2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2808-D - Nursing Home Quality Improvement Demonstration Program.

§  2808-d.  Nursing home quality improvement demonstration program. 1.
Notwithstanding any  law,  rule  or  regulation  to  the  contrary,  the
commissioner  shall,  within  amounts  appropriated  and  subject to the
availability   of   federal   financial   participation,   establish   a
demonstration  program  to  improve the quality of care for nursing home
residents through the increase or improvement of direct  care  staff  at
nursing   homes.  In  furtherance  of  such  demonstration  program  the
commissioner shall adjust the  Medicaid  rates  of  payment  to  nursing
homes,  selected  pursuant  to a competitive process, provided, however,
that payments made pursuant to this section to public residential health
care facilities shall be made as grants and shall not be deemed  medical
assistance  payments. Requests for proposals for eligible projects shall
be issued by the commissioner, provided however  that  the  commissioner
shall   not   issue  any  new  requests  for  proposals  after  December
thirty-first, two thousand four and all  awards  for  subsequent  annual
periods  shall be distributed on the same proportional basis as the most
recent available distribution. After December thirty-first, two thousand
four, awardees may use funds received for any of the purposes listed  in
subdivision two of this section, without restriction.
2. Such eligible projects may include:
(a) an increase in direct care staff, either facility wide or targeted
at a particular area of care or shift;
(b)  increased  training and education of direct care staff, including
allowing direct care staff to increase their level of licensure relevant
to nursing home care;
(c) efforts to decrease staff turn-over; and
(d) other efforts related to the recruitment and retention  of  direct
care staff that will effect the quality of care at such facility.
3.  The  commissioner  shall  consider,  in  selecting  projects,  the
likelihood that such project will improve the care for the residents  of
the  facility,  the  financial  need  of the nursing home and such other
matters as the commissioner deems appropriate.
4. Grants and adjustments to Medicaid rates of payment  made  pursuant
to  this  section shall not, in aggregate, exceed sixty-two million five
hundred thousand dollars for  the  period  beginning  April  first,  two
thousand two and ending December thirty-first, two thousand two, and, on
an annualized basis, for each annual period thereafter beginning January
first, two thousand three and ending December thirty-first, two thousand
four,  and  shall  not,  in  aggregate,  exceed  forty-six million eight
hundred seventy-five thousand dollars for the  period  July  first,  two
thousand five through December thirty-first, two thousand five and shall
not,  in aggregate, on an annualized basis, exceed seventy-eight million
one hundred twenty-five thousand dollars for the period  January  first,
two  thousand  six  through  December thirty-first, two thousand six and
sixty-two million five hundred thousand dollars for the  period  January
first, two thousand seven through June thirtieth, two thousand seven.
5.  Adjustments  to  Medicaid  rates  of payment made pursuant to this
section shall not be subject to subsequent adjustment or reconciliation.
6. Notwithstanding any other provisions of this section or  any  other
contrary  provision  of  law, the commissioner may, from funds allocated
pursuant to subparagraph (ii) or (iii)  or  (iv)  of  paragraph  (u)  of
subdivision one of section twenty-eight hundred seven-v of this article,
in  calendar  year two thousand five, make grants in an aggregate amount
not  to  exceed  twelve  million  five  hundred  thousand  dollars,   to
residential  health  care  facilities in support of projects or programs
designed to improve specific areas of quality of care, as determined  by
the commissioner using established measures of such quality of care, and
provided  further the commissioner may, from funds allocated pursuant to

paragraph (u) of subdivision one of section twenty-eight hundred seven-v
of this article, for the period January first, two thousand six  through
June  thirtieth  two  thousand seven, make grants in an aggregate amount
not  to  exceed  thirty-five  million dollars on an annualized basis, to
residential health care facilities that have  an  arbitrator's  decision
rendered  before  April  first,  two  thousand  six,  requiring payments
related to the recruitment and retention of direct care staff, including
salary and benefits. Each eligible  facility  shall  receive  a  payment
amount  proportional  to  the amount each such facility owes pursuant to
the arbitrator's decision compared to such amounts owed by all  eligible
facilities.