§ 367-h. Payment for assisted living programs. 1. Subject to the
approval of the state director of the budget, the commissioner may
authorize the payment of medical assistance funds for assisted living
programs, as defined in section four hundred sixty-one-l of this
chapter, in accordance with capitated rates of payment established
pursuant to subdivision six of section thirty-six hundred fourteen of
the public health law.

2. No assisted living program shall cease providing services to a
medical assistance recipient solely because the cost of his or her care
exceeds the amount of such capitated payments.

3. No medical assistance payments shall be made pursuant to this
section while payments are also being made for inpatient care in a
residential health care facility or hospital with respect to the same
person.

4. This section shall be effective if, and as long as, federal
financial participation is available for medical assistance expenditures
made pursuant to it.