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.
Terms Used In N.Y. Public Health Law 2823
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Hospital: means a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, or, in the case of a midwifery birth center, of a midwife, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, a rural emergency hospital under 42 USC 1395x(kkk), or successor provisions, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, midwifery birth center, lying-in-asylum, out-patient department, out-patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions, but the term hospital shall not include an institution, sanitarium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, examination, inspection and investigation of the department of mental hygiene except for those distinct parts of such a facility which provide hospital service. See N.Y. Public Health Law 2801
- Nursing home: means a facility providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing, and in addition thereto, providing nursing care and health-related service, or either of them, to persons who are not occupants of the facility. See N.Y. Public Health Law 2801
- Provider: means an individual or entity, whether for profit or nonprofit, whose primary purpose is to provide professional health care services. See N.Y. Public Health Law 2801
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.