2023 New York Laws › PBH - Public Health › Article 36 - Home Care Services › 3615 - State Aid to Certified Home Health Agencies.

* §  3615.  State  aid to certified home health agencies. 1. State aid
shall be provided  to  certified  home  health  agencies  to  assist  in
developing and ensuring their capacity to meet community need. Funds for
such  aid  shall  be  made  available  each  year  in an amount equal to
twenty-five cents per  capita  of  the  population  within  each  health
systems agency region, as established pursuant to article twenty-nine of
this chapter, or two hundred thousand dollars, whichever is greater. Two
million  five hundred thousand dollars shall be for the state's share of
payments provided pursuant to subdivision  five  of  section  thirty-six
hundred  fourteen  of  this  article.  The remaining amount shall be for
purposes of providing grants  pursuant  to  this  section  and  sections
thirty-six hundred seven and thirty-six hundred nine of this article.
2.  For  purposes  of  funding  grants pursuant to sections thirty-six
hundred seven and thirty-six hundred nine of  this  article  and  grants
pursuant to this section, the commissioner shall allocate the proportion
of  funds  among  the  health  systems  agency  regions  using  the last
preceding  federal  census  or  other  census  data  approved   by   the
comptroller.
3.  Such  annual  funds allocated to each health systems agency region
shall be made available for grants to applicants within each such region
which are determined eligible and approved by the commissioner  pursuant
to  the provisions of this section and sections thirty-six hundred seven
and thirty-six hundred nine of this article.
4. In order to be considered eligible for receipt of a grant  pursuant
to  this  section,  a  certified  home  health  agency  shall  submit an
application to the department. Such application  shall  demonstrate,  to
the satisfaction of the commissioner, that the agency:
(a)  received  a certificate of approval pursuant to the provisions of
section thirty-six hundred eight of this  article  at  least  two  years
prior  to  the date of the application and that such certificate has not
been revoked or annulled subsequent to its receipt and is not limited as
of the time of application;
(b) shall utilize grant funds to provide home care services to persons
whose residence is in an area which, due to location, is more costly  to
serve,  or  persons  whose  conditions require a more intensive level of
home care than typically provided in a visit;
(c) shall undertake reasonable efforts to maintain  financial  support
from public and community contributed funding sources;
(d)  shall  make  every  reasonable  effort  to  collect  payments for
services from third party  insurance  payers,  governmental  payers  and
self-paying patients;
(e)  shall  have  professional assistance available on a seven day per
week, twenty-four hour per day basis;
(f) shall  establish  a  reasonable  relationship  between  costs  and
charges, or establish charges at approximate cost; and
(g)   has   no  other  available  financial  resources  to  serve  the
populations as identified in paragraph (b) of this subdivision.
5. For the purpose of this section  and  sections  thirty-six  hundred
seven  and  thirty-six  hundred  nine of this article, a grant applicant
shall submit a copy of its application to the health systems  agency  in
whose region the applicant is located.
6.  For  the  purpose  of this section and sections thirty-six hundred
seven and thirty-six hundred nine of this article, each  health  systems
agency  shall  convene  an advisory group with representatives from, but
not limited to, local departments of health, including  those  organized
and  unorganized  as  county  and  part-county  health districts, social
services  districts,  offices  for  the  aging,  certified  home  health
agencies,  and  consumers  of home health agency services. Such advisory

group, after considering recommendations from  persons  involved  in  or
knowledgeable  about home care services delivered in that region, shall,
consistent with state  and  regional  health  plans,  identify  priority
regional and local needs for the purposes identified in this section and
sections  thirty-six  hundred  seven and thirty-six hundred nine of this
article.  The health systems agency shall provide  to  the  commissioner
the   recommendations  of  the  advisory  group  regarding  which  grant
applications meet regional and local needs,  as  well  as  the  advisory
group's prioritization of applications.
7.  For  the  purposes of this section and sections thirty-six hundred
seven and thirty-six hundred nine  of  this  article,  the  commissioner
shall  approve  applications  for  grants which meet the requirements of
this section pursuant to which the application is  submitted  and  rules
and   regulations   adopted   pursuant   thereto.   In   approving  such
applications, the commissioner shall take into prime  consideration  the
recommendations  of  the  advisory  group convened by the health systems
agency in whose region the applicants are located  and  also  take  into
consideration  other  applications  submitted  by the same applicant for
grants submitted pursuant  to  such  sections.  The  commissioner  shall
notify each advisory group and each applicant in writing of his approval
or  disapproval  and,  if  disapproval,  shall  state  the  reasons  for
disapproval.
8. Grants approved for the purposes of this section may be  made  each
year  for  up  to a two-year period or until the costs for such services
provided by virtue of receipt of the grant  are  included  in  rates  of
payment,  whichever  is  sooner.  Certified  home  health agencies which
receive grants pursuant to this section may reapply for grants  and  may
be  approved  if the applicant satisfies the requirements of subdivision
four of this section and rules and regulations adopted pursuant to  this
section.
9. In the event that a public certified home health agency is approved
for  a  grant,  pursuant to this section, funds provided under the grant
shall not reduce the amount of aid otherwise reimbursable to such agency
pursuant to article six of this chapter.
10. The commissioner  is  authorized  to  promulgate  such  rules  and
regulations,  as  are  necessary  to  carry  out  the provisions of this
section. Such rules and regulations may include, but not be limited  to,
minimum and maximum grant levels.
11.  Recipients  of grants shall submit to the commissioner reports on
the use of grants provided under this section at such times and in  such
format as the commissioner may prescribe.
* NB Effective until June 30, 2025
* §  3615.  State  grants  to certified home health agencies. 1. State
grants shall be provided to certified home health agencies to assist  in
developing and ensuring their capacity to meet community need. Funds for
such  grants  shall  be  made  available each year in an amount equal to
twenty-five cents per  capita  of  the  population  within  each  health
systems agency region, as established pursuant to article twenty-nine of
this chapter, or two hundred thousand dollars, whichever is greater.
2.  The  commissioner shall allocate the proportion of funds among the
health systems agency regions using the last preceding federal census or
other census data approved by the comptroller.
3. Seventy-five percent of such annual funds allocated to each  health
systems  agency  region  shall be made available for grants to certified
home health agencies  within  each  such  region  which  are  determined
eligible  and  approved  by  the  commissioner pursuant to this section.
Twenty-five percent of  such  annual  funds  allocated  to  each  health
systems  agency  region shall be made available for grants to applicants

