Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Program.
The Vital Access Program is a program of ongoing supplement
to the non-capital component of service reimbursement rates calculated pursuant
to Part 841 of this Title, or exemption from payment reductions, as long as the
designation as a vital access provider, as determined pursuant to this section,
applies.
(b)
Eligibility.
The commissioner may grant approval of temporary adjustments
to OASAS certified inpatient rehabilitation (IPRs) programs, or such other
programs as may be designated by the commissioner, which demonstrate through
submission of a written application that the additional resources provided by a
temporary rate adjustment will achieve one or more of the following:
(1) protect or enhance access to
care;
(2) protect or enhance
quality of care;
(3) improve the
cost effectiveness of the delivery of health care services; or
(4) otherwise protect or enhance the health
care delivery system, as determined by the commissioner.
(c)
Application.
(1) The written application pursuant to
subdivision (a) of this section shall be submitted to the commissioner at least
60 days prior to the requested effective date of the temporary rate adjustment
and shall include a proposed budget to achieve the goals of the
proposal.
(2) The commissioner may
require that applications submitted pursuant to this section be submitted in
response to and in accordance with a request for applications or a request for
proposals issued by the commissioner.
(3) In rural communities, Federal designation
as critical access, essential access, or sole community provider will serve to
meet the threshold criteria as a vital access provider.
(d)
Conditions on approval.
(1) Any temporary rate adjustment issued
pursuant to this section shall be in effect for a specified period of time as
determined by the commissioner, of up to three years. At the end of the
specified timeframe, the facility shall be reimbursed in accordance with the
otherwise applicable rate-setting methodology as set forth in applicable
statutes and Part 841 of this Title.
(2) The commissioner may establish, as a
condition of receiving such a temporary rate adjustment, benchmarks and goals
to be achieved in conformity with the facility's written application as
approved by the commissioner and may also require that the facility submit such
periodic reports concerning the achievement of satisfactory progress, as
determined by the commissioner, in accomplishing such benchmarks and goals
shall be a basis for ending the facility's temporary rate adjustment prior to
the end of the specified timeframe.
