New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 457 - Protective Services For Adults › Section 457.8 - Annual plan for the provision of PSA

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After consultation with appropriate
			 public, private and voluntary agencies, including but not limited to health,
			 mental health, aging, legal and law enforcement agencies, each local department
			 of social services shall prepare and submit to the State commissioner an annual
			 plan for the provision of PSA.
(b)
			 Prior to submission to the State commissioner, each local social services
			 department shall obtain the approval of such PSA plan by the chief executive
			 officer, or the legislative body in those counties without a chief executive
			 officer.
(c) The annual plan for
			 the provision of PSA shall be an integral component of a district's
			 consolidated services plan, as required by section 34-a  of the Social Services Law and Part
			 407 of this Title. These plans shall be submitted by each local social services
			 department to the State commissioner, in a manner and in a format prescribed by
			 the department.
(d) Annual plans
			 for the provision of PSA shall describe the local implementation of this
			 program, including the organization, staffing, mode of operations and financing
			 of PSA, as well as provisions made for the purchase of services, interagency
			 relations, interagency agreements, service referral mechanisms, locus of
			 responsibility for cases with multiagency services needs, and any other
			 information the department shall determine pertinent.
(e) The department shall establish a schedule
			 for the submission of annual plans for the provision of PSA by the local
			 departments of social services. Within 30 days of receipt of plans, the State
			 commissioner shall certify whether or not the plan submitted by a local
			 department of social services fulfills the purposes and meets the requirements
			 of section 473  of the Social Services Law and
			 applicable department regulations. If the State commissioner certifies that an
			 annual plan for the provision of PSA submitted by a local department of social
			 services does not fulfill the purposes or does not meet the requirements of
			 section 473  of the Social Services Law and
			 applicable department regulations, the State commissioner shall inform the
			 district in writing of such determination and the reasons therefor and may
			 withhold State reimbursement for all or part of a local department's PSA
			 activities.
(f) A social services
			 district shall take immediate action in cooperation with the department to
			 correct any deficiencies in such district's annual plan for the provision of
			 PSA.
(g) Any social services
			 district aggrieved by a decision of the State commissioner concerning the
			 disapproval of the local department's annual plan for the provision of PSA or
			 the withholding of State reimbursement for PSA activities, shall be entitled to
			 a fair hearing in accordance with the applicable provisions of the Social
			 Services Law and department regulations. In the event of an adverse fair
			 hearing decision, a social services district shall be entitled to judicial
			 review pursuant to section 22  of the Social Services Law. The
			 withholding of reimbursement for expenditures incurred pursuant to disapproved
			 portions of a district's PSA plan shall remain effective pending final
			 resolution of such review.