2006 New York Code - Partnership For Long Term Care Program.

 
    §  367-f.  Partnership  for long term care program. 1. Definitions. As
  used in this section:
    (a) "Medicaid extended coverage" shall mean  eligibility  for  medical
  assistance  (i)  without  regard to the resource requirements of section
  three hundred sixty-six of this title, or in the case of  an  individual
  covered   under   an   insurance  policy  or  certificate  described  in
  subdivision two of this section that provided a residential health  care
  facility   benefit   less   than   three   years  in  duration,  without
  consideration of an amount of  resources  equivalent  to  the  value  of
  benefits received by the individual under such policy or certificate, as
  determined  under  the  rules  of  the  partnership  for  long term care
  program, and (ii) without regard to the recovery of  medical  assistance
  from the estates of individuals and the imposition of liens on the homes
  of  persons  pursuant to section three hundred sixty-nine of this title,
  with  respect  to  resources  exempt  from  consideration  pursuant   to
  subparagraph  (i)  of  this  paragraph;  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.
    (b) "Long term care services" shall include, but  not  be  limited  to
  care,  treatment,  maintenance,  and  services:  provided  in  a nursing
  facility licensed under article twenty-eight of the public  health  law;
  provided by a home care services agency, certified home health agency or
  long  term  home  health  care program, as defined in section thirty-six
  hundred two of the public health law; provided by an  adult  day  health
  care program in accordance with regulations of the department of health;
  or  provided  by  a  personal care provider licensed or regulated by any
  other state or local agency; and such other services for  which  medical
  assistance   is   otherwise  available  under  this  chapter  which  are
  designated as long term care services  in  law  or  regulations  of  the
  department of health.
    2.  Notwithstanding  any inconsistent provision of this chapter or any
  other law to the contrary, the partnership for long  term  care  program
  shall provide Medicaid extended coverage to a person receiving long term
  care  services  if  there  is  federal  participation  pursuant  to such
  treatment and such person: (a) is or was covered by an insurance  policy
  or  certificate  providing  coverage  for long term care which meets the
  applicable minimum benefit standards of the superintendent of  insurance
  and  other requirements for approval of participation under the program;
  and, (b) has exhausted the coverage and  benefits  as  required  by  the
  program.
    3.  Notwithstanding  any inconsistent provision of this chapter or any
  other law to the contrary, the commissioner of health,  in  consultation
  with the superintendent of insurance and the director of the budget, may
  enter  into  reciprocal  agreements  with  other states which administer
  partnership for long  term  care  programs  under  which  purchasers  of
  policies  in those states with comparable benefits to policies available
  in this state shall be eligible for Medicaid extended coverage  in  this
  state  so  long  as purchasers of policies in this state with comparable
  benefits to policies available in such state or states shall be eligible
  for Medicaid extended coverage in such state or states.