2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 11 - Medical Assistance for Needy Persons › 366-I - Long-Term Care Financing Demonstration Program.

§   366-i.   Long-term   care   financing  demonstration  program.  1.
  Notwithstanding any inconsistent provision  of  sections  three  hundred
  sixty-six  or  three  hundred  sixty-six-c  of  this title, or any other
  provision of law, the commissioner of health is  authorized  to  develop
  the  long-term  care  financing  demonstration  program,  an alternative
  program  for  the  establishment  of  eligibility  under   the   medical
  assistance program for up to five thousand persons.
2.  The  provisions  of  this section shall not take effect unless all
  necessary approvals under federal law and regulation have been  obtained
  to  receive  federal financial participation in the costs of health care
  services provided to persons  determined  to  be  eligible  for  medical
  assistance pursuant to this section.
3.  Defined  private  contribution. Upon being determined eligible for
  the demonstration, a  person  shall  disclose  his  or  her  household's
  resources and income to the local social services district, or an entity
  acting  on  behalf of such district pursuant to subdivision five of this
  section, and shall enter into an agreement with such district or entity.
  The agreement shall require  the  person  to  apply  a  defined  private
  contribution  toward  the  cost  of  institutional  or non-institutional
  long-term care, as defined by  the  commissioner  in  regulations.  Such
  regulations  shall  provide  for two levels of contribution: (a) a level
  that would permit a full medical assistance resource exemption  pursuant
  to paragraph (a) of subdivision four of this section; and (b) a level or
  levels that would permit a medical assistance resource exemption that is
  equivalent to the value of the contribution pursuant to paragraph (b) of
  subdivision four of this section.
4.  Medical  assistance  eligibility.  Upon  completion of the defined
  private contribution required by such agreement, the  person  may  apply
  for  medical  assistance  under  this  title and, if otherwise eligible,
  shall be eligible for such assistance either: (a)  in  the  case  of  an
  individual  who  opts  for  a  contribution level under paragraph (a) of
  subdivision  three  of  this  section,  without  regard   to   otherwise
  applicable resource requirements of this title; or (b) in the case of an
  individual  who  opts  for  a  contribution level under paragraph (b) of
  subdivision three of this  section,  without  regard  to  an  amount  of
  resources that is equivalent to the value of the contribution. In either
  case,  eligibility  for  medical assistance under this title shall, with
  respect to the amount of resources that are  exempt  from  consideration
  under  this  subdivision,  be  without  regard  to  the  lien and estate
  recovery provisions of section three hundred sixty-nine of  this  title;
  provided, however, that nothing herein shall prevent the imposition of a
  lien or recovery against property of an individual on account of medical
  assistance incorrectly paid.
5.  The  commissioner  is  authorized  to enter into a contract with a
  private entity to assist in  the  administration  of  the  demonstration
  program  established  by  this  section.  Such  a  contract may include,
  without limitation, assistance in the development of  the  criteria  for
  the  defined  private contribution, drafting of the defined contribution
  agreement,  accepting  and  processing  applications  for  demonstration
  participation   under   this   section,  and  accepting  and  processing
  applications for  medical  assistance  for  demonstration  participants.
  Notwithstanding  any  inconsistent  provision  of  sections  one hundred
  twelve and one hundred sixty-three of the state finance law, or  section
  one hundred forty-two of the economic development law, or any other law,
  the  commissioner  is  authorized  to  enter  into a contract under this
  subdivision without a competitive bid or request for proposal process.
6. If the commissioner exercises his or her authority to  implement  a
  demonstration program under this section he or she shall submit a report

  to  the  governor,  president  pro  tem 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 a statement as
  to  the  extent  to  which  individuals have opted to participate in the
  demonstration, an analysis of the impact of the demonstration on medical
  assistance  program  long-term  care  costs,  any  recommendations   for
  legislative action, and such other matters as may be pertinent.