Part 768 - Respite Demonstration Projects

Effective Date: 
Monday, February 17, 1986
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 3617

Section 768.1 - Definitions

Section 768.1 Definitions. (a) Respite shall mean the provision of infrequent and temporary substitute care or supervision of frail or disabled adults on behalf of and in the absence of the care-giver, for the purpose of providing relief from the stresses or responsibilities concomitant with providing constant care, so as to enable the care-giver to maintain a normal routine. Respite shall be limited to periods of three consecutive hours or longer, but not to exceed six weeks in any calendar year for any individual.

(b) Care-giver shall mean the family member or other natural person who normally provides the daily care or supervision of a frail or disabled adult. Such care-giver may, but need not, reside in the same household as the frail or disabled adult.
 

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Section 768.2 - Applicability

768.2 Applicability. (a) Certified home health agencies shall be permitted, with the prior approval of the commissioner, to participate in respite demonstration projects pursuant to section 131-p of the Social Services Law.
 

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Section 768.3 - Review of applications

768.3 Review of applications. (a) The commissioner's review of applications for respite demonstration projects submitted to the State Department of Social Services pursuant to section 131-p of the Social Services Law in regard to any certified home health agency participant shall include, but not be limited to, a review of the following with respect to such participant:

(1) findings of the department from inspections performed pursuant to subdivision 1, section 3612 of article 36 of the Public Health Law to determine the adequacy of care rendered patients; and

(2) findings of the department from inspections performed to determine conformance with applicable Federal statutes and regulations for certification of the agency for provider agreements issued pursuant to title XVIII and/or title XIX of the Social Security Act.

(b) The commissioner shall notify the State Department of Social Services of the results of the review of applications as described in subdivision (a) of this section.

(c) Written approval by the State Department of Social Services of an application for a respite demonstration project submitted pursuant to section 131-p of the Social Services Law shall constitute authorization for such project.
 

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Section 768.4 - Governing authority

768.4 Governing authority. The governing authority of any certified home health agency participating in an approved respite demonstration project pursuant to section 131-p of the Social Services Law shall:

(a) appoint a staff member as coordinator of respite services who shall have, in addition to other agency duties, the responsibility for the coordination of respite services with other patient services provided by the agency; and

(b) provide respite services in such agency only to persons medically eligible for admission to such agency.
 

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