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UPDATED: AUGUST 1999

539

OTHER ELIGIBILITY REQUIREMENTS LIVING ARRANGEMENTS

MEDICAL FACILITIES

Description: Medical facilities are hospitals, skilled nursing facilities and intermediate care facilities which have an operating certificate issued to them by the New York State Department of Health or the Department of Mental Hygiene and have a Medicaid Provider agreement issued by the State Medicaid agency. Policy: Medicaid may be given to an otherwise eligible person in an approved medical facility.

NOTE: This definition is NOT to be used for the purpose of determining the district of fiscal responsibility. (See OMM/ADM 97-1 and OTHER ELIGIBILITY REQUIREMENTS DISTRICT OF FISCAL RESPONSIBILTY)

References: SSL Sect.

365 366

Public Health Law, Article 28 Mental Hygiene Law, Article 31 Mental Hygiene Law, Article 16

Dept. Reg.

360-6.6(b) - (f)

ADM

OMM/ADM 97-1

INF

88 INF-15

LCM

93 LCM-89

Interpretation: An approved medical institution or facility includes the following when operated in accordance with the provisions of the Public Health Law, Mental Hygiene Law or other applicable law:

• a private proprietary, public or non-profit nursing home;

• the approved infirmary section of a home for the aged;

• a public home infirmary or other similar public facility for the chronically ill;

• an approved hospital or nursing home section of a public institution operated for the care of persons with developmental disabilities; (MRG)