Section 461-J. Family type homes for adults; special needs funds

1. The
  commissioner shall establish a procedure whereby payments shall be  made
  to  duly  certified  operators  of  family type homes for adults for the
  purpose of meeting one or more  of  certain  special  needs  of  persons
  residing  in  such  facilities  and  properly  receiving  or eligible to
  receive supplemental  security  income,  additional  state  payments  or
  safety net assistance benefits, as follows:
    (a)   Payments   to   be  used  for  necessary  clothing,  recreation,
  transportation and cultural activities of specified individual residents
  shall not exceed two hundred ninety dollars per resident per year.
    (b) Payments to be used for provision of substitute care to  residents
  during   periods  of  emergency  and  scheduled  absence  of  operators,
  including periods of operator absence for the purposes of education  and
  training, shall not exceed five hundred dollars per facility per year.
    (c)  Payments  to  be  used for health and safety equipment  shall not
  exceed seventy-five dollars per facility per year.
    2. Social services districts shall establish a  separate  account  for
  special  needs  funds  and shall administer payments to operators out of
  said account, in accordance with regulations which shall be  promulgated
  by  the  department.  The  department  shall  pay  district costs out of
  available appropriations for such purposes, to the extent of one hundred
  percent of the amount expended  pursuant  to  subdivision  one  of  this
  section,  in  accordance  with  the  provisions  of  section one hundred
  fifty-three of this chapter.  In  addition,  the  department  shall,  in
  accordance  with  the  provisions  of section one hundred fifty-three of
  this chapter, reimburse one hundred percent of amounts expended by  each
  district for administration under this section only to the extent of ten
  percent  of the amount paid by such district pursuant to subdivision one
  of this section, and shall thereafter reimburse  fifty  percent  of  any
  additional  amounts paid by such district for such administrative costs.
  The department may make advances to districts which shall  then  advance
  such  funds  to  duly certified operators, to the extent provided for by
  department regulations, in anticipation of costs incurred in meeting the
  special needs as set forth  in  subdivision  one  of  this  section  and
  related   administrative   costs   in   accordance  with  the  procedure
  established by the commissioner. Nothing contained in this section shall
  be construed  to  require  expenditures  by  any  district  pursuant  to
  subdivision one of this section, in excess of the amounts made available
  to the district by the department pursuant to this section.
    3.  Notwithstanding any other provision of law, state reimbursement to
  districts may be made only from and to the extent of moneys appropriated
  to the department for such purposes.
    4. The department shall audit payments and maintenance of accounts  in
  accordance   with   department   regulations.   The  commissioner  shall
  promulgate regulations to carry out the purposes of this section.