2023 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.