New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 491 - Shelters For Adults › Section 491.25 - Withholding and denying reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
		    Reimbursement for all expenditures made by a social services district related
		    to the provision of temporary residential care, room, board, supervision,
		    information and referral, or social rehabilitation services for persons in need
		    of temporary accommodations, supervision and services, may be subject to
		    withholding or denial when any shelter for adults, small-capacity shelter, or
		    shelter for adult families located within that social services district fails
		    to comply with all applicable State or local laws, regulations, and codes,
		    including the applicable provisions of this Part, or fails to operate in
		    accordance with the operational plan for the facility approved by the
		    office.
(b)
Notice of
		    violations.
The office must notify the social services district of all
			 violations of the provisions of this Part prior to withholding or denying
			 reimbursement.
(c)
Withholding.
The office may withhold up to 100 percent of the
			 reimbursement for expenditures made by a social services district related to
			 the provision of temporary residential care, room, board, supervision,
			 information and referral, or social rehabilitation services for persons in need
			 of temporary accommodations, supervision and services, if violations at any
			 shelter for adults, small-capacity shelter, or shelter for adult families
			 located within that social services district have not been corrected within 30
			 days from the date the social services district receives notice of the
			 violations or within any lesser period ordered by the office pursuant to
			 section 491.22(f)  of this Part, or an acceptable plan for correction is not
			 submitted pursuant to section 491.22(e)  of this Part. Reimbursement may be
			 withheld beginning the 31st day after the social services district is provided
			 with notice of the violations, or the day following the expiration of any
			 lesser period ordered by the office pursuant to section 491.22(f)  of this Part,
			 and continuing until the social services district notifies the office in
			 writing of its compliance and the office notifies the social services district
			 in writing it has verified that the facility is in compliance.
(d)
Subsequent denial of withheld
		    funds.
If reimbursement is withheld pursuant to this section, the
			 social services district shall immediately submit an acceptable plan for
			 correction, or revise the plan for correction previously submitted by the
			 social services district for office approval, to set forth a date by which all
			 violations described in the notice of violation will be corrected. The new or
			 revised corrective action plan shall be subject to office approval. If the
			 violations identified in the notice of violation continue to remain uncorrected
			 by the date set forth in the new or revised corrective action plan, any
			 reimbursement previously withheld may be denied. The commissioner of the social
			 services district shall be given written notice of the decision to deny
			 reimbursement.
(e) The
		    social services district shall have the right to judicial review of the
		    decision to withhold or deny reimbursement in accordance with the provisions of
		    article 78 of the Civil Practice Law and Rules.