§ 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.