* § 367-s. Long term care demonstration program. 1. Notwithstanding
any inconsistent provision of law, the commissioner of health is
authorized to establish a long term care demonstration program for
persons eligible to receive services under this title, to operate in up
to four social services districts, for the purposes of creating
incentives for providers to care for individuals with more complex
medical needs, supporting relatives and other caregivers to assist
patients needing care at home and reducing the need for
institutionalization.

2. The provisions of this section shall not take effect unless all
necessary approvals under federal law and regulation have been obtained
to receive federal financial participation in the costs of the health
care services provided pursuant to this section.

3. (a) The demonstration program established pursuant to this section
may include a program to improve the availability of care for persons
with clinically complex care needs who are being discharged from
hospitals or residential health care facilities. In this regard, and in
accordance with paragraph (d) of this subdivision, the commissioner
shall adjust the rates of payment to selected home health agencies
certified under article thirty-six of the public health law that provide
services to such persons.

(b) Eligible certified home health agencies shall:

(i) demonstrate they have the experience and resources to provide
services to individuals who are discharged from hospitals or residential
health care facilities with clinically complex care needs, as determined
in accordance with criteria established by the commissioner.

(ii) demonstrate that they are capable of meeting such other
conditions as may be established by the commissioner.

(c) In selecting eligible certified home health agencies, the
commissioner shall consider the likelihood that the agency will provide
improved availability of care and may consider such other matters as the
commissioner deems appropriate.

(d) The adjusted Medicaid rate pursuant to this subdivision shall be
available for eligible certified home health agencies for services
provided to individuals, eligible for medical assistance pursuant to
this title, who are discharged from a hospital or residential health
care facility and have clinically complex care needs, as determined in
accordance with criteria established by the commissioner. Such rate
shall be payable for services provided up to the first sixty days after
discharge from a hospital or residential health care facility.

4. One or more demonstration sites established pursuant to this
section may include the provision of respite care through innovative
models. Subject to the approval of the director of the division of the
budget, the commissioner is authorized to establish payment rates or
fees for services provided pursuant to this subdivision.

5. One or more of the demonstration sites established pursuant to this
section may include a program with authority to make payments for
personal care services that are provided by a consumer's family members.

* NB There are 2 § 367-s's