N.Y. Public Health Law § 2823: Supportive housing development program

§ 2823. Supportive housing development program. 1. For the purposes of

this section "eligible applicant" shall mean (a) a unit of local

government, or (b) a not-for-profit corporation that has been in

existence for a period of at least one year prior to application and has

been engaged in supportive housing programs for vulnerable populations.

2. Grants provided pursuant to this section shall be used only to fund

housing development activities and other general programmatic activities

to help ensure a stable system of supportive housing for vulnerable

persons in the community. Reinvestment funds for supportive housing for

vulnerable populations, which are general fund savings directly related

to inpatient hospital and nursing home bed decertification and/or

facility closure, shall be allocated annually by the commissioner based

upon the following criteria:

(a) the efficiency and effectiveness of the use of funding for the

development of adequate and accessible housing to support vulnerable

persons in the community and to ensure access to supports necessary to

maximize expected outcomes; and

(b) other relevant factors relating to the maintenance of existing

supportive housing and the development of new supportive housing and

associated services.

3. The commissioner shall establish an application process by which

eligible applicants may apply for a grant under this section. The

application shall include:

(a) the geographic area in which the housing/services shall be

provided;

(b) a detailed description of the housing/services to be provided;

(c) a plan for the efficient and effective use of funding for the

development of adequate and accessible housing to support vulnerable

persons in the community;

(d) other relevant factors relating to the need for maintenance of

existing supportive housing and the development of new supportive

housing and associated services; and

(e) any other information that the commissioner deems relevant and

appropriate.

4. Grantees under this section shall file an annual report with the

commissioner, in such form and with such information and data as the

commissioner prescribes detailing the expenditure of grant funds. In

addition, the commissioner is authorized and empowered to make

inspections and examine records of any entity funded pursuant to

subdivision two of this section. Such examination shall include all

medical, service and financial records, receipts, disbursements,

contracts, loans and other moneys relating to the financial operation of

the provider.

5. The amount of supportive housing development reinvestment funds for

the department shall be subject to annual appropriation. The

methodologies used to calculate the savings shall be developed by the

commissioner and the director of the budget. In no event shall the full

annual value of supportive housing development reinvestment programs

attributable to inpatient hospital and nursing home bed decertification

and/or facility closure exceed the twelve month value of the department

of health general fund reductions resulting from such decertification

and/or facility closure.

6. The annual supportive housing development reinvestment

appropriation shall reflect a proportion of the amount of general fund

savings resulting from subdivision five of this section. Within any

fiscal year where appropriation increases are recommended for the

supportive housing development reinvestment program, insofar as

projected bed decertification and/or facility closures do not occur as

estimated, and general fund savings do not result, then the reinvestment

appropriations may be reduced in the next year's annual budget

itemization.

7. No provision in this section shall create or be deemed to create

any right, interest or entitlement to services or funds that are subject

to this section, or to any other services or funds, whether to

individuals, localities, providers or others, individually or

collectively.

8. The commissioner shall promulgate regulations, and may promulgate

emergency regulations, to effectuate the provisions of this section.