N.Y. Executive Law § 159-l: Decertification and reduction of entity shares

§ 159-l. Decertification and reduction of entity shares. 1. Any

eligible entity that received funding in the previous federal fiscal

year through a community services block grant made under this article

shall not have its funding terminated under this article or reduced

below the proportional share of funding the entity received in the

immediately preceding federal fiscal year, as determined pursuant to

section one hundred fifty-nine-i of this article, unless, after

providing notice and an opportunity for a hearing on the record, the

state determines that cause exists for such termination or such

reduction, subject to review by the secretary of the United States

department of health and human services. For purposes of making a

determination that cause exists for:

(a) a funding reduction, the term "cause" shall include

(1) a statewide redistribution of funds provided through a community

services block grant under this article to respond to

(A) the results of the most recently available census or other

appropriate data;

(B) the designation of a new eligible entity; or

(C) severe economic dislocation; and

(2) the failure of an eligible entity to comply with the terms of an

agreement or a state plan, or to meet a state requirement, as described

in this section; or

(b) a termination, the term "cause" includes the failure of an

eligible entity to comply with the terms of an agreement or a state

plan, or to meet a state requirement, as described in this section.

2. If the state determines, on the basis of a final decision in a

review pursuant to this article, that an eligible entity fails to comply

with the terms of an agreement or the state plan to provide services

under this article or to meet appropriate standards, goals, and other

requirements established by the state (including performance

objectives), the state shall:

(a) inform the entity of the deficiency to be corrected;

(b) require the entity to correct the deficiency;

(c) (1) offer training and technical assistance, if appropriate, to

help correct the deficiency, and prepare and submit to the secretary of

the United States department of health and human services a report

stating the reasons for the determination; or

(2) if the state determines that such training and technical

assistance are not appropriate, it shall prepare and submit to the

secretary of the United States department of health and human services a

report stating the reasons for the determination;

(d) (1) at the discretion of the state (taking into account the

seriousness of the deficiency and the time reasonably required to

correct the deficiency), allow the entity to develop and implement and

submit to the state, within sixty days after being informed of the

deficiency, a quality improvement plan to correct such deficiency within

a reasonable period of time, as determined by the state; and

(2) not later than thirty days after receiving from an eligible entity

a proposed quality improvement plan pursuant to subparagraph one of this

paragraph, either approve such proposed plan or specify the reasons why

the proposed plan cannot be approved; and

(e) after providing adequate notice and an opportunity for a hearing,

initiate proceedings to terminate the designation of or reduce the

funding under this article of the eligible entity unless the entity

corrects the deficiency.

3. A determination to terminate the designation or reduce the funding

of an eligible entity pursuant to subdivision two of this section is

reviewable by the secretary of the United States department of health

and human services, pursuant to the processes set forth in the federal

community services block grant act of 1981, as amended.