New York Social Services Code § 365

Responsibility for assistance
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§ 365. Responsibility for assistance. 1. Subject to supervision by the\ndepartment: (a) each public welfare district shall furnish medical\nassistance to the persons eligible therefor who reside in its territory,\nexcept to persons for whom another public welfare district would be\nresponsible under the provisions of paragraphs (b), (c), (d) or (g) of\nsubdivision five of section sixty-two and other provisions of this\nchapter, and except to persons for whom provision is made hereinafter in\nsubdivision two. Temporary absence, within or without the state, of such\npersons from such territory shall not effect their eligibility for such\nassistance;\n  (b) each public welfare district shall also be responsible for\nfurnishing medical assistance to eligible persons found in its\nterritory, who are temporarily in the state;\n  (c) each public welfare district, in any case in which the appropriate\nmedical care and services are not available within such district, shall\nmake appropriate arrangements, including the provision of\ntransportation, for obtaining such medical care and services outside\nsuch district;\n  (d) each public welfare district may furnish all or any part of the\nmedical assistance required to be furnished pursuant to this title,\neither directly or by contract or agreement.\n  2. Any inconsistent provision of this chapter or other law\nnotwithstanding, the department shall be responsible for furnishing\nmedical assistance to eligible individuals: (a) who are sixty-five years\nof age or older and who are patients in either state hospitals for the\nmentally disabled operated by the state department of mental hygiene or\nstate hospitals for the treatment of tuberculosis operated pursuant to\nthe provisions of the public health law; (b) who are under twenty-one\nyears of age and who are receiving psychiatric services in such state\nhospitals for the mentally disabled which services conform to the state\nplan implementive of this title and which a team consisting of\nphysicians and other qualified personnel has determined are necessary on\nan in-patient basis and can reasonably be expected to improve the\ncondition requiring such services to the extent that eventually such\nservices will no longer be necessary; in the case of a person who,\nduring the course of hospitalization attains the age of twenty-one, such\nservices may continue until he reaches the age of twenty-two; (c) who\nare patients in that part of a public institution operated for the care\nof individuals with developmental disabilities that has been approved\npursuant to law as a hospital or nursing home; (d) who are under care\nand treatment for drug dependence in a facility, or part thereof,\noperated pursuant to the provisions of the mental hygiene law if and so\nlong as federal aid is available therefor; (e) who are under care in a\nhospital while they are on release from an institution in the state\ndepartment of mental hygiene or who are drug dependent persons under\ncare in a hospital while they are on release from a drug abuse treatment\nfacility or part thereof operated in compliance with applicable\nprovisions of law and supervised by the state division of substance\nabuse services, for the purpose of receiving care in such hospital. The\ndepartment may at its option discharge such responsibility, in whole or\nin part, through social services districts designated to act as agents\nof the department. While so designated, a social services district shall\nact as agent of the department and shall be entitled to reimbursement as\nprovided in section three hundred sixty-eight-a of this title.\n  3. Any inconsistent provision of this chapter or other law\nnotwithstanding, the department shall be responsible for furnishing\nmedical assistance to eligible veterans and their dependents (a) in that\npart of the New York state home for veterans and their dependents at\nOxford that has been approved pursuant to law as a nursing home, and (b)\nin a hospit

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