§ 364-B — Residential and medical care placement demonstration projects

* § 364-b. Residential and medical care placement demonstration\nprojects. 1. Notwithstanding any inconsistent provisions of this\nchapter or any other law to the contrary, social services districts are\nhereby authorized to conduct or participate in time-limited\ndemonstration projects for the purpose of demonstrating the feasibility\nof reducing medical assistance expenditures for care in residential\nhealth facilities by utilizing medical assistance funds for: (a)\nconducting initial assessments of, and performing case management\nfunctions, for (i) persons financially eligible for medical assistance\npursuant to this title who request long term care services, and (ii)\npersons whether or not otherwise financially eligible for medical\nassistance who seek care in or discharge from a residential health care\nfacility or a congregate care facility as described in section two\nhundred nine of this chapter, and (b) providing social services and\nmedical supplies determined to be necessary and appropriate as a result\nof assessments conducted pursuant to paragraph (a) hereof, to those\npersons participating in an approved project who are otherwise eligible\nto receive medical assistance, whether or not such services or supplies\nare authorized to be provided under this title; provided, however, that\nno such additional services or supplies provided hereunder shall be\nsubject to state reimbursement unless prior approval to provide such\nservices or supplies to persons eligible for medical assistance has been\ngranted by the department. Such demonstration projects may be conducted\nor participated in by a social services district only in accordance with\na plan submitted to the department on or before the thirtieth day of\nJune, nineteen hundred seventy-seven, and only to the extent and period\nfor which such plan has been approved or from time to time extended by\nthe commissioner.\n 2. Any plan submitted pursuant to this section shall provide that in\nany case in which it is determined by an assessment conducted in\naccordance with such a project that placement in a skilled nursing\nfacility or an intermediate care facility would be appropriate, such\nplacement shall be subject to review and approval by the department of\nhealth provided, however, that the commissioner of health may delegate\npreplacement assessment review function to such a project. In addition,\nany plan submitted pursuant to this section shall include a description\nof any assessment methodology utilized in determining the\nappropriateness of placements in skilled nursing facilities or\nintermediate care facilities and any such plan may be approved by the\ncommissioner only after such methodology has been submitted to the\ndepartment of health for its review and comment.\n 3. Notwithstanding any inconsistent provision of law to the contrary,\nexpenditures made in connection with an approved residential and medical\ncare placement demonstration project for assessments, case management\nand social services and medical supplies authorized to be provided by\nthis title or approved by the department, shall be subject to state\nreimbursement under section three hundred sixty-eight-a of the social\nservices law in accordance with a schedule of maximum reimbursable\namounts established by the department for such services and supplies.\n 4. Notwithstanding any inconsistent provision of this chapter or any\nother law to the contrary, the commissioner may, subject to the approval\nof the director of the budget, approve such demonstration projects and\napply for the appropriate waivers under federal law and regulation and\nmay waive: (a) any provision of this title or regulation of the\ndepartment as may be necessary to make medical assistance funds\navailable for initial assessment and performing case management\nfunctions for persons participating in such approved projects without\nregard to their eligibility to participate in the medical assistance\nprogram and when appropriate, providing additional approved social\nservices and medical supplies, not otherwise authorized under this\ntitle, to persons participating in such approved projects who are\notherwise eligible to participate in the medical assistance program; and\n(b) such department regulations relating thereto as may be necessary to\nenable a social services district to carry out such project.\n 5. The commissioner shall require that a final independent evaluation\nbe made of any demonstration project approved and conducted hereunder in\na form mutually agreed upon by him and the state commissioner of health,\nand shall provide copies of such report to the governor and to the\nlegislature. In addition the commissioner shall submit annual interim\nreports on the progress of each project to the governor and legislature\nby the first day of February of each year.\n * NB Expired September 30, 1986\n