N.Y. Comp. Codes R. & Regs. tit. 18, § 485.17 – Long-term home health care program.

(a) Services provided under the long-term home health care program (LTHHCP) or AIDS home care program (AHCP), as defined in section 505.21 of this Title, may be provided to a resident of an adult care facility, except a shelter for adults, who:
1. (1) has been deemed medically eligible by a physician for placement in a residential health care facility but who can remain in an adult care facility if he/she receives LTHHCP or AHCP services;
2. (2) as the result of an assessment authorized by a social services district has been determined appropriate to receive LTHHCP or AHCP services, provided the assessment is conducted prior to the provision of such services and in compliance with the provisions of section 505.21 of this Title; and
3. (3) meets the admission and continued stay criteria for the type of adult care facility in which the person is residing.
(b) LTHHCP or AHCP services may not duplicate or replace those services which the adult-care facility operator is required by law or regulation to provide.
(c) A representative of the adult-care facility must be consulted during the home assessment process in accordance with the provisions of section 505.21 of this Title.
(d) An operator of an adult-care facility must coordinate service delivery and case management services with the LTHHCP or AHCP program. The operator is solely responsible for managing and providing those services which the facility is required by law or regulation to provide.
(e) The commissioner may specify additional forms and reports regarding the provision of LTHHCP or AHCP services to residents of adult-care facilities for the purpose of preparing reports to the Governor and the Legislature.