* § 3615. State aid to certified home health agencies. 1. State aid
shall be provided to certified home health agencies to assist in
developing and ensuring their capacity to meet community need. Funds for
such aid shall be made available each year in an amount equal to
twenty-five cents per capita of the population within each health
systems agency region, as established pursuant to article twenty-nine of
this chapter, or two hundred thousand dollars, whichever is greater. Two
million five hundred thousand dollars shall be for the state's share of
payments provided pursuant to subdivision five of section thirty-six
hundred fourteen of this article. The remaining amount shall be for
purposes of providing grants pursuant to this section and sections
thirty-six hundred seven and thirty-six hundred nine of this article.

2. For purposes of funding grants pursuant to sections thirty-six
hundred seven and thirty-six hundred nine of this article and grants
pursuant to this section, the commissioner shall allocate the proportion
of funds among the health systems agency regions using the last
preceding federal census or other census data approved by the
comptroller.

3. Such annual funds allocated to each health systems agency region
shall be made available for grants to applicants within each such region
which are determined eligible and approved by the commissioner pursuant
to the provisions of this section and sections thirty-six hundred seven
and thirty-six hundred nine of this article.

4. In order to be considered eligible for receipt of a grant pursuant
to this section, a certified home health agency shall submit an
application to the department. Such application shall demonstrate, to
the satisfaction of the commissioner, that the agency:

(a) received a certificate of approval pursuant to the provisions of
section thirty-six hundred eight of this article at least two years
prior to the date of the application and that such certificate has not
been revoked or annulled subsequent to its receipt and is not limited as
of the time of application;

(b) shall utilize grant funds to provide home care services to persons
whose residence is in an area which, due to location, is more costly to
serve, or persons whose conditions require a more intensive level of
home care than typically provided in a visit;

(c) shall undertake reasonable efforts to maintain financial support
from public and community contributed funding sources;

(d) shall make every reasonable effort to collect payments for
services from third party insurance payers, governmental payers and
self-paying patients;

(e) shall have professional assistance available on a seven day per
week, twenty-four hour per day basis;

(f) shall establish a reasonable relationship between costs and
charges, or establish charges at approximate cost; and

(g) has no other available financial resources to serve the
populations as identified in paragraph (b) of this subdivision.

5. For the purpose of this section and sections thirty-six hundred
seven and thirty-six hundred nine of this article, a grant applicant
shall submit a copy of its application to the health systems agency in
whose region the applicant is located.

6. For the purpose of this section and sections thirty-six hundred
seven and thirty-six hundred nine of this article, each health systems
agency shall convene an advisory group with representatives from, but
not limited to, local departments of health, including those organized
and unorganized as county and part-county health districts, social
services districts, offices for the aging, certified home health
agencies, and consumers of home health agency services. Such advisory
group, after considering recommendations from persons involved in or
knowledgeable about home care services delivered in that region, shall,
consistent with state and regional health plans, identify priority
regional and local needs for the purposes identified in this section and
sections thirty-six hundred seven and thirty-six hundred nine of this
article. The health systems agency shall provide to the commissioner
the recommendations of the advisory group regarding which grant
applications meet regional and local needs, as well as the advisory
group's prioritization of applications.

7. For the purposes of this section and sections thirty-six hundred
seven and thirty-six hundred nine of this article, the commissioner
shall approve applications for grants which meet the requirements of
this section pursuant to which the application is submitted and rules
and regulations adopted pursuant thereto. In approving such
applications, the commissioner shall take into prime consideration the
recommendations of the advisory group convened by the health systems
agency in whose region the applicants are located and also take into
consideration other applications submitted by the same applicant for
grants submitted pursuant to such sections. The commissioner shall
notify each advisory group and each applicant in writing of his approval
or disapproval and, if disapproval, shall state the reasons for
disapproval.

8. Grants approved for the purposes of this section may be made each
year for up to a two-year period or until the costs for such services
provided by virtue of receipt of the grant are included in rates of
payment, whichever is sooner. Certified home health agencies which
receive grants pursuant to this section may reapply for grants and may
be approved if the applicant satisfies the requirements of subdivision
four of this section and rules and regulations adopted pursuant to this
section.

9. In the event that a public certified home health agency is approved
for a grant, pursuant to this section, funds provided under the grant
shall not reduce the amount of aid otherwise reimbursable to such agency
pursuant to article six of this chapter.

10. The commissioner is authorized to promulgate such rules and
regulations, as are necessary to carry out the provisions of this
section. Such rules and regulations may include, but not be limited to,
minimum and maximum grant levels.

11. Recipients of grants shall submit to the commissioner reports on
the use of grants provided under this section at such times and in such
format as the commissioner may prescribe.

