2023 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.