New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.25 - 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 families located within that social services district fails to
		    comply with the requirements of 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 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 900.22(f)  of this Part, or an acceptable plan for
			 correction is not submitted pursuant to section 900.22(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
			 900.22(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.