N.Y. Comp. Codes R. & Regs. tit. 10, § 85.33
(2) Out-of-state nurses providing care to a New York State Medical Assistance patient who is temporarily located outside New York State, must be licensed and registered in the state in which they are practicing.
(c) Private duty nursing care in the hospital.
Private duty nursing care in the hospital shall be provided on the recommendation of the patient's attending physician when the patient is in need of individual and continuous care beyond that available by the staff of a hospital, including that which is available in a critical care area.
(d) Nursing service in the home.
(3) Service of a registered professional nurse or of a licensed practical nurse on a private practitioner basis may be provided to a patient in his or her own home only under the following circumstances:
(ii) when the patient is in need of individual and continuous nursing care beyond that available from an approved home health agency.
(e) Prior approval and prior authorization.
Prior approval by the local professional director and prior authorization by the local social services official shall be required for nursing service provided in a person's home or in a hospital by a private practicing registered professional or licensed practical nurse, except that in an urgent situation the attending physician may order the service of such nurse for no more than two nursing days and immediately notify the local social services official and the appropriate medical director.
(f) Physician's written order required.
All nursing services provided in the patient's home or in a hospital shall be in accordance with the attending physician's written order and plan of treatment; however, in extraordinary circumstances and for valid reasons which must be documented, nursing service in the home may be initiated by a home health agency before the physician sees the patient. A physician's written order is required for all such nursing services in excess of the initial two visits.
(g) Reimbursement.
(a) Where nursing care may be provided.
Nursing service as medically needed shall be provided to medical assistance recipients in the patient's home or in a hospital.
(b) Who may provide nursing care.