NY Ment Hygiene L § 13.37-A (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 13 - Office for People With Developmental Disabilities 13.37-A - Transitional Care.

§ 13.37-a Transitional care.  (a)  For purposes of this section, "transitional care" shall mean care and maintenance of persons:   1. who were placed in  foster  care  by  a  social  services  district pursuant  to  article six of the social services law and who have become twenty-one years of age, or who were placed in a residential educational placement by a school district pursuant to article  eighty-nine  of  the education  law  and  who  are  no  longer  eligible for free educational services because they have completed  the  school  year  in  which  they became twenty-one;   2. who were disabled and in need of residential care prior to becoming age  twenty-one  or  prior  to  becoming  ineligible  for free education services  and  who  have  since  remained  continuously   disabled   and continuously in need of residential care;   3.  who  became  twenty-one  or became ineligible for free educational services prior to July first, nineteen hundred ninety-six;   4. with respect to whom the office has approved a  plan  of  continued out  of  home care for the person but has not yet identified a currently available appropriate placement;   5. whose residential needs can be met by the  facility  in  which  the persons  resided prior to becoming age twenty-one or becoming ineligible for free educational services; and   6. who on July first, nineteen hundred ninety-eight are in receipt  of transitional  care, or who have continuously remained in the foster care or residential education placement where they had received  transitional care.  (b)  The  office  shall  expend  funds to provide transitional care as described in this section.  (c) Expenditures pursuant to subdivision (b) of this section shall  be approved only if and to the extent that:   1.  the  office  has  an  agreement  with the residential facility for continued care of qualified persons at rates which are no  greater  than the  rates that would have been available if such persons were under age twenty-one;   2. the facility understands and agrees to the right of the office  and such other state offices as the office may deem appropriate to visit and inspect  the  facilities and residents and to have access to any records or information necessary to assure that the care provided  is  safe  and appropriate  to  the  needs  of any persons residing in the facility for whom transitional care is being provided;   3. the payments are made subject to any other requirements  identified by the office; and   4.  an  application for supplemental security income benefits has been submitted, and any supplemental security income benefits received by the person, in excess of any reserved personal allowance amounts,  shall  be applied to reduce the cost of transitional care.  (d)  The  office  shall  periodically forward to each facility that is providing transitional care a statement of the obligations the  facility assumes  by accepting payment pursuant to this section. The statement of obligations shall be established by the  office  and  provided  to  each facility.  (e)  The  office  shall  discontinue payment for transitional care, in accordance  with  procedures  established  by  the   office,   for   any individual:   1.  who  has been offered an appropriate, available adult placement or adult services, when such an offer has been made and  accepted,  or  has been  made and upheld by an administrative hearing, or has been made and the time to request an administrative appeal has expired;    2. whose continued placement in a child care facility  or  residential school  may  adversely  affect the health, safety or welfare of children residing in the facility, based upon a determination  by  the  education department, or by the department of social services, and that the office will,  if  necessary  and  appropriate,  offer an adult placement to the individual on an expedited basis; or   3. who is residing in a facility which has failed or refused  to  meet its  obligations pursuant to this section as a condition of funding, and that the office will, if  necessary  and  appropriate,  offer  an  adult placement to the individual on an expedited basis.