N.Y. Social Services Law Section 367-V
County long-term care financing demonstration program

1.

Notwithstanding any inconsistent provision of law, the commissioner is authorized to establish a long-term care financing demonstration program, to operate in up to five counties, for the purpose of creating incentives and funding for the transformation of county nursing home beds into other long-term care settings.

2.

(a) The demonstration program established pursuant to this section shall permit a participating county to reduce its county nursing home bed capacity, or to close a county nursing home, and to invest any resulting demonstrated savings in programs or services that will, to the extent feasible, encourage the use of community-based long-term care alternatives to institutional care.

(b)

Such programs or services may include, but are not limited to:

(i)

expansion of community-based services such as the program for all-inclusive care for the elderly (PACE), the long term home health care program, the managed long term care program, adult day care services, and caregiver support services;

(ii)

expansion of senior housing;

(iii)

assisted living program;

(iv)

payment of subsidies to encourage assisted living programs, adult care facilities, and non-public nursing homes to accept hard-to-serve residents; and

(v)

contracts with non-public nursing homes to guarantee beds for those hard-to-serve persons who choose nursing home care or for whom other community-based options are not feasible or are unavailable.

3.

A county wishing to participate in the demonstration program established pursuant to this section shall develop a plan and submit an application for participation to the commissioner of health detailing such plan at a time and in a manner to be determined by such commissioner. The commissioner is authorized to approve or disapprove any such application and to certify the amount of demonstrated savings.

4.

Notwithstanding the cap on social services district shares of medical assistance expenditures established pursuant to section one of part C of chapter fifty-eight of the laws of two thousand five, the director of the division of the budget is authorized, in his or her sole discretion, to adjust a district’s cap amount to account for changes in the non-federal share of medical assistance resulting from any approved demonstration plan.

5.

The commissioner of health is authorized to submit any amendments to the state plan for medical assistance and any waivers of the federal social security act that such commissioner determines to be necessary to obtain federal financial participation in the costs of services provided pursuant to this section.

6.

The commissioner of health shall submit a report to the governor, temporary president of the senate and speaker of the assembly by the first day of November, two thousand fifteen, on the implementation of this section. Such report shall include identification of the counties approved to participate in the demonstration, a description of such counties’ approved demonstration plans, an analysis of the impact of the demonstration on long-term care costs and service delivery, any recommendations for legislative action, and such other matters as may be pertinent.

Source: Section 367-V — County long-term care financing demonstration program, https://www.­nysenate.­gov/legislation/laws/SOS/367-V (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

§ 367-V’s source at nysenate​.gov

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