N.Y. Comp. Codes R. & Regs. tit. 18 § 457.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 457.8 - Annual plan for the provision of PSA

(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.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 457.8