2006 New York Code - Payment For Assisted Living Programs.

 
    §  367-h.  Payment  for  assisted  living  programs. 1. Subject to the
  approval of the state director  of  the  budget,  the  commissioner  may
  authorize  the  payment  of medical assistance funds for assisted living
  programs, as  defined  in  section  four  hundred  sixty-one-l  of  this
  chapter,  in  accordance  with  capitated  rates  of payment established
  pursuant to subdivision six of section thirty-six  hundred  fourteen  of
  the public health law.
    2.  No  assisted  living  program  shall cease providing services to a
  medical assistance recipient solely because the cost of his or her  care
  exceeds the amount of such capitated payments.
    3.  No  medical  assistance  payments  shall  be made pursuant to this
  section while payments are also being  made  for  inpatient  care  in  a
  residential  health  care  facility or hospital with respect to the same
  person.
    4. This section shall  be  effective  if,  and  as  long  as,  federal
  financial participation is available for medical assistance expenditures
  made pursuant to it.