N.Y. Social Services Law Section 367-P*2
Payment for limited home care services agencies


1.

Notwithstanding any law to the contrary, the commissioner shall, subject to the approval of the director of the budget, establish rates of payment for services provided by limited home care services agencies, licensed by the department of health pursuant to Public Health Law § 3605 (Licensure of home care services agencies)section thirty-six hundred five of the public health law, to eligible individuals who are residents of adult homes and enriched housing programs certified by the department in accordance with article 7 (Residential Care Programs For Adults and Children)article seven of this chapter. Services for which reimbursement shall be available are personal care services provided directly by the agency and authorized and provided in accordance with the rules and regulations of the department; and the administration of medications and application of sterile dressings by a registered nurse provided, however, that the services provided by such agency are not services that must be provided to residents of such facilities pursuant to article 7 (Residential Care Programs For Adults and Children)article seven of this chapter.

2.

Notwithstanding any law to the contrary, a limited home care services agency licensed by the department of health shall be reimbursed at a rate that is significantly less than the current costs of providing such services through a personal care provider or certified home health agency in the same service area.

3.

For purposes of this section, an eligible individual means an individual who is eligible for medical assistance, as determined by the appropriate social services district, which has also determined that such individual has a medical need for services and that such individual’s needs can safely and appropriately be met by the limited home care services agency in the adult home or enriched housing program.

4.

Prior to authorizing payment for services provided to an eligible individual by a limited home care services agency, the appropriate social services district must determine that the service proposed to be provided by such agency is cost-effective in comparison to other available and appropriate service delivery options available in the district.

5.

The commissioner of health shall establish rates of payment for services provided pursuant to this section by November fifteenth, nineteen hundred ninety-seven. * NB Expires June 30, 2025 * NB There are 2 § 367-p’s

Source: Section 367-P*2 — Payment for limited home care services agencies, https://www.­nysenate.­gov/legislation/laws/SOS/367-P*2 (updated Jul. 7, 2023; 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:
Jul. 7, 2023

§ 367-P*2’s source at nysenate​.gov

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