§ 2999-HH — Medical respite program

New York § 2999-HH

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 29-J: Medical Respite Program

Text

§ 2999-hh. Medical respite program. 1. Definitions. As used in this\narticle, the following terms shall have the following meanings, unless\nthe context clearly otherwise requires:\n (a) "Medical respite program" means a not-for-profit corporation\ncertified pursuant to subdivision two of this section to serve\nrecipients whose prognosis or diagnosis necessitates the receipt of:\n (i) Temporary room and board; and\n (ii) The provision or arrangement of the provision of health care and\nsupport services; provided, however, that the operation of a medical\nrespite program shall be separate and distinct from any housing programs\noffered to individuals who do not qualify as recipients.\n (b) "Recipient" means an individual who:\n (i) Has a qualifying health condition that requires treatment or care;\n (ii) Does not require hospital inpatient, observation unit, or\nemergency room level of care, or a medically indicated emergency\ndepartment or observation visit; and\n (iii) Is experiencing homelessness or at imminent risk of\nhomelessness. A person shall be deemed "homeless" if they lack a fixed,\nregular and adequate nighttime residence in a location ordinarily used\nas a regular sleeping accommodation for people; provided, however, that\nan operator of a medical respite program shall be permitted to\nspecialize by providing services to a subpopulation of homeless\nrecipients if necessary to respond to community need or ensure the\navailability of a funding source that will support the medical respite\nprogram's operations, and such limitations are otherwise consistent with\nany rules or regulations made pursuant to this section.\n 2. Certification. (a) Notwithstanding any inconsistent provision of\nlaw, the commissioner may certify a not-for-profit corporation as an\noperator of a medical respite program.\n (b) The commissioner may make regulations to establish procedures to\nreview and approve applications for a certification pursuant to this\narticle, which shall, at a minimum, specify standards for: recipient\neligibility; medical respite program services that shall be provided;\nphysical environment; staffing; and policies and procedures governing\nhealth and safety, length of stay, referrals, discharge, and\ncoordination of care.\n 3. Operating standards; responsibility for standards. (a) Medical\nrespite programs certified pursuant to this article shall:\n (i) Provide recipients with temporary room and board; and\n (ii) Provide, or arrange for the provision of, health care and support\nservices to recipients.\n (b) Nothing in this article shall affect the application,\nqualification, or requirements that may apply to an operator with\nrespect to any other licenses or operating certificates that such\noperator may hold, including, without limitation, under article\ntwenty-eight of this chapter or article seven of the social services\nlaw.\n 4. Temporary accommodation. A medical respite program shall be\nconsidered a form of emergency shelter or temporary shelter for purposes\nof determining a recipient's eligibility for housing programs or\nbenefits administered by the state or by a local social services\ndistrict, including programs or benefits that support access to\naccommodations of a temporary, transitional, or permanent nature. No\nclaim of recovery shall accrue against a recipient to recover the cost\nof care and services provided under this article. Care and services\nprovided under this article shall not be deemed public benefits that\nwould affect a recipient's immigration status under federal law.\n 5. Inspections and compliance. The commissioner shall have the\nauthority to inquire into the operation of any certified medical respite\nprogram and to conduct periodic inspections of facilities with respect\nto the fitness and adequacy of the premises, equipment, personnel, rules\nand by-laws, standards of medical care and services, system of accounts,\nrecords, and the adequacy of financial resources and sources of future\nrevenues.\n 6. Suspension or revocation of certification. (a) A certification for\na medical respite program may be revoked, suspended, limited, annulled\nor denied by the commissioner, in consultation with either the\ncommissioners of the office of mental health, the office of temporary\nand disability assistance, or the office of addiction services and\nsupports, as appropriate based on a determination of the department\ndepending on the diagnosis or stated needs of the individuals being\nserved or proposed to be served in the medical respite program, if an\noperator is determined to have failed to comply with this article or the\nrules and regulations made pursuant to this section. No action taken\nagainst an operator under this subdivision shall affect an operator's\nother licenses or certifications; provided however, that the facts that\ngave rise to the revocation, suspension, limitation, annulment or denial\nof certification may also form the basis of a limitation, suspension of\nrevocation of such other licenses or certifications.\n (b) No medical respite program certification shall be revoked,\nsuspended, limited, annulled or denied without a hearing; provided that\na certification may be temporarily suspended or limited without a\nhearing for a period not in excess of thirty days upon written notice\nthat the continuation of the medical respite program places the health\nor safety of the recipients in imminent danger, and that the action is\nin the interest of the recipients. However, the department shall not\nmake a determination until the program has had a reasonable opportunity,\nfollowing the initial determination that the program places the health\nor safety of the recipients in imminent danger, to correct its\ndeficiencies and following this period, which shall be up to thirty\ncalendar days, has been given written notice and opportunity for\nhearing.\n (c) Nothing in this section shall prevent the commissioner from\nimposing sanctions or penalties on a medical respite program that are\nauthorized under any other law or regulation.\n 7. The commissioner shall promulgate regulations to implement this\narticle.\n