§ 367-c. Payment for long term home health care programs. 1. If a long\nterm home health care program as defined under article thirty-six of the\npublic health law is provided in the social services district for which\nhe has authority, the local social services official, before he\nauthorizes care in a nursing home or intermediate care facility for a\nperson eligible to receive services under this title, shall notify the\nperson in writing of the provisions of this section.\n 2. If a person eligible to receive services under the provisions of\nthis title who requires care, treatment, maintenance, nursing or other\nservices in a nursing home desires to remain and is deemed by his\nphysician able to remain in his own home or the home of a responsible\nrelative or other responsible adult if the necessary services are\nprovided, such person or his representative shall so inform the local\nsocial services official. If a long term home health care program as\ndefined under article thirty-six of the public health law is provided in\nthe social services district for which he has authority, such official\nshall authorize an assessment under the provisions of section thirty-six\nhundred sixteen of the public health law. If the results of the\nassessment indicate that the person can receive the appropriate level of\ncare at home, the official shall prepare for that person a plan for the\nprovision of services comparable to those that would be rendered in a\nnursing home. In developing such plan, the official shall consult with\nthose persons performing the assessment. The services shall be provided\nby a certified home health agency, hospital, or residential health care\nfacility authorized by the commissioner of health under article\nthirty-six of the public health law to provide a long term home health\ncare program. At the time of the initial assessment, and at the time of\neach subsequent assessment performed under the provisions of section\nthirty-six hundred sixteen of the public health law, or more often if\nthe person's needs require, the official shall establish a monthly\nbudget in accordance with which he shall authorize payment for the\nservices provided under such plan. Total monthly expenditures made under\nthis title for such person shall not exceed a maximum of seventy-five\nper cent, or such lesser percentage as may be determined by the\ncommissioner, of the average of the monthly rates payable under this\ntitle for nursing home services within the social services district for\nwhich the official has authority. However, if a continuing assessment of\nthe person's needs demonstrates that he requires increased services, the\nsocial services official may authorize the expenditure of any amount\naccrued under this section during the past twelve months as a result of\nthe expenditures for that person not exceeding such maximum. If an\nassessment of the person's needs demonstrates that he requires services\nthe payment for which would exceed such monthly maximum, but it can be\nreasonably anticipated that total expenditures for required services for\nsuch person will not exceed such maximum calculated over a one year\nperiod, the social services official may authorize payment for such\nservices.\n 3. If a person eligible to receive services under the provisions of\nthis title who requires health related care and services in an\nintermediate care facility desires to remain and is deemed by his\nphysician able to remain in his own home or the home of a responsible\nrelative or other responsible adult if the necessary services are\nprovided, such person or his representative shall so inform the local\nsocial services official. If a long term home health care program as\ndefined under article thirty-six of the public health law is provided in\nthe social services district for which he has authority, such official\nshall authorize an assessment under the provisions of section thirty-six\nhundred sixteen of the public health law
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