NY Pub Health L § 2823 (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 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.