Section 367-Q. Personal care services worker recruitment and retention program

1.  The  commissioner  of  health  shall,   subject   to   the
  availability  of  federal  financial  participation adjust personal care
  services medical assistance rates of  payment  established  pursuant  to
  this  title for personal care services providers located in local social
  service districts which do not include a city with a population of  over
  one  million  persons  in  accordance with subdivisions two and three of
  this section for purposes of  improving  recruitment  and  retention  of
  personal  care  services  workers or any worker with direct patient care
  responsibility in the following  aggregate  amounts  for  the  following
  periods:
    (a)  for  the  period  April  first, two thousand two through December
  thirty-first, two thousand two, seven million dollars;
    (b) for the period January first, two thousand three through  December
  thirty-first, two thousand three, fourteen million dollars;
    (c)  for  the period January first, two thousand four through December
  thirty-first, two thousand four, twenty-one million dollars;
    (d) for the period January first, two thousand five  through  December
  thirty-first, two thousand five, twenty-seven million dollars;
    (e)  for  the  period January first, two thousand six through December
  thirty-first, two thousand six,  thirty-one  million  dollars,  provided
  however  that  for  the  period  August  first, two thousand six through
  December thirty-first, two thousand six, such rate adjustments shall  be
  increased by an additional aggregate amount of four million dollars;
    (f)  for  the  period  January  first, two thousand seven through June
  thirtieth, two thousand seven, thirteen million  five  hundred  thousand
  dollars;
    (g)  for  the  period  July  first,  two  thousand seven through March
  thirty-first, two thousand eight, twenty-six million two  hundred  fifty
  thousand dollars;
    (h)  for  the  period  April  first,  two thousand eight through March
  thirty-first, two  thousand  nine,  twenty-eight  million  five  hundred
  thousand dollars;
    (i)  for  the  period  April  first,  two  thousand nine through March
  thirty-first,  two  thousand  ten,  twenty-eight  million  five  hundred
  thousand dollars; and
    (j)  for  the  period  April  first,  two  thousand  ten through March
  thirty-first, two thousand eleven,  twenty-eight  million  five  hundred
  thousand dollars.
    2.   Such   adjustments  to  rates  of  payments  shall  be  allocated
  proportionally based on each personal  care  services  providers'  total
  annual  hours  of  personal  care services provided, as reported in each
  such provider's nineteen hundred ninety-nine cost report as submitted to
  the department of health prior to  November  first,  two  thousand  one,
  provided,  however,  that  for  periods  on  and  after  July first, two
  thousand seven, such payments shall be  in  the  form  of  a  percentage
  add-on  to  rates  of  payments  of  eligible  providers  based  on  the
  proportion of each personal care services providers' total annual  hours
  of  personal  care services provided to recipients of medical assistance
  to the total annual hours of personal care  services  provided  by  such
  providers.
    3.  Payments  made  pursuant  to  this section shall not be subject to
  subsequent adjustment or reconciliation.
    4. Personal care services providers which have  their  rates  adjusted
  pursuant  to  this  section  shall  use  such  funds  for the purpose of
  recruitment and retention  of  non-supervisory  personal  care  services
  workers  or  any worker with direct patient care responsibility only and
  are prohibited from using such funds for any other  purpose.  Each  such

  personal  care services provider shall submit, at a time and in a manner
  to be determined by the commissioner of health, a written  certification
  attesting  that  such  funds  will  be  used  solely  for the purpose of
  recruitment  and  retention  of  non-supervisory  personal care services
  workers or any worker  with  direct  patient  care  responsibility.  The
  commissioner  of  health  is  authorized  to audit each such provider to
  ensure compliance  with  the  written  certification  required  by  this
  subdivision  and shall recoup any funds determined to have been used for
  purposes  other  than  recruitment  and  retention  of   non-supervisory
  personal  care  services  workers or any worker with direct patient care
  responsibility. Such recoupment  shall  be  in  addition  to  any  other
  penalties provided by law.