N.Y. Comp. Codes R. & Regs. tit. 18, § 511.7
(a) When an MA recipient applies for an increase in or an exemption from a utilization threshold for a particular provider service type pursuant to sections 511.4 and 511.5 of this Part, the recipient is automatically eligible for additional service units of that provider service type, in addition to any medical care, services or supplies required to address an urgent medical need or medical emergency, if:
(c) An MA recipient who meets the requirements of subdivision (a) or (b) of this section will be authorized to receive additional service units as follows: