New York Consolidated Laws, Social Services Law - SOS § 367-p. Responsibilities of local districts for personal care services, home care services and private duty nursing

(a) local districts with programs which place individuals discharged from hospitals solely into certified home health agencies shall ensure that those individuals are reviewed for possible placement into personal care services within two weeks of discharge and, if appropriate, placed into personal care services within four weeks thereof;

(b) each local district shall, by September first, nineteen hundred ninety-five, review that plan of care for every recipient receiving personal care on a continuous basis pursuant to sections three hundred sixty-seven-k and three hundred sixty-seven-l of this title;

(c) each local district shall ensure access to a consumer directed personal assistance program operated pursuant to section three hundred sixty-five-f of this title is available in the district to allow persons receiving home care pursuant to this title to directly arrange and pay for such care;  and

(d) local districts shall not restrict, and shall not be restricted from approving, the provision of private duty nursing as an alternative to nursing services provided by a home health agency where appropriate and cost-effective pursuant to section three hundred sixty-seven-l.