N.Y. Social Services Law § 461-j: Family type homes for adults; special needs funds

§ 461-j. Family type homes for adults; special needs funds. 1. The

commissioner shall establish a procedure whereby payments shall be made

to duly certified operators of family type homes for adults for the

purpose of meeting one or more of certain special needs of persons

residing in such facilities and properly receiving or eligible to

receive supplemental security income, additional state payments or

safety net assistance benefits, as follows:

(a) Payments to be used for necessary clothing, recreation,

transportation and cultural activities of specified individual residents

shall not exceed two hundred ninety dollars per resident per year.

(b) Payments to be used for provision of substitute care to residents

during periods of emergency and scheduled absence of operators,

including periods of operator absence for the purposes of education and

training, shall not exceed five hundred dollars per facility per year.

(c) Payments to be used for health and safety equipment shall not

exceed seventy-five dollars per facility per year.

2. Social services districts shall establish a separate account for

special needs funds and shall administer payments to operators out of

said account, in accordance with regulations which shall be promulgated

by the department. The department shall pay district costs out of

available appropriations for such purposes, to the extent of one hundred

percent of the amount expended pursuant to subdivision one of this

section, in accordance with the provisions of section one hundred

fifty-three of this chapter. In addition, the department shall, in

accordance with the provisions of section one hundred fifty-three of

this chapter, reimburse one hundred percent of amounts expended by each

district for administration under this section only to the extent of ten

percent of the amount paid by such district pursuant to subdivision one

of this section, and shall thereafter reimburse fifty percent of any

additional amounts paid by such district for such administrative costs.

The department may make advances to districts which shall then advance

such funds to duly certified operators, to the extent provided for by

department regulations, in anticipation of costs incurred in meeting the

special needs as set forth in subdivision one of this section and

related administrative costs in accordance with the procedure

established by the commissioner. Nothing contained in this section shall

be construed to require expenditures by any district pursuant to

subdivision one of this section, in excess of the amounts made available

to the district by the department pursuant to this section.

3. Notwithstanding any other provision of law, state reimbursement to

districts may be made only from and to the extent of moneys appropriated

to the department for such purposes.

4. The department shall audit payments and maintenance of accounts in

accordance with department regulations. The commissioner shall

promulgate regulations to carry out the purposes of this section.