2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 11 - Medical Assistance for Needy Persons › 367-Q - Personal Care Services Worker Recruitment and Retention Program.

§  367-q.  Personal  care  services  worker  recruitment and retention
program.  1.  The  commissioner  of  health  shall,   subject   to   the
availability  of  federal  financial  participation adjust personal care
services medical assistance rates of  payment  established  pursuant  to
this  title for personal care services providers located in local social
service districts which do not include a city with a population of  over
one  million  persons  in  accordance with subdivisions two and three of
this section for purposes of  improving  recruitment  and  retention  of
personal  care  services  workers or any worker with direct patient care
responsibility in the following  aggregate  amounts  for  the  following
periods:
(a)  for  the  period  April  first, two thousand two through December
thirty-first, two thousand two, seven million dollars;
(b) for the period January first, two thousand three through  December
thirty-first, two thousand three, fourteen million dollars;
(c)  for  the period January first, two thousand four through December
thirty-first, two thousand four, twenty-one million dollars;
(d) for the period January first, two thousand five  through  December
thirty-first, two thousand five, twenty-seven million dollars;
(e)  for  the  period January first, two thousand six through December
thirty-first, two thousand six,  thirty-one  million  dollars,  provided
however  that  for  the  period  August  first, two thousand six through
December thirty-first, two thousand six, such rate adjustments shall  be
increased by an additional aggregate amount of four million dollars;
(f)  for  the  period  January  first, two thousand seven through June
thirtieth, two thousand seven, thirteen million  five  hundred  thousand
dollars;
(g)  for  the  period  July  first,  two  thousand seven through March
thirty-first, two thousand eight, twenty-six million two  hundred  fifty
thousand dollars;
(h)  for  the  period  April  first,  two thousand eight through March
thirty-first, two  thousand  nine,  twenty-eight  million  five  hundred
thousand dollars;
(i)  for  the  period  April  first,  two  thousand nine through March
thirty-first,  two  thousand  ten,  twenty-eight  million  five  hundred
thousand dollars;
(j)  for  the  period  April  first,  two  thousand  ten through March
thirty-first, two thousand eleven,  twenty-eight  million  five  hundred
thousand dollars;
(k)  for  the  period  April  first, two thousand eleven through March
thirty-first, two thousand twelve,  twenty-eight  million  five  hundred
thousand dollars;
(l)  for  the  period  April  first, two thousand twelve through March
thirty-first, two thousand thirteen, up  to  twenty-eight  million  five
hundred thousand dollars;
(m)  for  the  period April first, two thousand thirteen through March
thirty-first, two thousand fourteen, up  to  twenty-eight  million  five
hundred thousand dollars;
(n)  for  the  period April first, two thousand fourteen through March
thirty-first, two thousand fifteen,  up  to  twenty-eight  million  five
hundred thousand dollars;
(o)  for  the  period  April first, two thousand fifteen through March
thirty-first, two thousand sixteen,  up  to  twenty-eight  million  five
hundred thousand dollars; and
(p)  for  the  period  April first, two thousand sixteen through March
thirty-first, two thousand seventeen, up to  twenty-eight  million  five
hundred thousand dollars;
(q)  for  the period April first, two thousand seventeen through March
thirty-first, two thousand eighteen, up  to  twenty-eight  million  five
hundred thousand dollars;
(r)  for  the  period April first, two thousand eighteen through March
thirty-first, two thousand nineteen, twenty-eight million  five  hundred
thousand dollars;
(s)  for  the  period April first, two thousand nineteen through March
thirty-first, two thousand twenty,  twenty-eight  million  five  hundred
thousand dollars;
(t)  for  the  period  April  first, two thousand twenty through March
thirty-first, two thousand twenty-one, up to twenty-eight  million  five
hundred thousand dollars;
(u)  for the period April first, two thousand twenty-one through March
thirty-first, two thousand twenty-two, up to twenty-eight  million  five
hundred thousand dollars;
(v)  for the period April first, two thousand twenty-two through March
thirty-first, two thousand twenty-three, up to twenty-eight million five
hundred thousand dollars;
(w) for the period April  first,  two  thousand  twenty-three  through
March thirty-first, two thousand twenty-four, up to twenty-eight million
five hundred thousand dollars;
(x) for the period April first, two thousand twenty-four through March
thirty-first,  two thousand twenty-five, up to twenty-eight million five
hundred thousand dollars;
(y) for the period April first, two thousand twenty-five through March
thirty-first, two thousand twenty-six, up to twenty-eight  million  five
hundred thousand dollars.
2.   Such   adjustments  to  rates  of  payments  shall  be  allocated
proportionally based on each personal  care  services  providers'  total
annual  hours  of  personal  care services provided, as reported in each
such provider's nineteen hundred ninety-nine cost report as submitted to
the department of health prior to  November  first,  two  thousand  one,
provided,  however,  that  for  periods  on  and  after  July first, two
thousand seven, such payments shall be  in  the  form  of  a  percentage
add-on  to  rates  of  payments  of  eligible  providers  based  on  the
proportion of each personal care services providers' total annual  hours
of  personal  care services provided to recipients of medical assistance
to the total annual hours of personal care  services  provided  by  such
providers.
3.  Payments  made  pursuant  to  this section shall not be subject to
subsequent adjustment or reconciliation.
4. Personal care services providers which have  their  rates  adjusted
pursuant  to  this  section  shall  use  such  funds  for the purpose of
recruitment and retention  of  non-supervisory  personal  care  services
workers  or  any worker with direct patient care responsibility only and
are prohibited from using such funds for any other  purpose.  Each  such
personal  care services provider shall submit, at a time and in a manner
to be determined by the commissioner of health, a written  certification
attesting  that  such  funds  will  be  used  solely  for the purpose of
recruitment and retention  of  non-supervisory  personal  care  services
workers  or  any  worker  with  direct  patient care responsibility. The
commissioner of health is authorized to  audit  each  such  provider  to
ensure  compliance  with  the  written  certification  required  by this
subdivision and shall recoup any funds determined to have been used  for
purposes   other  than  recruitment  and  retention  of  non-supervisory
personal care services workers or any worker with  direct  patient  care
responsibility.  Such  recoupment  shall  be  in  addition  to any other
penalties provided by law.