2012 New York Consolidated Laws
PBH - Public Health
Article 28 - (2800 - 2823) HOSPITALS
2808-D - Nursing home quality improvement demonstration program.

 
    §  2808-d.  Nursing home quality improvement demonstration program. 1.
  Notwithstanding any  law,  rule  or  regulation  to  the  contrary,  the
  commissioner  shall,  within  amounts  appropriated  and  subject to the
  availability   of   federal   financial   participation,   establish   a
  demonstration  program  to  improve the quality of care for nursing home
  residents through the increase or improvement of direct  care  staff  at
  nursing   homes.  In  furtherance  of  such  demonstration  program  the
  commissioner shall adjust the  Medicaid  rates  of  payment  to  nursing
  homes,  selected  pursuant  to a competitive process, provided, however,
  that payments made pursuant to this section to public residential health
  care facilities shall be made as grants and shall not be deemed  medical
  assistance  payments. Requests for proposals for eligible projects shall
  be issued by the commissioner, provided however  that  the  commissioner
  shall   not   issue  any  new  requests  for  proposals  after  December
  thirty-first, two thousand four and all  awards  for  subsequent  annual
  periods  shall be distributed on the same proportional basis as the most
  recent available distribution. After December thirty-first, two thousand
  four, awardees may use funds received for any of the purposes listed  in
  subdivision two of this section, without restriction.
    2. Such eligible projects may include:
    (a) an increase in direct care staff, either facility wide or targeted
  at a particular area of care or shift;
    (b)  increased  training and education of direct care staff, including
  allowing direct care staff to increase their level of licensure relevant
  to nursing home care;
    (c) efforts to decrease staff turn-over; and
    (d) other efforts related to the recruitment and retention  of  direct
  care staff that will effect the quality of care at such facility.
    3.  The  commissioner  shall  consider,  in  selecting  projects,  the
  likelihood that such project will improve the care for the residents  of
  the  facility,  the  financial  need  of the nursing home and such other
  matters as the commissioner deems appropriate.
    4. Grants and adjustments to Medicaid rates of payment  made  pursuant
  to  this  section shall not, in aggregate, exceed sixty-two million five
  hundred thousand dollars for  the  period  beginning  April  first,  two
  thousand two and ending December thirty-first, two thousand two, and, on
  an annualized basis, for each annual period thereafter beginning January
  first, two thousand three and ending December thirty-first, two thousand
  four,  and  shall  not,  in  aggregate,  exceed  forty-six million eight
  hundred seventy-five thousand dollars for the  period  July  first,  two
  thousand five through December thirty-first, two thousand five and shall
  not,  in aggregate, on an annualized basis, exceed seventy-eight million
  one hundred twenty-five thousand dollars for the period  January  first,
  two  thousand  six  through  December thirty-first, two thousand six and
  sixty-two million five hundred thousand dollars for the  period  January
  first, two thousand seven through June thirtieth, two thousand seven.
    5.  Adjustments  to  Medicaid  rates  of payment made pursuant to this
  section shall not be subject to subsequent adjustment or reconciliation.
    6. Notwithstanding any other provisions of this section or  any  other
  contrary  provision  of  law, the commissioner may, from funds allocated
  pursuant to subparagraph (ii) or (iii)  or  (iv)  of  paragraph  (u)  of
  subdivision one of section twenty-eight hundred seven-v of this article,
  in  calendar  year two thousand five, make grants in an aggregate amount
  not  to  exceed  twelve  million  five  hundred  thousand  dollars,   to
  residential  health  care  facilities in support of projects or programs
  designed to improve specific areas of quality of care, as determined  by
  the commissioner using established measures of such quality of care, and
  provided  further the commissioner may, from funds allocated pursuant to

  paragraph (u) of subdivision one of section twenty-eight hundred seven-v
  of this article, for the period January first, two thousand six  through
  June  thirtieth  two  thousand seven, make grants in an aggregate amount
  not  to  exceed  thirty-five  million dollars on an annualized basis, to
  residential health care facilities that have  an  arbitrator's  decision
  rendered  before  April  first,  two  thousand  six,  requiring payments
  related to the recruitment and retention of direct care staff, including
  salary and benefits. Each eligible  facility  shall  receive  a  payment
  amount  proportional  to  the amount each such facility owes pursuant to
  the arbitrator's decision compared to such amounts owed by all  eligible
  facilities.