§ 2999-hh. Medical respite program. 1. Definitions. As used in this\narticle, the following terms shall have the following meanings, unless\nthe context clearly otherwise requires:\n (a) "Medical respite program" means a not-for-profit corporation\ncertified pursuant to subdivision two of this section to serve\nrecipients whose prognosis or diagnosis necessitates the receipt of:\n (i) Temporary room and board; and\n (ii) The provision or arrangement of the provision of health care and\nsupport services; provided, however, that the operation of a medical\nrespite program shall be separate and distinct from any housing programs\noffered to individuals who do not qualify as recipients.\n (b) "Recipient" means an individual who:\n (i) Has a qualifying health condition that requires treatment or care;\n (ii) Does not require hospital inpatient, observation unit, or\nemergency room level of care, or a medically indicated emergency\ndepartment or observation visit; and\n (iii) Is experiencing homelessness or at imminent risk of\nhomelessness. A person shall be deemed "homeless" if they lack a fixed,\nregular and adequate nighttime residence in a location ordinarily used\nas a regular sleeping accommodation for people; provided, however, that\nan operator of a medical respite program shall be permitted to\nspecialize by providing services to a subpopulation of homeless\nrecipients if necessary to respond to community need or ensure the\navailability of a funding source that will support the medical respite\nprogram's operations, and such limitations are otherwise consistent with\nany rules or regulations made pursuant to this section.\n 2. Certification. (a) Notwithstanding any inconsistent provision of\nlaw, the commissioner may certify a not-for-profit corporation as an\noperator of a medical respite program.\n (b) The commissioner may make regulations to establish procedures to\nreview and approve applications for a certification pursuant to this\narticle, which shall, at a minimum, specify standards for: recipient\neligibility; medical respite program services that shall be provided;\nphysical environment; staffing; and policies and procedures governing\nhealth and safety, length of stay, referrals, discharge, and\ncoordination of care.\n 3. Operating standards; responsibility for standards. (a) Medical\nrespite programs certified pursuant to this article shall:\n (i) Provide recipients with temporary room and board; and\n (ii) Provide, or arrange for the provision of, health care and support\nservices to recipients.\n (b) Nothing in this article shall affect the application,\nqualification, or requirements that may apply to an operator with\nrespect to any other licenses or operating certificates that such\noperator may hold, including, without limitation, under article\ntwenty-eight of this chapter or article seven of the social services\nlaw.\n 4. Temporary accommodation. A medical respite program shall be\nconsidered a form of emergency shelter or temporary shelter for purposes\nof determining a recipient's eligibility for housing programs or\nbenefits administered by the state or by a local social services\ndistrict, including programs or benefits that support access to\naccommodations of a temporary, transitional, or permanent nature. No\nclaim of recovery shall accrue against a recipient to recover the cost\nof care and services provided under this article. Care and services\nprovided under this article shall not be deemed public benefits that\nwould affect a recipient's immigration status under federal law.\n 5. Inspections and compliance. The commissioner shall have the\nauthority to inquire into the operation of any certified medical respite\nprogram and to conduct periodic inspections of facilities with respect\nto the fitness and adequacy of the premises, equipment, personnel, rules\nand by-laws, standards of medical care and services, system of accounts,\nrecords, and the adequacy of financial resource
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