N.Y. Pub. Health Law § 2803-F
Residential health care facilities shall be permitted, with the prior approval of the commissioner in consultation with the director of the state office for the aging, to participate in respite projects pursuant to section two hundred eight of the elder law. No person shall receive services providing respite in a residential health care facility unless such person is medically eligible for admission to such facility. Reimbursement for services in a residential health care facility shall be as provided in sections twenty-eight hundred seven and twenty-eight hundred eight of this article for skilled nursing facility services or health-related services. The commissioner, in consultation with the director of the state office for the aging, shall promulgate rules and regulations to implement the provisions of this section.
N.Y. Pub. Health Law § 2803-F