2023 New York Laws › EXC - Executive › Article 6-D - Community Services Block Grant Program › 159-L - Decertification and Reduction of Entity Shares.

§  159-l.  Decertification  and  reduction  of  entity  shares. 1. Any
eligible entity that received funding in  the  previous  federal  fiscal
year  through  a  community services block grant made under this article
shall not have its funding terminated  under  this  article  or  reduced
below  the  proportional  share  of  funding  the entity received in the
immediately preceding federal fiscal year,  as  determined  pursuant  to
section   one  hundred  fifty-nine-i  of  this  article,  unless,  after
providing notice and an opportunity for a hearing  on  the  record,  the
state  determines  that  cause  exists  for  such  termination  or  such
reduction, subject to review by  the  secretary  of  the  United  States
department  of  health  and  human  services.  For  purposes of making a
determination that cause exists for:
(a) a funding reduction, the term "cause" shall include
(1) a statewide redistribution of funds provided through  a  community
services block grant under this article to respond to
(A)  the  results  of  the  most  recently  available  census or other
appropriate data;
(B) the designation of a new eligible entity; or
(C) severe economic dislocation; and
(2) the failure of an eligible entity to comply with the terms  of  an
agreement  or a state plan, or to meet a state requirement, as described
in this section; or
(b) a termination,  the  term  "cause"  includes  the  failure  of  an
eligible  entity  to  comply  with  the terms of an agreement or a state
plan, or to meet a state requirement, as described in this section.
2. If the state determines, on the basis of  a  final  decision  in  a
review pursuant to this article, that an eligible entity fails to comply
with  the  terms  of  an agreement or the state plan to provide services
under this article or to meet appropriate standards,  goals,  and  other
requirements   established   by   the   state   (including   performance
objectives), the state shall:
(a) inform the entity of the deficiency to be corrected;
(b) require the entity to correct the deficiency;
(c) (1) offer training and technical assistance,  if  appropriate,  to
help  correct the deficiency, and prepare and submit to the secretary of
the United States department of  health  and  human  services  a  report
stating the reasons for the determination; or
(2)   if  the  state  determines  that  such  training  and  technical
assistance are not appropriate, it  shall  prepare  and  submit  to  the
secretary of the United States department of health and human services a
report stating the reasons for the determination;
(d)  (1)  at  the  discretion  of  the  state (taking into account the
seriousness of the  deficiency  and  the  time  reasonably  required  to
correct  the  deficiency), allow the entity to develop and implement and
submit to the state, within sixty  days  after  being  informed  of  the
deficiency, a quality improvement plan to correct such deficiency within
a reasonable period of time, as determined by the state; and
(2) not later than thirty days after receiving from an eligible entity
a proposed quality improvement plan pursuant to subparagraph one of this
paragraph,  either approve such proposed plan or specify the reasons why
the proposed plan cannot be approved; and
(e) after providing adequate notice and an opportunity for a  hearing,
initiate  proceedings  to  terminate  the  designation  of or reduce the
funding under this article of the  eligible  entity  unless  the  entity
corrects the deficiency.
3.  A determination to terminate the designation or reduce the funding
of an eligible entity pursuant to subdivision two  of  this  section  is
reviewable  by  the  secretary of the United States department of health

and human services, pursuant to the processes set forth in  the  federal
community services block grant act of 1981, as amended.