Section 366-E. Certified home health agency medicare billing

(a) Certified
  home health agencies shall bill under title XVIII of the federal  social
  security  act  for  services  provided to all patients eligible for such
  program who, as  defined  by  federal  law  and  regulations,  are:  (i)
  homebound; (ii) receiving skilled services; and (iii) are receiving such
  services  on an intermittent basis. The department, in consultation with
  the department of health and representatives of  certified  home  health
  agencies  with  demonstrated  ability  to maximize medicare revenue, may
  promulgate regulations to implement this subdivision. Nothing  contained
  herein  shall be construed to prohibit agencies from billing for medical
  assistance reimbursement for eligible services provided to such patients
  which are not covered under title XVIII of the federal  social  security
  act meeting the standards established by the department pursuant to this
  section.    Patient cases that meet the criteria established pursuant to
  this subdivision, where coverage has been denied under  title  XVIII  of
  the  federal  social  security  act  for  the cost of care provided by a
  certified home health agency shall be referred  by  such  agency  to  an
  organization pursuant to subdivision (b) of this section.
    (b)  The  commissioner  shall  enter  into  agreements with persons or
  entities to provide for representation of persons meeting  the  criteria
  specified  in  subdivision  (a)  of  this  section  who have been denied
  reimbursement, under title XVIII of the federal social security act, for
  services provided by a certified home health agency.