N.Y. Soc. Serv. Law § 367-e

§ 367-e. Payment for AIDS home care programs. 1. If an AIDS home care\nprogram as defined under article thirty-six of the public health law is\nprovided in the social services district for which he has authority, the\nlocal social services official, before he authorizes care in a nursing\nhome or intermediate care facility or before he authorizes home health\nservices or personal care services for a person eligible to receive\nservices under this title, shall notify the person in writing of the\nprovisions of this section.\n 2. If a person eligible to receive services under the provisions of\nthis title desires to remain and is deemed by his physician able to\nremain in his own home or the home of a responsible relative or other\nresponsible adult if the necessary services are provided, such person or\nhis representative shall so inform the local social services official.\nIf an AIDS home care program as defined under article thirty-six of the\npublic health law is provided in the social services district for which\nhe has authority, such official shall authorize an assessment under the\nprovision of section three thousand six hundred sixteen of the public\nhealth law. If the results of the assessment indicate that the person\ncan receive the appropriate level of care at home, the official shall\nprepare for that person a plan for the provision of services comparable\nto those that would be rendered in a hospital or residential health care\nfacility, as appropriate for the patient. In developing such plan, the\nofficial shall consult with those persons performing the assessment and\nshall assure that such plan is appropriate to the patient's needs and\nwill result in an efficient use of services. The services shall be\nprovided by a long term home health care program authorized by the\ncommissioner of health under article thirty-six of the public health law\nto provide an AIDS home care program.\n 3. The commissioner shall apply for any waivers, including home and\ncommunity based services waivers pursuant to section nineteen hundred\nfifteen-c of the social security act, necessary to implement AIDS home\ncare programs. Notwithstanding any inconsistent provision of law but\nsubject to expenditure limitations of this section, the commissioner,\nsubject to the approval of the state director of the budget, may\nauthorize the utilization of medical assistance funds to pay for\nservices provided by AIDS home care programs in addition to those\nservices included in the medical assistance program under section three\nhundred sixty-five-a of this chapter, so long as federal financial\nparticipation is available for such services. Expenditures made under\nthis subdivision shall be deemed payments for medical assistance for\nneedy persons and shall be subject to reimbursement by the state in\naccordance with the provisions of section three hundred sixty-eight-a of\nthis chapter.\n 4. No social services district shall make payment for a person\nreceiving an AIDS home care program while payments are being made for\nthat person for inpatient care in a residential health care facility or\nhospital.\n 5. The commissioner, together with the commissioner of health, shall\nsubmit a report to the governor, president pro tem of the senate and the\nspeaker of the assembly by July first, nineteen hundred ninety and each\nsubsequent year thereafter on the implementation of this section. Such\nreport shall include a statement of the scope and status of the AIDS\ncrisis in New York state, the development and implementation of the AIDS\nhome care programs, the adequacy of care delivered by such programs, the\nextent to which such programs have affected use of institutional care\nservices by AIDS patients, the costs associated with such programs, the\nadequacy of reimbursement provided such programs, any recommendations\nfor legislative action and other such matters as may be pertinent.\n 6. This section shall be effective if, and as long as, federal\nfinancial participation is available.\n