§ 367-e. Payment for AIDS home care programs. 1. If an AIDS home care
program as defined under article thirty-six of the public health law is
provided in the social services district for which he has authority, the
local social services official, before he authorizes care in a nursing
home or intermediate care facility or before he authorizes home health
services or personal care services for a person eligible to receive
services under this title, shall notify the person in writing of the
provisions of this section.

2. If a person eligible to receive services under the provisions of
this title desires to remain and is deemed by his physician able to
remain in his own home or the home of a responsible relative or other
responsible adult if the necessary services are provided, such person or
his representative shall so inform the local social services official.
If an AIDS home care program as defined under article thirty-six of the
public health law is provided in the social services district for which
he has authority, such official shall authorize an assessment under the
provision of section three thousand six hundred sixteen of the public
health law. If the results of the assessment indicate that the person
can receive the appropriate level of care at home, the official shall
prepare for that person a plan for the provision of services comparable
to those that would be rendered in a hospital or residential health care
facility, as appropriate for the patient. In developing such plan, the
official shall consult with those persons performing the assessment and
shall assure that such plan is appropriate to the patient's needs and
will result in an efficient use of services. The services shall be
provided by a long term home health care program authorized by the
commissioner of health under article thirty-six of the public health law
to provide an AIDS home care program.

3. The commissioner shall apply for any waivers, including home and
community based services waivers pursuant to section nineteen hundred
fifteen-c of the social security act, necessary to implement AIDS home
care programs. Notwithstanding any inconsistent provision of law but
subject to expenditure limitations of this section, the commissioner,
subject to the approval of the state director of the budget, may
authorize the utilization of medical assistance funds to pay for
services provided by AIDS home care programs in addition to those
services included in the medical assistance program under section three
hundred sixty-five-a of this chapter, so long as federal financial
participation is available for such services. Expenditures made under
this subdivision shall be deemed payments for medical assistance for
needy persons and shall be subject to reimbursement by the state in
accordance with the provisions of section three hundred sixty-eight-a of
this chapter.

4. No social services district shall make payment for a person
receiving an AIDS home care program while payments are being made for
that person for inpatient care in a residential health care facility or
hospital.

6. This section shall be effective if, and as long as, federal
financial participation is available.