§ 3614. Payments for certified home health agency services, long term\nhome health care programs and AIDS home care programs. 1. No government\nagency shall purchase, pay for or make reimbursement or grants-in-aid\nfor services provided by a home care services agency, a provider of a\nlong term home health care program or a provider of an AIDS home care\nprogram unless, at the time the services were provided, the home care\nservices agency possessed a valid certificate of approval or the\nprovider of a long term home health care program or AIDS home care\nprogram had been authorized by the commissioner to provide such program.\nHowever, contractual arrangements between a certified home health\nagency, provider of a long term home health care program, provider of an\nAIDS home care program, or government agency and any home care services\nagency shall not be prohibited, provided that the certified home health\nagency, provider of a long term home health care program, provider of an\nAIDS home care program, or government agency maintains full\nresponsibility for the plan of treatment and the care rendered.\n 2. Payments for certified home health agency services or services\nprovided by long term home health care programs or AIDS home care\nprograms made by government agencies shall be at rates approved by the\nstate director of the budget. No provider of a long term home health\ncare program or AIDS home care program shall establish charges for such\nprogram in excess of those established pursuant to the provisions of\nthis section and rules and regulations adopted pursuant to section\nthirty-six hundred twelve of this article or subchapter XVIII of the\nfederal Social Security Act (Medicare).\n 2-a. Notwithstanding any contrary law, rule or regulation, for rate\nperiods on and after April first, two thousand eleven, Medicaid rates of\npayments for services provided by certified home health agencies, by\nlong term home health care programs or by an AIDS home care program\nshall not reflect a separate payment for home care nursing services\nprovided to patients diagnosed with Acquired Immune Deficiency Syndrome\n(AIDS).\n 3. Prior to the approval of such rates, the commissioner shall\ndetermine and certify to the state director of the budget that the\nproposed rate schedules for payments for certified home health agency\nservices or services provided by long term home health care programs or\nAIDS home care programs are reasonably related to the costs of the\nefficient production of such services. In making such certification, the\ncommissioner shall take into consideration the elements of cost,\ngeographical differentials in the elements of cost considered, economic\nfactors in the area in which the certified home health agency, provider\nof a long term home health care program or provider of an AIDS home care\nprogram is located, costs of certified home health agencies, providers\nof long term home health care programs or providers of AIDS home care\nprograms of comparable size, and the need for incentives to improve\nservices and institute economies.\n 3-a. Medically fragile children and medically fragile adults. Rates of\npayment for continuous nursing services for medically fragile children\nand medically fragile adults provided by a certified home health agency,\na licensed home care services agency or a long term home health care\nprogram shall be established to ensure the availability of such\nservices, whether provided by registered nurses or licensed practical\nnurses who are employed by or under contract with such agencies or\nprograms, and shall be established at a rate that is at least equal to\nrates of payment for such services rendered to patients eligible for\nAIDS home care programs; provided, however, that a certified home health\nagency, a licensed home care services agency or a long term home health\ncare program that receives such enhanced rates for continuous nursing\nservices for medically fragile chil
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