Section 367-D. Personal care need determination

The commissioner shall
  annually determine the statewide need for personal care services for all
  recipients except for those receiving personal care services pursuant to
  section three hundred  sixty-seven-c  of  this  article  and  for  those
  recipients  who  are  receiving  personal  care services and residing in
  family care homes or community  residences  as  defined  in  subdivision
  twenty-eight-a  of  section  1.03 of the mental hygiene law certified by
  the office of mental health and the office  of  mental  retardation  and
  developmental  disabilities.  In  determining such need the commissioner
  shall consider such factors as the population  characteristics,  poverty
  levels,  the  availability  of  informal  support  and other health care
  resources,  related  demographic  data,  and  such  other  factors   the
  commissioner  deems  pertinent  for  this purpose. The need for personal
  care services, as used in this section, shall  be  expressed  in  hourly
  units  of  service  and  the total number of personal care service units
  established pursuant to this section shall be allocated to  each  social
  services district on the same basis as the statewide need is determined.
  Such  allocations  shall be in effect for the period April first through
  March thirty-first of the following year and shall be made available  to
  each  social services district prior to April first of each year, except
  that  during  calendar  year   nineteen   hundred   eighty-three,   such
  allocations  shall  be made available within thirty days after enactment
  of this section but no earlier than April first. Within thirty  days  of
  receipt  of  a  written request to the department made by a local social
  services commissioner the department  shall  provide  all  documentation
  used  as  the basis for determining aggregate statewide as well as their
  individual district allocations determined pursuant to this section.
    * NB Expired March 31, 1985