§ 364-KK — Condition of Participation

New York § 364-KK

• Jurisdiction: New York
• Law SOS: Social Services
• Title 11: Medical Assistance For Needy Persons
• Art. 5: Assistance and Care

Text

§ 364-kk. Condition of Participation. 1. Notwithstanding any provision\nof law to the contrary, in addition to the requirements for\nparticipation in the medical assistance program as may be required to be\nmet by nursing facilities and assisted living programs, such facilities\nand programs, adult homes and enriched housing programs receiving\npayment under this chapter shall enter into arrangements with social\nservices districts to admit, on a priority basis, a number of\nindividuals eligible to have medical assistance paid on their behalf who\nare otherwise appropriate for nursing facility or other long-term\nresidential care, as described in this section, and whose health and\nsafety reasonably cannot be maintained in their own homes by the\nprovision of personal care services, home health services, or other home\nand community-based services, as determined by the local social services\nofficial pursuant to standards promulgated by the department pursuant to\nsection three hundred sixty-seven-m of this chapter.\n 2. The department shall by regulation establish a method or formula\nfor determining a fair and equitable distribution of priority admissions\nunder this section in order that all providers of nursing home and\nlong-term residential care services share the responsibility for\naccepting placements required under subdivision one hereof, and accept\nsuch placements, and that no one provider of nursing facility or\nlong-term residential care, group or classification thereof is required\nto accept a number of such placements as would jeopardize the\nprofitability or viability of such provider, group of providers or\nclassification of providers, or as would otherwise unduly burden or\nimpair the operation, character or continuation of such provider, group\nof providers, or classification of provider.\n 3. The commissioners of health and social services shall monitor the\nimplementation of this section and, on or before March first, nineteen\nhundred ninety-six, report to the governor and legislature on such\nimplementation and the effects thereof and shall include recommendations\nfor continuation or other modifications to the provisions of this\nsection.\n