§ 364-H — Foster family care demonstration programs for elderly or disabled persons

* § 364-h. Foster family care demonstration programs for elderly or\ndisabled persons. 1. The department is authorized to designate up to ten\nentities which may include general hospitals, residential health care\nfacilities, home health care programs, and long term home health care\nprograms for the purpose of testing whether foster family care programs\nfor certain elderly or disabled persons can be appropriate alternatives\nto institutional placement in those instances where such individuals do\nnot have a home or the necessary resources or family support to live in\nthe community.\n 2. A hospital, facility, or program designated as a foster family care\ndemonstration program shall perform the following functions:\n (a) recruitment, selection and training of families to serve as foster\nfamilies;\n (b) selection of those elderly or disabled persons who will receive\nfoster family care services under the demonstration project authorized\nherein, and assessment of their needs;\n (c) provision of or arrangement for necessary medical services; and\n (d) monitoring the care being received by the person in the foster\nfamily care home, and assessing the continuing viability of placement in\nsuch home.\n 3. Persons eligible to participate in the foster family care\ndemonstration programs authorized by this section shall be:\n (a) medically eligible for placement in a skilled nursing facility or\na health related facility or eligible for home care services;\n (b) capable of being cared for in the community if a suitable home\nenvironment and medical support services are provided; and\n (c) lacking the home, resources or family support to live in the\ncommunity.\n 4. Families who participate in the foster family care demonstration\nprogram shall be willing and able to provide:\n (a) room and board;\n (b) supervision of or assistance with the activities of daily living;\nand\n (c) personal care and other related services which may be necessary to\nmaintain the person in the community.\n 5. In designating a hospital, facility, or program to provide a foster\nfamily care program, the department shall be satisfied as to the\ncost-effectiveness of the proposal as compared to institutional long\nterm care.\n 6. The commissioner may waive the provisions of titles one and two of\narticle seven of this chapter and regulations of the department relative\nthereto as necessary to implement the provisions of this section;\nprovided, however, the commissioner shall be satisfied that the health,\nsafety and welfare of persons participating in the foster care programs\nare not affected negatively by such waivers.\n 7. This section shall not be interpreted to restrict a medical\nassistance recipient's choice of provider of services to which he is\nentitled pursuant to this title or to authorize any change in the\neligibility criteria for medical assistance.\n 8. A medical assistance recipient may discontinue participation in a\nfoster family care demonstration program at any time.\n 9. The department shall utilize all potential sources of funding for\nsuch foster family care programs including, but not limited to, funding\navailable through titles sixteen, eighteen, nineteen and twenty of the\nfederal social security act and the federal older Americans act of 1965,\nas amended. Services provided as part of a foster family care program\nand related administrative expenses not otherwise eligible for coverage\nunder these or other funding sources shall be eligible for reimbursement\nunder the medical assistance program for the purposes of this\ndemonstration as long as federal financial participation is available.\nThe department shall take all steps necessary to secure such funding\nincluding the submission of applicable waivers. Copies of waiver\nsubmissions shall be provided to the chairman of the senate finance\ncommittee and the chairman of the assembly ways and means committee.\n 10. The department, in consultation with the department of health and\nthe office for the aging, shall provide an interim report to the\ngovernor and the legislature on or before November first, nineteen\nhundred eighty-six and a final report on or before October thirty-one,\nnineteen hundred ninety-five on the results of the foster family care\ndemonstration program. The report shall include findings as to the\nprogram's cost effectiveness including consideration of the costs of\nmaintaining the person in the community, funding sources, programmatic\nbenefits and the effect on the need for residential health care facility\nbeds. In the final report, the department shall offer recommendations as\nto whether the program should be extended, modified, eliminated or made\npermanent.\n 11. Foster family care demonstration programs authorized pursuant to\nchapter nine hundred forty-two of the laws of nineteen hundred\neighty-three and chapter five hundred forty-one of the laws of nineteen\nhundred eighty-four shall comply with the provisions of this section but\nshall be in addition to the entities designated in subdivision one of\nthis section. Such previously authorized demonstration projects shall be\nsubject to the expiration date of this section.\n * NB Repealed December 31, 2027\n