2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 11 - Medical Assistance for Needy Persons › 364-B - Residential and Medical Care Placement Demonstration Projects.

*  §  364-b.  Residential  and  medical  care  placement demonstration
  projects.   1.   Notwithstanding any  inconsistent  provisions  of  this
  chapter  or any other law to the contrary, social services districts are
  hereby  authorized   to   conduct   or   participate   in   time-limited
  demonstration  projects for the purpose of demonstrating the feasibility
  of reducing medical assistance  expenditures  for  care  in  residential
  health  facilities  by  utilizing  medical  assistance  funds for:   (a)
  conducting  initial  assessments  of,  and  performing  case  management
  functions,  for  (i) persons financially eligible for medical assistance
  pursuant to this title who request long term  care  services,  and  (ii)
  persons  whether  or  not  otherwise  financially  eligible  for medical
  assistance who seek care in or discharge from a residential health  care
  facility  or  a  congregate  care  facility  as described in section two
  hundred nine of this chapter, and  (b)  providing  social  services  and
  medical  supplies determined to be necessary and appropriate as a result
  of assessments conducted pursuant to  paragraph  (a)  hereof,  to  those
  persons  participating in an approved project who are otherwise eligible
  to receive medical assistance, whether or not such services or  supplies
  are  authorized to be provided under this title; provided, however, that
  no such additional services or  supplies  provided  hereunder  shall  be
  subject  to  state  reimbursement  unless prior approval to provide such
  services or supplies to persons eligible for medical assistance has been
  granted by the department.  Such demonstration projects may be conducted
  or participated in by a social services district only in accordance with
  a plan submitted to the department on or before  the  thirtieth  day  of
  June,  nineteen hundred seventy-seven, and only to the extent and period
  for which such plan has been approved or from time to time  extended  by
  the commissioner.
2.   Any plan submitted pursuant to this section shall provide that in
  any case in which  it  is  determined  by  an  assessment  conducted  in
  accordance  with  such  a  project  that  placement in a skilled nursing
  facility or an intermediate care facility  would  be  appropriate,  such
  placement  shall  be subject to review and approval by the department of
  health provided, however, that the commissioner of health  may  delegate
  preplacement assessment review function to such a project.  In addition,
  any  plan submitted pursuant to this section shall include a description
  of   any   assessment   methodology   utilized   in   determining    the
  appropriateness   of   placements   in  skilled  nursing  facilities  or
  intermediate care facilities and any such plan may be  approved  by  the
  commissioner  only  after  such  methodology  has  been submitted to the
  department of health for its review and comment.
3.  Notwithstanding any inconsistent provision of law to the contrary,
  expenditures made in connection with an approved residential and medical
  care placement demonstration project for  assessments,  case  management
  and  social  services  and medical supplies authorized to be provided by
  this title or approved by the department,  shall  be  subject  to  state
  reimbursement  under  section  three hundred sixty-eight-a of the social
  services law in accordance  with  a  schedule  of  maximum  reimbursable
  amounts established by the department for such services and supplies.
4.   Notwithstanding any inconsistent provision of this chapter or any
  other law to the contrary, the commissioner may, subject to the approval
  of the director of the budget, approve such demonstration  projects  and
  apply  for  the appropriate waivers under federal law and regulation and
  may waive:   (a) any provision  of  this  title  or  regulation  of  the
  department  as  may  be  necessary  to  make  medical  assistance  funds
  available  for  initial  assessment  and  performing   case   management
  functions  for  persons  participating in such approved projects without
  regard to their eligibility to participate  in  the  medical  assistance

  program  and  when  appropriate,  providing  additional  approved social
  services and medical  supplies,  not  otherwise  authorized  under  this
  title,  to  persons  participating  in  such  approved  projects who are
  otherwise eligible to participate in the medical assistance program; and
  (b)  such department regulations relating thereto as may be necessary to
  enable a social services district to carry out such project.
5.  The commissioner shall require that a final independent evaluation
  be made of any demonstration project approved and conducted hereunder in
  a form mutually agreed upon by him and the state commissioner of health,
  and shall provide copies of such report  to  the  governor  and  to  the
  legislature.    In addition the commissioner shall submit annual interim
  reports on the progress of each project to the governor and  legislature
  by the first day of February of each year.
* NB Expired September 30, 1986