within each such region which are determined eligible  and  approved  by
the  commissioner  pursuant  to  the  provisions  of sections thirty-six
hundred  seven  and   thirty-six   hundred   nine   of   this   article.
Notwithstanding  such  percentages,  in  the  event that grants approved
under either percentage category are  less  than  the  amount  available
pursuant  to such percentage, the remaining amount shall be added to and
deemed available for the purposes of the other percentage amount.
4. In order to be considered eligible for receipt of a grant  pursuant
to  this  section,  a  certified  home  health  agency  shall  submit an
application to the department. Such application  shall  demonstrate,  to
the satisfaction of the commissioner, that the agency:
(a)  received  a certificate of approval pursuant to the provisions of
section thirty-six hundred eight of this  article  at  least  two  years
prior  to  the date of the application and that such certificate has not
been revoked or annulled subsequent to its receipt and is not limited as
of the time of application;
(b) shall utilize grant funds to provide home care services to persons
of low income who are not otherwise eligible  for  government  sponsored
programs  or  not covered by insurance, persons whose residence is in an
area which, due to location, is more costly to serve, or  persons  whose
conditions  require  a  more intensive level of home care than typically
provided in a visit;
(c) shall undertake reasonable efforts to maintain  financial  support
from public and community contributed funding sources;
(d)  shall  make  every  reasonable  effort  to  collect  payments for
services from third party  insurance  payers,  governmental  payers  and
self-paying patients;
(e)  shall  have  professional assistance available on a seven day per
week, twenty-four hour per day basis;
(f) shall  establish  a  reasonable  relationship  between  costs  and
charges, or establish charges at approximate cost; and
(g)   has   no  other  available  financial  resources  to  serve  the
populations as identified in paragraph (b) of this subdivision.
5. For the purpose of this section  and  sections  thirty-six  hundred
seven  and  thirty-six  hundred  nine of this article, a grant applicant
shall submit a copy of its application to the health systems  agency  in
whose region the applicant is located.
6.  For  the  purpose  of this section and sections thirty-six hundred
seven and thirty-six hundred nine of this article, each  health  systems
agency  shall  convene  an advisory group with representatives from, but
not limited to, local departments of health, including  those  organized
and  unorganized  as  county  and  part-county  health districts, social
services  districts,  offices  for  the  aging,  certified  home  health
agencies,  and  consumers  of home health agency services. Such advisory
group, after considering recommendations from  persons  involved  in  or
knowledgeable  about home care services delivered in that region, shall,
consistent with state  and  regional  health  plans,  identify  priority
regional and local needs for the purposes identified in this section and
sections  thirty-six  hundred  seven and thirty-six hundred nine of this
article.  The health systems agency shall provide  to  the  commissioner
the   recommendations  of  the  advisory  group  regarding  which  grant
applications meet regional and local needs,  as  well  as  the  advisory
group's prioritization of applications.
7.  For  the  purposes of this section and sections thirty-six hundred
seven and thirty-six hundred nine  of  this  article,  the  commissioner
shall  approve  applications  for  grants which meet the requirements of
this section pursuant to which the application is  submitted  and  rules
and   regulations   adopted   pursuant   thereto.   In   approving  such

applications,  the  commissioner  shall  take  into  consideration   the
recommendations  of  the  advisory  group convened by the health systems
agency in whose region the applicants are located  and  also  take  into
consideration  other  applications  submitted  by the same applicant for
grants submitted pursuant  to  such  sections.  The  commissioner  shall
notify  each applicant in writing of his approval or disapproval and, if
disapproval, shall state the reasons for disapproval.
8. Grants approved for the purposes of this section may be  made  each
year  for  up  to a two-year period or until the costs for such services
provided by virtue of receipt of the grant  are  included  in  rates  of
payment,  whichever  is  sooner.  Certified  home  health agencies which
receive grants pursuant to this section may reapply for grants  and  may
be  approved  if the applicant satisfies the requirements of subdivision
four of this section and rules and regulations adopted pursuant to  this
section.
9. In the event that a public certified home health agency is approved
for  a  grant,  pursuant to this section, funds provided under the grant
shall not reduce the amount of aid otherwise reimbursable to such agency
pursuant to article six of this chapter.
10. The commissioner  is  authorized  to  promulgate  such  rules  and
regulations,  in  consultation  with  the  state  council  on  home care
services, as are necessary to carry out the provisions of this  section.
Such  rules  and regulations may include, but not be limited to, minimum
and maximum grant levels.
11. Recipients of grants shall submit to the commissioner  reports  on
the  use of grants provided under this section at such times and in such
format as the commissioner may prescribe.
* NB Effective June 30, 2025