N.Y. Social Services Law Section 364-KK
Condition of Participation


1.

Notwithstanding any provision of law to the contrary, in addition to the requirements for participation in the medical assistance program as may be required to be met by nursing facilities and assisted living programs, such facilities and programs, adult homes and enriched housing programs receiving payment under this chapter shall enter into arrangements with social services districts to admit, on a priority basis, a number of individuals eligible to have medical assistance paid on their behalf who are otherwise appropriate for nursing facility or other long-term residential care, as described in this section, and whose health and safety reasonably cannot be maintained in their own homes by the provision of personal care services, home health services, or other home and community-based services, as determined by the local social services official pursuant to standards promulgated by the department pursuant to section three hundred sixty-seven-m of this chapter.

2.

The department shall by regulation establish a method or formula for determining a fair and equitable distribution of priority admissions under this section in order that all providers of nursing home and long-term residential care services share the responsibility for accepting placements required under subdivision one hereof, and accept such placements, and that no one provider of nursing facility or long-term residential care, group or classification thereof is required to accept a number of such placements as would jeopardize the profitability or viability of such provider, group of providers or classification of providers, or as would otherwise unduly burden or impair the operation, character or continuation of such provider, group of providers, or classification of provider.

3.

The commissioners of health and social services shall monitor the implementation of this section and, on or before March first, nineteen hundred ninety-six, report to the governor and legislature on such implementation and the effects thereof and shall include recommendations for continuation or other modifications to the provisions of this section.

Source: Section 364-KK — Condition of Participation, https://www.­nysenate.­gov/legislation/laws/SOS/364-KK (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

Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 364-KK’s source at nysenate​.gov

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