2006 New York Code - Payment For Limited Home Care Services Agencies.

 
    * §  367-p.  Payment  for  limited  home  care  services  agencies. 1.
  Notwithstanding any law to the contrary, the commissioner shall, subject
  to the approval of the  director  of  the  budget,  establish  rates  of
  payment  for  services  provided by limited home care services agencies,
  licensed by the department of  health  pursuant  to  section  thirty-six
  hundred  five  of the public health law, to eligible individuals who are
  residents of adult homes and enriched housing programs certified by  the
  department  in  accordance  with article seven of this chapter. Services
  for which reimbursement shall be available are  personal  care  services
  provided   directly  by  the  agency  and  authorized  and  provided  in
  accordance with the rules and regulations of  the  department;  and  the
  administration  of medications and application of sterile dressings by a
  registered nurse provided, however, that the services provided  by  such
  agency  are  not  services  that  must  be provided to residents of such
  facilities pursuant to article seven of this chapter.
    2. Notwithstanding any law  to  the  contrary,  a  limited  home  care
  services agency licensed by the department of health shall be reimbursed
  at a rate that is significantly less than the current costs of providing
  such  services through a personal care provider or certified home health
  agency in the same service area.
    3. For purposes of this  section,  an  eligible  individual  means  an
  individual  who is eligible for medical assistance, as determined by the
  appropriate social services district, which  has  also  determined  that
  such   individual  has  a  medical  need  for  services  and  that  such
  individual's needs can safely and appropriately be met  by  the  limited
  home care services agency in the adult home or enriched housing program.
    4.  Prior  to authorizing payment for services provided to an eligible
  individual by a limited  home  care  services  agency,  the  appropriate
  social  services district must determine that the service proposed to be
  provided by  such  agency  is  cost-effective  in  comparison  to  other
  available  and  appropriate  service  delivery  options available in the
  district.
    5. The commissioner of health shall establish  rates  of  payment  for
  services  provided  pursuant  to  this  section  by  November fifteenth,
  nineteen hundred ninety-seven.
    * NB Expires March 31, 2007
    * NB There are 2 § 367-p's