N.Y. SOS Law § 367-H

§ 367-h. Payment for assisted living programs. 1. Subject to the\napproval of the state director of the budget, the commissioner may\nauthorize the payment of medical assistance funds for assisted living\nprograms, as defined in section four hundred sixty-one-l of this\nchapter, in accordance with capitated rates of payment established\npursuant to subdivision six of section thirty-six hundred fourteen of\nthe public health law.\n 2. No assisted living program shall cease providing services to a\nmedical assistance recipient solely because the cost of his or her care\nexceeds the amount of such capitated payments.\n 3. No medical assistance payments shall be made pursuant to this\nsection while payments are also being made for inpatient care in a\nresidential health care facility or hospital with respect to the same\nperson.\n 4. This section shall be effective if, and as long as, federal\nfinancial participation is available for medical assistance expenditures\nmade pursuant to it.\n