2006 New York Code - Program Established.

 
    §  464-d.  Program  established.  1. The commissioner is authorized to
  establish within  the  department  a  rural  human  services  networking
  program,  for the purpose of assisting human services providers in rural
  areas who seek to participate in the program as hereinafter provided, to
  develop pilot projects to address intense social  problems  through  the
  creation  of  contracts  or joint or cooperative agreements.  Such pilot
  projects shall capitalize on  the  strength  of  existing  providers  by
  promoting  the sharing of resources and service delivery in rural areas,
  with the goal of reducing total cost to  both  consumers  and  providers
  while increasing the availability and accessibility of human services in
  such  areas.  Pilot  projects  shall  also  serve to identify methods of
  overcoming  impediments  to  the  joint  provision  of  integrated   and
  cost-effective human services in rural areas.
    2.  Within  one  hundred  twenty days after the effective date of this
  article, the commissioner, with the advice and guidance of the  advisory
  committee,  shall  establish  and give public notice of the existence of
  the rural human services networking program,  and  the  availability  of
  competitive grants to human services providers interested in undertaking
  pilot  projects pursuant to the provisions of this article. At that time
  the commissioner shall also distribute information on such program,  and
  application forms and procedures to eligible human services providers.
    3.  In  order to implement the rural human services networking program
  the  commissioner  shall,  within  the  amounts  appropriated  therefor,
  provide  grants  to eligible applicants on a competitive basis. No grant
  for a pilot project shall be awarded  by  the  commissioner  unless  the
  application  for  such  grant  has been reviewed by state agencies which
  license or certify the applicant  agencies  and  any  comments  on  such
  proposals are considered by the commissioner. To be eligible for a grant
  under  this  article,  each application shall be submitted pursuant to a
  contract or joint or cooperative agreement on  behalf  of  two  or  more
  local  or  regional  human  services  providers intending to implement a
  pilot project in a rural area. Applications shall be  submitted  to  the
  commissioner  on  such forms and at such times as the commissioner shall
  prescribe, and completed applications shall be approved  or  disapproved
  within  ninety  days  of  submission.  In  the  event  the  commissioner
  determines that a grant application is incomplete, or where  waivers  of
  any  regulations  are  requested by an applicant, the commissioner shall
  have an additional ninety days to act upon such application.
    4. In determining whether an application shall be approved  and  funds
  awarded  pursuant  to this article, the commissioner shall give priority
  consideration to applications received  from  human  services  providers
  intending  to  implement  a pilot project in the most sparsely populated
  rural areas, as shall be previously determined by the  commissioner,  in
  conjunction  with  the advisory committee. In addition, the commissioner
  shall consider, but such consideration shall  not  be  limited  to,  the
  following:
    a.  The  specific  objectives  and  description  of the proposed pilot
  project, including demonstrated awareness of the level of human services
  currently being provided within the service area;
    b. The degree to which the proposed pilot project would meet local  or
  regional human services needs;
    c.  The  demonstrated ability of the applicants to undertake the pilot
  project;
    d. The contribution the project would make toward  the  identification
  and development of innovative delivery systems;
    e.  The  degree  to  which  the proposal would enhance the delivery or
  improve the availability and accessibility of services with  respect  to
  the full continuum of human services needs;
    f.  The  degree  to  which  continuity  of  care would be fostered and
  improved;
    g.  The degree to which the proposal would enhance cost efficiency and
  access to human services by populations in need of such services;
    h.  The  degree  to  which  information  sharing,  communication,  and
  cooperation between providers and consumers would be fostered;
    i.  The  degree  to  which  economies  of scale in both the supply and
  demand of services would be addressed;
    j. The demonstrated level of commitment and support  for  the  project
  expressed  by  the community, local government body or bodies, and other
  local or regional human services providers;
    k. The impact the proposed pilot project will have on  state  agencies
  providing  services or funds for human services programs in the area, as
  determined by the commissioner after consulting with such agencies;
    l. The consistency of the proposed pilot project with  the  provisions
  of article forty-one of the mental hygiene law; and
    m.  Any  potential  loss  of  funds  or  state or federal aid to which
  providers may now be entitled, including but  not  limited  to  medicaid
  funds,  and  the  actions  to  be  taken  by  the  applicant  and by the
  commissioner to ensure the continuation of the same amount of  funds  or
  aid.
    5.  The  commissioner or his or her duly authorized representative may
  meet with representatives of the applicants for the informal  discussion
  of preliminary and informal plans for a proposed project and may provide
  such  technical  assistance as may be requested to implement an approved
  project.
    6. Pilot projects shall be approved for a time period  not  to  exceed
  three  years. Within the amounts appropriated therefor, the commissioner
  shall approve pilot project grant awards of not less than  ten  thousand
  dollars  nor  more  than fifty thousand dollars per pilot project in any
  one calendar year. Such grants may be renewed annually for up  to  three
  consecutive  years,  subject to the availability of funds. Funds awarded
  to each recipient in the second and third years may be the  same  amount
  as the grant received in the first year, or may be a lesser amount, with
  the  amounts  of such awards determined in accordance with the nature of
  the  approved  pilot  project,  the  number  of  delivery  and  consumer
  agencies,  and  the  number of clients to be served. If the commissioner
  determines that a grant is being used  for  purposes  other  than  those
  which are in conformity with this article, the commissioner may withdraw
  approval  of  the  project  and require repayment of all or part of such
  grant to the state. The commissioner shall cause reports to be  prepared
  and submitted for each project by the grantees at such times and in such
  manner as are consistent with the purposes of this article.
    7.  For  the  purpose  of  promoting innovative approaches and maximum
  effectiveness  in  the  utilization  of  state  and  local  monies,  and
  notwithstanding  any other provisions of law, the commissioner may waive
  any  departmental   regulations   that   may   impede   the   successful
  implementation  and testing of a pilot project, provided that there is a
  finding by the commissioner that  the  general  welfare  of  the  people
  receiving  human  services  will  not  be  impaired.  In  addition,  the
  commissioner shall consult with federal, state, and local officials with
  respect to securing their cooperation in coordinating  related  programs
  and  in  seeking  necessary  regulatory  waivers, in order to assure the
  effective operation of any pilot project.    Notwithstanding  any  other
  provisions  of  law, at the request of the commissioner, on behalf of an
  applicant, the commissioner or director of any  other  state  agency  or
  department  shall  be  authorized to waive any applicable regulations of
  such agency or department that may impede the successful  implementation
  of a pilot project, provided there is a finding that the general welfare
  of the people receiving human services will not be impaired.
    8.  Upon  the  request of an applicant, the commissioner or his or her
  duly  authorized  representative  may  render  to  such  applicant  such
  technical  services  and  assistance as the department may possess or as
  may be available to it in order to enable the applicant to carry out the
  project and terms of such contract.