2006 New York Code - Private Duty Nursing Services Worker Recruitment And Retention Program.

 
    * §  367-r.  Private  duty  nursing  services  worker  recruitment and
  retention program. 1. The commissioner of health shall, subject  to  the
  provisions of subdivision two of this section and to the availability of
  federal  financial  participation,  increase medical assistance rates of
  payment by three percent for services provided  on  and  after  December
  first,  two  thousand  two,  for  private  duty nursing services for the
  purposes of improving recruitment and retention of private duty nurses.
    2. Private duty nursing services  providers  which  have  their  rates
  adjusted  pursuant  to  this section shall use such funds solely for the
  purposes of recruitment and retention of private  duty  nurses  and  are
  prohibited  from  using such funds for any other purpose. Funds provided
  under this section are not intended to supplant support  provided  by  a
  local   government.   Each   such   provider,   with  the  exception  of
  self-employed private duty nurses, shall submit, at  a  time  and  in  a
  manner  to  be  determined  by  the  commissioner  of  health, a written
  certification attesting that such funds will  be  used  solely  for  the
  purpose  of  recruitment  and  retention  of  private  duty  nurses. The
  commissioner of health is authorized to  audit  each  such  provider  to
  ensure  compliance  with  the  written  certification  required  by this
  subdivision and shall recoup all funds determined to have been used  for
  purposes  other  than  recruitment and retention of private duty nurses.
  Such recoupment shall be in addition to any other penalties provided  by
  law.
    * NB Effective until January 1, 2007
    * §  367-r.  Private  duty  nursing  services  worker  recruitment and
  retention program. 1. The commissioner of health shall, subject  to  the
  provisions of subdivision two of this section and to the availability of
  federal  financial  participation,  increase medical assistance rates of
  payment by three percent for services provided  on  and  after  December
  first,  two  thousand  two,  for  private  duty nursing services for the
  purposes of improving recruitment and retention of private duty nurses.
    1-a. Medically fragile children. In addition, the  commissioner  shall
  further  increase  rates  for  private  duty  nursing  services that are
  provided to medically fragile children to  ensure  the  availability  of
  such  services  to such children. In establishing rates of payment under
  this subdivision, the commissioner shall consider the cost neutrality of
  such rates as related to the cost effectiveness of caring for  medically
  fragile  children  in  a  non-institutional  setting  as  compared to an
  institutional  setting.  Medically  fragile  children  shall,  for   the
  purposes  of  this  subdivision, have the same meaning as in subdivision
  three of section thirty-six hundred fourteen of the public  health  law.
  Such  increased  rates for services rendered to such children shall take
  into consideration the elements of cost, geographical  differentials  in
  the  elements  of cost considered, economic factors in the area in which
  the private duty nursing service is provided, costs associated with  the
  provision   of  private  duty  nursing  services  to  medically  fragile
  children, and the need for incentives to improve services and  institute
  economies and shall be payable only to those private duty nurses who can
  demonstrate,   to   the   satisfaction  of  the  department  of  health,
  satisfactory  training  and  experience  to  provide  services  to  such
  children.
    2.  Private  duty  nursing  services  providers which have their rates
  adjusted pursuant to this section shall use such funds  solely  for  the
  purposes  of  recruitment  and  retention  of  private duty nurses or to
  ensure the delivery  of  private  duty  nursing  services  to  medically
  fragile  children and are prohibited from using such funds for any other
  purpose. Funds provided under this section are not intended to  supplant
  support  provided  by  a  local government. Each such provider, with the
  exception of self-employed private duty nurses, shall submit, at a  time
  and  in  a  manner  to  be  determined  by the commissioner of health, a
  written certification attesting that such funds will be used solely  for
  the  purpose  of  recruitment and retention of private duty nurses or to
  ensure the delivery  of  private  duty  nursing  services  to  medically
  fragile children. The commissioner of health is authorized to audit each
  such  provider  to  ensure  compliance  with  the  written certification
  required by this subdivision and shall recoup all  funds  determined  to
  have  been  used  for  purposes  other than recruitment and retention of
  private duty nurses or the delivery of private duty nursing services  to
  medically  fragile children. Such recoupment shall be in addition to any
  other penalties provided by law.
    * NB Effective January 1, 2007 until January 1, 2009
    * § 367-r.  Private  duty  nursing  services  worker  recruitment  and
  retention  program.  1. The commissioner of health shall, subject to the
  provisions of subdivision two of this section and to the availability of
  federal financial participation, increase medical  assistance  rates  of
  payment  by  three  percent  for services provided on and after December
  first, two thousand two, for  private  duty  nursing  services  for  the
  purposes of improving recruitment and retention of private duty nurses.
    2.  Private  duty  nursing  services  providers which have their rates
  adjusted pursuant to this section shall use such funds  solely  for  the
  purposes  of  recruitment  and  retention of private duty nurses and are
  prohibited from using such funds for any other purpose.  Funds  provided
  under  this  section  are not intended to supplant support provided by a
  local  government.  Each  such   provider,   with   the   exception   of
  self-employed  private  duty  nurses,  shall  submit, at a time and in a
  manner to be  determined  by  the  commissioner  of  health,  a  written
  certification  attesting  that  such  funds  will be used solely for the
  purpose of  recruitment  and  retention  of  private  duty  nurses.  The
  commissioner  of  health  is  authorized  to audit each such provider to
  ensure compliance  with  the  written  certification  required  by  this
  subdivision  and shall recoup all funds determined to have been used for
  purposes other than recruitment and retention of  private  duty  nurses.
  Such  recoupment shall be in addition to any other penalties provided by
  law.
    * NB Effective January 1, 2009