N.Y. Social Services Law § 367-d: Personal care need determination

* § 367-d. Personal care need determination. The commissioner shall

annually determine the statewide need for personal care services for all

recipients except for those receiving personal care services pursuant to

section three hundred sixty-seven-c of this article and for those

recipients who are receiving personal care services and residing in

family care homes or community residences as defined in subdivision

twenty-eight-a of section 1.03 of the mental hygiene law certified by

the office of mental health and the office of mental retardation and

developmental disabilities. In determining such need the commissioner

shall consider such factors as the population characteristics, poverty

levels, the availability of informal support and other health care

resources, related demographic data, and such other factors the

commissioner deems pertinent for this purpose. The need for personal

care services, as used in this section, shall be expressed in hourly

units of service and the total number of personal care service units

established pursuant to this section shall be allocated to each social

services district on the same basis as the statewide need is determined.

Such allocations shall be in effect for the period April first through

March thirty-first of the following year and shall be made available to

each social services district prior to April first of each year, except

that during calendar year nineteen hundred eighty-three, such

allocations shall be made available within thirty days after enactment

of this section but no earlier than April first. Within thirty days of

receipt of a written request to the department made by a local social

services commissioner the department shall provide all documentation

used as the basis for determining aggregate statewide as well as their

individual district allocations determined pursuant to this section.

* NB Expired March 31, 1985