N.Y. Comp. Codes R. & Regs. tit. 11 § 39.2
Participation in the program shall be open to residents of New York State and insurers licensed to do business in the State. Qualified policies/certificates sold under the program shall provide that benefits are payable regardless of the insured's residence at the time of eligibility for policy/certificate benefits subject to policy/certificate provisions relating to limitations on coverage outside of the United States and its possessions. However, the special eligibility for long-term care protection through the New York State Medicaid program shall be void unless the insured is eligible to receive approved services under the New York State Medicaid program when such special eligibility occurs. This fact shall be prominently disclosed on the face page of the policy/certificate.
N.Y. Comp. Codes R. & Regs. Tit. 11 § 39.2