§ 367-Q — Personal care services worker recruitment and retention program

§ 367-q. Personal care services worker recruitment and retention\nprogram. 1. The commissioner of health shall, subject to the\navailability of federal financial participation adjust personal care\nservices medical assistance rates of payment established pursuant to\nthis title for personal care services providers located in local social\nservice districts which do not include a city with a population of over\none million persons in accordance with subdivisions two and three of\nthis section for purposes of improving recruitment and retention of\npersonal care services workers or any worker with direct patient care\nresponsibility in the following aggregate amounts for the following\nperiods:\n (a) for the period April first, two thousand two through December\nthirty-first, two thousand two, seven million dollars;\n (b) for the period January first, two thousand three through December\nthirty-first, two thousand three, fourteen million dollars;\n (c) for the period January first, two thousand four through December\nthirty-first, two thousand four, twenty-one million dollars;\n (d) for the period January first, two thousand five through December\nthirty-first, two thousand five, twenty-seven million dollars;\n (e) for the period January first, two thousand six through December\nthirty-first, two thousand six, thirty-one million dollars, provided\nhowever that for the period August first, two thousand six through\nDecember thirty-first, two thousand six, such rate adjustments shall be\nincreased by an additional aggregate amount of four million dollars;\n (f) for the period January first, two thousand seven through June\nthirtieth, two thousand seven, thirteen million five hundred thousand\ndollars;\n (g) for the period July first, two thousand seven through March\nthirty-first, two thousand eight, twenty-six million two hundred fifty\nthousand dollars;\n (h) for the period April first, two thousand eight through March\nthirty-first, two thousand nine, twenty-eight million five hundred\nthousand dollars;\n (i) for the period April first, two thousand nine through March\nthirty-first, two thousand ten, twenty-eight million five hundred\nthousand dollars;\n (j) for the period April first, two thousand ten through March\nthirty-first, two thousand eleven, twenty-eight million five hundred\nthousand dollars;\n (k) for the period April first, two thousand eleven through March\nthirty-first, two thousand twelve, twenty-eight million five hundred\nthousand dollars;\n (l) for the period April first, two thousand twelve through March\nthirty-first, two thousand thirteen, up to twenty-eight million five\nhundred thousand dollars;\n (m) for the period April first, two thousand thirteen through March\nthirty-first, two thousand fourteen, up to twenty-eight million five\nhundred thousand dollars;\n (n) for the period April first, two thousand fourteen through March\nthirty-first, two thousand fifteen, up to twenty-eight million five\nhundred thousand dollars;\n (o) for the period April first, two thousand fifteen through March\nthirty-first, two thousand sixteen, up to twenty-eight million five\nhundred thousand dollars; and\n (p) for the period April first, two thousand sixteen through March\nthirty-first, two thousand seventeen, up to twenty-eight million five\nhundred thousand dollars;\n (q) for the period April first, two thousand seventeen through March\nthirty-first, two thousand eighteen, up to twenty-eight million five\nhundred thousand dollars;\n (r) for the period April first, two thousand eighteen through March\nthirty-first, two thousand nineteen, twenty-eight million five hundred\nthousand dollars;\n (s) for the period April first, two thousand nineteen through March\nthirty-first, two thousand twenty, twenty-eight million five hundred\nthousand dollars;\n (t) for the period April first, two thousand twenty through March\nthirty-first, two thousand twenty-one, up to twenty-eight million five\nhundred thousand dollars;\n (u) for the period April first, two thousand twenty-one through March\nthirty-first, two thousand twenty-two, up to twenty-eight million five\nhundred thousand dollars;\n (v) for the period April first, two thousand twenty-two through March\nthirty-first, two thousand twenty-three, up to twenty-eight million five\nhundred thousand dollars;\n (w) for the period April first, two thousand twenty-three through\nMarch thirty-first, two thousand twenty-four, up to twenty-eight million\nfive hundred thousand dollars;\n (x) for the period April first, two thousand twenty-four through March\nthirty-first, two thousand twenty-five, up to twenty-eight million five\nhundred thousand dollars;\n (y) for the period April first, two thousand twenty-five through March\nthirty-first, two thousand twenty-six, up to twenty-eight million five\nhundred thousand dollars.\n 2. Such adjustments to rates of payments shall be allocated\nproportionally based on each personal care services providers' total\nannual hours of personal care services provided, as reported in each\nsuch provider's nineteen hundred ninety-nine cost report as submitted to\nthe department of health prior to November first, two thousand one,\nprovided, however, that for periods on and after July first, two\nthousand seven, such payments shall be in the form of a percentage\nadd-on to rates of payments of eligible providers based on the\nproportion of each personal care services providers' total annual hours\nof personal care services provided to recipients of medical assistance\nto the total annual hours of personal care services provided by such\nproviders.\n 3. Payments made pursuant to this section shall not be subject to\nsubsequent adjustment or reconciliation.\n 4. Personal care services providers which have their rates adjusted\npursuant to this section shall use such funds for the purpose of\nrecruitment and retention of non-supervisory personal care services\nworkers or any worker with direct patient care responsibility only and\nare prohibited from using such funds for any other purpose. Each such\npersonal care services provider shall submit, at a time and in a manner\nto be determined by the commissioner of health, a written certification\nattesting that such funds will be used solely for the purpose of\nrecruitment and retention of non-supervisory personal care services\nworkers or any worker with direct patient care responsibility. The\ncommissioner of health is authorized to audit each such provider to\nensure compliance with the written certification required by this\nsubdivision and shall recoup any funds determined to have been used for\npurposes other than recruitment and retention of non-supervisory\npersonal care services workers or any worker with direct patient care\nresponsibility. Such recoupment shall be in addition to any other\npenalties provided by law.\n