* NB Effective until June 30, 2025

* § 3615. State grants to certified home health agencies. 1. State
grants shall be provided to certified home health agencies to assist in
developing and ensuring their capacity to meet community need. Funds for
such grants shall be made available each year in an amount equal to
twenty-five cents per capita of the population within each health
systems agency region, as established pursuant to article twenty-nine of
this chapter, or two hundred thousand dollars, whichever is greater.

2. The commissioner shall allocate the proportion of funds among the
health systems agency regions using the last preceding federal census or
other census data approved by the comptroller.

3. Seventy-five percent of such annual funds allocated to each health
systems agency region shall be made available for grants to certified
home health agencies within each such region which are determined
eligible and approved by the commissioner pursuant to this section.
Twenty-five percent of such annual funds allocated to each health
systems agency region shall be made available for grants to applicants
within each such region which are determined eligible and approved by
the commissioner pursuant to the provisions of sections thirty-six
hundred seven and thirty-six hundred nine of this article.
Notwithstanding such percentages, in the event that grants approved
under either percentage category are less than the amount available
pursuant to such percentage, the remaining amount shall be added to and
deemed available for the purposes of the other percentage amount.

4. In order to be considered eligible for receipt of a grant pursuant
to this section, a certified home health agency shall submit an
application to the department. Such application shall demonstrate, to
the satisfaction of the commissioner, that the agency:

(a) received a certificate of approval pursuant to the provisions of
section thirty-six hundred eight of this article at least two years
prior to the date of the application and that such certificate has not
been revoked or annulled subsequent to its receipt and is not limited as
of the time of application;

(b) shall utilize grant funds to provide home care services to persons
of low income who are not otherwise eligible for government sponsored
programs or not covered by insurance, persons whose residence is in an
area which, due to location, is more costly to serve, or persons whose
conditions require a more intensive level of home care than typically
provided in a visit;

(c) shall undertake reasonable efforts to maintain financial support
from public and community contributed funding sources;

(d) shall make every reasonable effort to collect payments for
services from third party insurance payers, governmental payers and
self-paying patients;

(e) shall have professional assistance available on a seven day per
week, twenty-four hour per day basis;

(f) shall establish a reasonable relationship between costs and
charges, or establish charges at approximate cost; and

(g) has no other available financial resources to serve the
populations as identified in paragraph (b) of this subdivision.

5. For the purpose of this section and sections thirty-six hundred
seven and thirty-six hundred nine of this article, a grant applicant
shall submit a copy of its application to the health systems agency in
whose region the applicant is located.

6. For the purpose of this section and sections thirty-six hundred
seven and thirty-six hundred nine of this article, each health systems
agency shall convene an advisory group with representatives from, but
not limited to, local departments of health, including those organized
and unorganized as county and part-county health districts, social
services districts, offices for the aging, certified home health
agencies, and consumers of home health agency services. Such advisory
group, after considering recommendations from persons involved in or
knowledgeable about home care services delivered in that region, shall,
consistent with state and regional health plans, identify priority
regional and local needs for the purposes identified in this section and
sections thirty-six hundred seven and thirty-six hundred nine of this
article. The health systems agency shall provide to the commissioner
the recommendations of the advisory group regarding which grant
applications meet regional and local needs, as well as the advisory
group's prioritization of applications.

7. For the purposes of this section and sections thirty-six hundred
seven and thirty-six hundred nine of this article, the commissioner
shall approve applications for grants which meet the requirements of
this section pursuant to which the application is submitted and rules
and regulations adopted pursuant thereto. In approving such
applications, the commissioner shall take into consideration the
recommendations of the advisory group convened by the health systems
agency in whose region the applicants are located and also take into
consideration other applications submitted by the same applicant for
grants submitted pursuant to such sections. The commissioner shall
notify each applicant in writing of his approval or disapproval and, if
disapproval, shall state the reasons for disapproval.

8. Grants approved for the purposes of this section may be made each
year for up to a two-year period or until the costs for such services
provided by virtue of receipt of the grant are included in rates of
payment, whichever is sooner. Certified home health agencies which
receive grants pursuant to this section may reapply for grants and may
be approved if the applicant satisfies the requirements of subdivision
four of this section and rules and regulations adopted pursuant to this
section.

9. In the event that a public certified home health agency is approved
for a grant, pursuant to this section, funds provided under the grant
shall not reduce the amount of aid otherwise reimbursable to such agency
pursuant to article six of this chapter.

10. The commissioner is authorized to promulgate such rules and
regulations, in consultation with the state council on home care
services, as are necessary to carry out the provisions of this section.
Such rules and regulations may include, but not be limited to, minimum
and maximum grant levels.

11. Recipients of grants shall submit to the commissioner reports on
the use of grants provided under this section at such times and in such
format as the commissioner may prescribe.

* NB Effective June 30, 2025