2013 New York Consolidated Laws
PBH - Public Health
Article 36 - (3600 - 3622) HOME CARE SERVICES
3616 - Provision of certified home health agency services, long term home health care programs and AIDS home care programs.

 
    §  3616. Provision of certified home health agency services, long term
  home health care programs and AIDS home care programs. 1.  A  long  term
  home  health  care  program shall be provided only to those patients who
  are medically eligible for placement in a hospital or residential health
  care facility. An AIDS home care  program  shall  be  provided  only  to
  persons  who  are  medically  eligible  for  placement  in a hospital or
  residential health  care  facility  and  who  (a)  are  diagnosed  by  a
  physician  as  having  acquired  immune  deficiency syndrome, or (b) are
  deemed by a physician, within his judgment,  to  be  infected  with  the
  etiologic  agent  of  acquired  immune  deficiency  syndrome,  and whose
  illness, infirmity or disability can be  reasonably  ascertained  to  be
  associated  with  such  infection.  Provision  of  certified home health
  agency services, a long term home health care program or  an  AIDS  home
  care  program  paid for by government funds shall be based upon, but not
  limited to, a comprehensive assessment that shall include,  but  not  be
  limited to, an evaluation of the medical, social and environmental needs
  of  each  applicant  for such services or program. This assessment shall
  also serve as  the  basis  for  the  development  and  provision  of  an
  appropriate  plan  of  care  for  the  applicant.  In cases in which the
  applicant is  a  patient  in  a  hospital  or  residential  health  care
  facility, the assessment shall be completed by persons designated by the
  commissioner,  including, but not limited to, the applicant's physician,
  the discharge coordinator of the hospital  or  residential  health  care
  facility   referring  the  applicant,  a  representative  of  the  local
  department of social services, and a representative of the provider of a
  long term home health care program,  AIDS  home  care  program,  or  the
  certified home health agency that will provide services for the patient.
  In  cases  in  which  the  applicant  is  not a patient in a hospital or
  residential health care facility, the assessment shall be  completed  by
  persons  designated  by  the commissioner including, but not limited to,
  the applicant's physician, a representative of the local  department  of
  social services and a representative of the provider of a long term home
  health care program, AIDS home care program or the certified home health
  agency  that will provide services for the patient. The assessment shall
  be completed prior to or within  thirty  days  after  the  provision  of
  services  begins.  Payment for services provided prior to the completion
  of the assessment shall be made only if it  is  determined,  based  upon
  such  assessment,  that  the  recipient qualifies for such services. The
  commissioner shall prescribe the forms on which the assessment  will  be
  made.
    2.  Continued  provision of a long term home health care program, AIDS
  home care program or certified home health agency services paid  for  by
  government  funds  shall be based upon a comprehensive assessment of the
  medical,  social  and  environmental  needs  of  the  recipient  of  the
  services.  Such assessment shall be performed at least every one hundred
  eighty days by the provider of a long term  home  health  care  program,
  AIDS  home  care  program  or the certified home health agency providing
  services for the patient and the local department  of  social  services,
  and  shall be reviewed by a physician charged with the responsibility by
  the commissioner. The commissioner shall prescribe the  forms  on  which
  the assessment will be made.
    3.  Prior to the initial provision of services, and upon the continued
  provision of services pursuant to each complete reassessment, the agency
  shall present the recipient or the  recipient's  representative  with  a
  standardized   written   statement   prepared   by  the  department,  in
  consultation  with  providers  of  home  care  services   and   consumer
  representatives,  which informs the recipient or representative that the
  services to be provided are subject  to  change  in  accordance  with  a

  change  in  the  recipient's  needs,  a  change in information about the
  recipient's  needs  and/or  about  the  formal  and  informal   services
  available  to  meet  such  needs. The statement shall further inform the
  recipient  or  representative that such notification and acknowledgement
  is for purposes of consumer information and education, and to  establish
  and  maintain  proper  understanding and expectations about the possible
  course of care to be provided by the agency.