N.Y. Social Services Law Section 364-B
Residential and medical care placement demonstration projects

1.

Notwithstanding any inconsistent provisions of this chapter or any other law to the contrary, social services districts are hereby authorized to conduct or participate in time-limited demonstration projects for the purpose of demonstrating the feasibility of reducing medical assistance expenditures for care in residential health facilities by utilizing medical assistance funds for:

(a)

conducting initial assessments of, and performing case management functions, for (i) persons financially eligible for medical assistance pursuant to this title who request long term care services, and

(ii)

persons whether or not otherwise financially eligible for medical assistance who seek care in or discharge from a residential health care facility or a congregate care facility as described in § 209 (Eligibility)section two hundred nine of this chapter, and

(b)

providing social services and medical supplies determined to be necessary and appropriate as a result of assessments conducted pursuant to paragraph (a) hereof, to those persons participating in an approved project who are otherwise eligible to receive medical assistance, whether or not such services or supplies are authorized to be provided under this title; provided, however, that no such additional services or supplies provided hereunder shall be subject to state reimbursement unless prior approval to provide such services or supplies to persons eligible for medical assistance has been granted by the department. Such demonstration projects may be conducted or participated in by a social services district only in accordance with a plan submitted to the department on or before the thirtieth day of June, nineteen hundred seventy-seven, and only to the extent and period for which such plan has been approved or from time to time extended by the commissioner.

2.

Any plan submitted pursuant to this section shall provide that in any case in which it is determined by an assessment conducted in accordance with such a project that placement in a skilled nursing facility or an intermediate care facility would be appropriate, such placement shall be subject to review and approval by the department of health provided, however, that the commissioner of health may delegate preplacement assessment review function to such a project. In addition, any plan submitted pursuant to this section shall include a description of any assessment methodology utilized in determining the appropriateness of placements in skilled nursing facilities or intermediate care facilities and any such plan may be approved by the commissioner only after such methodology has been submitted to the department of health for its review and comment.

3.

Notwithstanding any inconsistent provision of law to the contrary, expenditures made in connection with an approved residential and medical care placement demonstration project for assessments, case management and social services and medical supplies authorized to be provided by this title or approved by the department, shall be subject to state reimbursement under Social Services Law § 368-A (State reimbursement)section three hundred sixty-eight-a of the social services law in accordance with a schedule of maximum reimbursable amounts established by the department for such services and supplies.

4.

Notwithstanding any inconsistent provision of this chapter or any other law to the contrary, the commissioner may, subject to the approval of the director of the budget, approve such demonstration projects and apply for the appropriate waivers under federal law and regulation and may waive:

(a)

any provision of this title or regulation of the department as may be necessary to make medical assistance funds available for initial assessment and performing case management functions for persons participating in such approved projects without regard to their eligibility to participate in the medical assistance program and when appropriate, providing additional approved social services and medical supplies, not otherwise authorized under this title, to persons participating in such approved projects who are otherwise eligible to participate in the medical assistance program; and

(b)

such department regulations relating thereto as may be necessary to enable a social services district to carry out such project.

5.

The commissioner shall require that a final independent evaluation be made of any demonstration project approved and conducted hereunder in a form mutually agreed upon by him and the state commissioner of health, and shall provide copies of such report to the governor and to the legislature. In addition the commissioner shall submit annual interim reports on the progress of each project to the governor and legislature by the first day of February of each year. * NB Expired September 30, 1986

Source: Section 364-B — Residential and medical care placement demonstration projects, https://www.­nysenate.­gov/legislation/laws/SOS/364-B (updated Sep. 22, 2014; accessed May 4, 2024).

363
Declaration of objects 363‑A
Federal aid 363‑B
Agreements for federal determination of eligibility of aged, blind and disabled persons for medical assistance 363‑C
Medicaid management 363‑D
Provider compliance program 363‑E
Medicaid plan, applications for waivers and plan amendments 363‑F
Electronic visit verification for personal care and home health providers 364
Responsibility for standards 364‑A
Cooperation of state departments 364‑B
Residential and medical care placement demonstration projects 364‑C
National long term care channeling demonstration project 364‑D
Medical assistance research and demonstration projects 364‑E
Aid to families with dependent children homemaker/home health aide demonstration projects 364‑F
Primary care case management programs 364‑G
Medical assistance capitation rate demonstration project 364‑H
Foster family care demonstration programs for elderly or disabled persons 364‑I
Medical assistance presumptive eligibility program 364‑J
Managed care programs 364‑J‑2
Transitional supplemental payments 364‑JJ
Special advisory review panel on Medicaid managed care 364‑KK
Condition of Participation 364‑M
Statewide patient centered medical home program 364‑N
Diabetes and chronic disease self-management pilot program 365
Responsibility for assistance 365‑A
Character and adequacy of assistance 365‑B
Local medical plans: professional directors 365‑C
Medical advisory committee 365‑D
Medicaid evidence based benefit review advisory committee 365‑E
Optional or continued membership in entities offering comprehensive health services plans 365‑F
Consumer directed personal assistance program 365‑G
Utilization review for certain care, services and supplies 365‑H
Provision and reimbursement of transportation costs 365‑J
Advisory opinions 365‑K
Provision of prenatal care services 365‑L
Health homes 365‑M
Administration and management of behavioral health services 365‑N
Department of health assumption of program administration 365‑O
Provision and coverage of services for living organ donors 365‑P
Doulas for Medicaid 366
Eligibility 366‑A
Applications for assistance 366‑B
Penalties for fraudulent practices 366‑C
Treatment of income and resources of institutionalized persons 366‑D
Medical assistance provider 366‑E
Certified home health agency medicare billing 366‑F
Persons acting in concert with a medical assistance provider 366‑G
Newborn enrollment for medical assistance 366‑H
Automated system 366‑I
Long-term care financing demonstration program 367
Authorization for hospital care 367‑A
Payments 367‑B
Medical assistance information and payment system 367‑C
Payment for long term home health care programs 367‑D
Personal care need determination 367‑E
Payment for AIDS home care programs 367‑F
Partnership for long term care program 367‑G
Authorization and provision of personal emergency response services 367‑H
Payment for assisted living programs 367‑I
Personal care services provider assessments 367‑O
Health insurance demonstration programs 367‑P
Responsibilities of local districts for personal care services, home care services and private duty nursing 367‑P*2
Payment for limited home care services agencies 367‑Q
Personal care services worker recruitment and retention program 367‑R
Private duty nursing services worker recruitment and retention program 367‑S
Long term care demonstration program 367‑S*2
Emergency medical transportation services 367‑T
Payment for emergency physician services 367‑U
Payment for home telehealth services 367‑V
County long-term care financing demonstration program 367‑W
Health care and mental hygiene worker bonuses 367‑X
Payment for violence prevention programs 368
Quarterly estimates 368‑A
State reimbursement 368‑B
State reimbursement to local health districts 368‑C
Audit of state rates of payment to providers of health care services 368‑D
Reimbursement to public school districts and state operated/state supported schools which operate pursuant to article eighty-five, eighty... 368‑E
Reimbursement to counties for pre-school children with handicapping conditions 368‑F
Reimbursement of costs under the early intervention program 369
Application of other provisions
Green check means up to date. Up to date

Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 364-B’s source at nysenate​.gov

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