly or
disabled persons. 1. The department is authorized to designate up to ten
entities which may include general hospitals,  residential  health  care
facilities,  home  health  care programs, and long term home health care
programs for the purpose of testing whether foster family care  programs
for  certain elderly or disabled persons can be appropriate alternatives
to institutional placement in those instances where such individuals  do
not  have a home or the necessary resources or family support to live in
the community.
2. A hospital, facility, or program designated as a foster family care
demonstration program shall perform the following functions:
(a) recruitment, selection and training of families to serve as foster
families;
(b) selection of those elderly or disabled persons  who  will  receive
foster  family  care services under the demonstration project authorized
herein, and assessment of their needs;
(c) provision of or arrangement for necessary medical services; and
(d) monitoring the care being received by the  person  in  the  foster
family care home, and assessing the continuing viability of placement in
such home.
3.   Persons  eligible  to  participate  in  the  foster  family  care
demonstration programs authorized by this section shall be:
(a) medically eligible for placement in a skilled nursing facility  or
a health related facility or eligible for home care services;
(b)  capable  of  being  cared for in the community if a suitable home
environment and medical support services are provided; and
(c) lacking the home, resources or  family  support  to  live  in  the
community.
4.  Families  who  participate in the foster family care demonstration
program shall be willing and able to provide:
(a) room and board;
(b) supervision of or assistance with the activities of daily  living;
and
(c) personal care and other related services which may be necessary to
maintain the person in the community.
5. In designating a hospital, facility, or program to provide a foster
family  care  program,  the  department  shall  be  satisfied  as to the
cost-effectiveness of the proposal as  compared  to  institutional  long
term care.
6.  The commissioner may waive the provisions of titles one and two of
article seven of this chapter and regulations of the department relative
thereto as necessary  to  implement  the  provisions  of  this  section;
provided,  however, the commissioner shall be satisfied that the health,
safety and welfare of persons participating in the foster care  programs
are not affected negatively by such waivers.
7.  This  section  shall  not  be  interpreted  to  restrict a medical
assistance recipient's choice of provider of services  to  which  he  is
entitled  pursuant  to  this  title  or  to  authorize any change in the
eligibility criteria for medical assistance.
8. A medical assistance recipient may discontinue participation  in  a
foster family care demonstration program at any time.
9.  The  department shall utilize all potential sources of funding for
such foster family care programs including, but not limited to,  funding
available  through  titles sixteen, eighteen, nineteen and twenty of the
federal social security act and the federal older Americans act of 1965,
as amended. Services provided as part of a foster  family  care  program
and  related administrative expenses not otherwise eligible for coverage
under these or other funding sources shall be eligible for reimbursement

under  the  medical  assistance  program  for  the  purposes   of   this
demonstration  as  long as federal financial participation is available.
The department shall take all steps necessary  to  secure  such  funding
including  the  submission  of  applicable  waivers.  Copies  of  waiver
submissions shall be provided to the  chairman  of  the  senate  finance
committee and the chairman of the assembly ways and means committee.
10.  The department, in consultation with the department of health and
the office for the  aging,  shall  provide  an  interim  report  to  the
governor  and  the  legislature  on  or  before November first, nineteen
hundred eighty-six and a final report on or before  October  thirty-one,
nineteen  hundred  ninety-five  on the results of the foster family care
demonstration program. The report  shall  include  findings  as  to  the
program's  cost  effectiveness  including  consideration of the costs of
maintaining the person in the community, funding  sources,  programmatic
benefits and the effect on the need for residential health care facility
beds. In the final report, the department shall offer recommendations as
to  whether the program should be extended, modified, eliminated or made
permanent.
11. Foster family care demonstration programs authorized  pursuant  to
chapter   nine  hundred  forty-two  of  the  laws  of  nineteen  hundred
eighty-three and chapter five hundred forty-one of the laws of  nineteen
hundred eighty-four shall comply with the provisions of this section but
shall  be  in  addition to the entities designated in subdivision one of
this section. Such previously authorized demonstration projects shall be
subject to the expiration date of this section.
* NB Repealed December 31, 2025