§ 367-q. Personal care services worker recruitment and retention
program. 1. The commissioner of health shall, subject to the
availability of federal financial participation adjust personal care
services medical assistance rates of payment established pursuant to
this title for personal care services providers located in local social
service districts which do not include a city with a population of over
one million persons in accordance with subdivisions two and three of
this section for purposes of improving recruitment and retention of
personal care services workers or any worker with direct patient care
responsibility in the following aggregate amounts for the following
periods:

(a) for the period April first, two thousand two through December
thirty-first, two thousand two, seven million dollars;

(b) for the period January first, two thousand three through December
thirty-first, two thousand three, fourteen million dollars;

(c) for the period January first, two thousand four through December
thirty-first, two thousand four, twenty-one million dollars;

(d) for the period January first, two thousand five through December
thirty-first, two thousand five, twenty-seven million dollars;

(e) for the period January first, two thousand six through December
thirty-first, two thousand six, thirty-one million dollars, provided
however that for the period August first, two thousand six through
December thirty-first, two thousand six, such rate adjustments shall be
increased by an additional aggregate amount of four million dollars;

(f) for the period January first, two thousand seven through June
thirtieth, two thousand seven, thirteen million five hundred thousand
dollars;

(g) for the period July first, two thousand seven through March
thirty-first, two thousand eight, twenty-six million two hundred fifty
thousand dollars;

(h) for the period April first, two thousand eight through March
thirty-first, two thousand nine, twenty-eight million five hundred
thousand dollars;

(i) for the period April first, two thousand nine through March
thirty-first, two thousand ten, twenty-eight million five hundred
thousand dollars;

(j) for the period April first, two thousand ten through March
thirty-first, two thousand eleven, twenty-eight million five hundred
thousand dollars;

(k) for the period April first, two thousand eleven through March
thirty-first, two thousand twelve, twenty-eight million five hundred
thousand dollars;

(l) for the period April first, two thousand twelve through March
thirty-first, two thousand thirteen, up to twenty-eight million five
hundred thousand dollars;

(m) for the period April first, two thousand thirteen through March
thirty-first, two thousand fourteen, up to twenty-eight million five
hundred thousand dollars;

(n) for the period April first, two thousand fourteen through March
thirty-first, two thousand fifteen, up to twenty-eight million five
hundred thousand dollars;

(o) for the period April first, two thousand fifteen through March
thirty-first, two thousand sixteen, up to twenty-eight million five
hundred thousand dollars; and

(p) for the period April first, two thousand sixteen through March
thirty-first, two thousand seventeen, up to twenty-eight million five
hundred thousand dollars;

(q) for the period April first, two thousand seventeen through March
thirty-first, two thousand eighteen, up to twenty-eight million five
hundred thousand dollars;

(r) for the period April first, two thousand eighteen through March
thirty-first, two thousand nineteen, twenty-eight million five hundred
thousand dollars;

(s) for the period April first, two thousand nineteen through March
thirty-first, two thousand twenty, twenty-eight million five hundred
thousand dollars;

(t) for the period April first, two thousand twenty through March
thirty-first, two thousand twenty-one, up to twenty-eight million five
hundred thousand dollars;

(u) for the period April first, two thousand twenty-one through March
thirty-first, two thousand twenty-two, up to twenty-eight million five
hundred thousand dollars;

(v) for the period April first, two thousand twenty-two through March
thirty-first, two thousand twenty-three, up to twenty-eight million five
hundred thousand dollars;

(w) for the period April first, two thousand twenty-three through
March thirty-first, two thousand twenty-four, up to twenty-eight million
five hundred thousand dollars;

(x) for the period April first, two thousand twenty-four through March
thirty-first, two thousand twenty-five, up to twenty-eight million five
hundred thousand dollars;

(y) for the period April first, two thousand twenty-five through March
thirty-first, two thousand twenty-six, up to twenty-eight million five
hundred thousand dollars.

2. Such adjustments to rates of payments shall be allocated
proportionally based on each personal care services providers' total
annual hours of personal care services provided, as reported in each
such provider's nineteen hundred ninety-nine cost report as submitted to
the department of health prior to November first, two thousand one,
provided, however, that for periods on and after July first, two
thousand seven, such payments shall be in the form of a percentage
add-on to rates of payments of eligible providers based on the
proportion of each personal care services providers' total annual hours
of personal care services provided to recipients of medical assistance
to the total annual hours of personal care services provided by such
providers.

3. Payments made pursuant to this section shall not be subject to
subsequent adjustment or reconciliation.

4. Personal care services providers which have their rates adjusted
pursuant to this section shall use such funds for the purpose of
recruitment and retention of non-supervisory personal care services
workers or any worker with direct patient care responsibility only and
are prohibited from using such funds for any other purpose. Each such
personal care services provider shall submit, at a time and in a manner
to be determined by the commissioner of health, a written certification
attesting that such funds will be used solely for the purpose of
recruitment and retention of non-supervisory personal care services
workers or any worker with direct patient care responsibility. The
commissioner of health is authorized to audit each such provider to
ensure compliance with the written certification required by this
subdivision and shall recoup any funds determined to have been used for
purposes other than recruitment and retention of non-supervisory
personal care services workers or any worker with direct patient care
responsibility. Such recoupment shall be in addition to any other
penalties provided by law.