§ 367-F — Partnership for long term care program

§ 367-f. Partnership for long term care program. 1. Definitions. As\nused in this section: (a) "Medicaid extended coverage" shall mean\neligibility for medical assistance (i) without regard to the resource\nrequirements of section three hundred sixty-six of this title, or in the\ncase of an individual covered under an insurance policy or certificate\ndescribed in subdivision two of this section that provided a residential\nhealth care facility benefit less than two years in duration, without\nconsideration of an amount of resources equivalent to the value of\nbenefits received by the individual under such policy or certificate, as\ndetermined under the rules of the partnership for long-term care\nprogram; (ii) without regard to the recovery of medical assistance from\nthe estates of individuals and the imposition of liens on the homes of\npersons pursuant to section three hundred sixty-nine of this title, with\nrespect to resources exempt from consideration pursuant to subparagraph\n(i) of this paragraph; provided, however, that nothing in this section\nshall prevent the imposition of a lien or recovery against property of\nan individual on account of medical assistance incorrectly paid; and\n(iii) based on an income eligibility standard for married couples equal\nto the amount of the minimum monthly maintenance needs allowance defined\nin paragraph (h) of subdivision two of section three hundred sixty-six-c\nof this title, and for single individuals equal to one-half of such\namount; provided, however, that the commissioner of health shall not be\nrequired to implement the provisions of this subparagraph if the use of\nsuch income eligibility standards will result in a loss of federal\nfinancial participation in the costs of Medicaid extended coverage\nfurnished in accordance with subparagraphs (i) and (ii) of this\nparagraph.\n (b) "Long term care services" shall include, but not be limited to\ncare, treatment, maintenance, and services: provided in a nursing\nfacility licensed under article twenty-eight of the public health law;\nprovided by a home care services agency, certified home health agency or\nlong term home health care program, as defined in section thirty-six\nhundred two of the public health law; provided by an adult day health\ncare program in accordance with regulations of the department of health;\nor provided by a personal care provider licensed or regulated by any\nother state or local agency; and such other services for which medical\nassistance is otherwise available under this chapter which are\ndesignated as long term care services in law or regulations of the\ndepartment of health.\n 2. Notwithstanding any inconsistent provision of this chapter or any\nother law to the contrary, the partnership for long term care program\nshall provide Medicaid extended coverage to a person receiving long term\ncare services if there is federal participation pursuant to such\ntreatment and such person: (a) is or was covered by an insurance policy\nor certificate providing coverage for long term care which meets the\napplicable minimum benefit standards of the superintendent of financial\nservices and other requirements for approval of participation under the\nprogram; and, (b) has exhausted the coverage and benefits as required by\nthe program.\n 3. Notwithstanding any inconsistent provision of this chapter or any\nother law to the contrary, the commissioner of health, in consultation\nwith the superintendent of financial services and the director of the\nbudget, may enter into reciprocal agreements with other states which\nadminister partnership for long term care programs under which\npurchasers of policies in those states with comparable benefits to\npolicies available in this state shall be eligible for Medicaid extended\ncoverage in this state so long as purchasers of policies in this state\nwith comparable benefits to policies available in such state or states\nshall be eligible for Medicaid extended coverage in such state or\nstates.\n