New York Consolidated Laws, Social Services Law - SOS § 364-e. Aid to families with dependent children homemaker/home health aide demonstration projects

1. Notwithstanding sections three hundred sixty-six and three hundred sixty-eight-a of this chapter, the department shall have the authority to enter into agreements with social services districts for the purpose of conducting the demonstration project authorized by section nine hundred sixty-six of the omnibus reconciliation act of nineteen hundred eighty, designed to train and employ persons eligible for and receiving aid to families with dependent children benefits as homemakers or home health aides.  Such persons shall provide authorized services to elderly or disabled individuals, or other individuals in need of services, to whom such services are not otherwise reasonably and actually available or provided, and who would, without the availability of such services, be reasonably anticipated to require institutional care.

2. Participants in the demonstration project shall be persons who are eligible participants as defined in subdivision (b) of section nine hundred sixty-six of P.L. 96-499.

3. For purposes of this section, authorized services include part-time or intermittent:

4. For the first year during which a person is employed by a project authorized by this section, such person shall, notwithstanding section three hundred sixty-six of this chapter, retain any eligibility for medical assistance under a state plan approved under Title XIX of the Social Security Act, which such person had at the time he/she entered the project.

5. Expenditures made for services provided by persons participating in this demonstration project shall be considered medical assistance expenditures and shall be reimbursed in accordance with section three hundred sixty-eight-a of this chapter.

6. This section shall be effective if, and as long as, federal financial participation is available therefor.