§ 159-L — Decertification and reduction of entity shares

§ 159-l. Decertification and reduction of entity shares. 1. Any\neligible entity that received funding in the previous federal fiscal\nyear through a community services block grant made under this article\nshall not have its funding terminated under this article or reduced\nbelow the proportional share of funding the entity received in the\nimmediately preceding federal fiscal year, as determined pursuant to\nsection one hundred fifty-nine-i of this article, unless, after\nproviding notice and an opportunity for a hearing on the record, the\nstate determines that cause exists for such termination or such\nreduction, subject to review by the secretary of the United States\ndepartment of health and human services. For purposes of making a\ndetermination that cause exists for:\n (a) a funding reduction, the term "cause" shall include\n (1) a statewide redistribution of funds provided through a community\nservices block grant under this article to respond to\n (A) the results of the most recently available census or other\nappropriate data;\n (B) the designation of a new eligible entity; or\n (C) severe economic dislocation; and\n (2) the failure of an eligible entity to comply with the terms of an\nagreement or a state plan, or to meet a state requirement, as described\nin this section; or\n (b) a termination, the term "cause" includes the failure of an\neligible entity to comply with the terms of an agreement or a state\nplan, or to meet a state requirement, as described in this section.\n 2. If the state determines, on the basis of a final decision in a\nreview pursuant to this article, that an eligible entity fails to comply\nwith the terms of an agreement or the state plan to provide services\nunder this article or to meet appropriate standards, goals, and other\nrequirements established by the state (including performance\nobjectives), the state shall:\n (a) inform the entity of the deficiency to be corrected;\n (b) require the entity to correct the deficiency;\n (c) (1) offer training and technical assistance, if appropriate, to\nhelp correct the deficiency, and prepare and submit to the secretary of\nthe United States department of health and human services a report\nstating the reasons for the determination; or\n (2) if the state determines that such training and technical\nassistance are not appropriate, it shall prepare and submit to the\nsecretary of the United States department of health and human services a\nreport stating the reasons for the determination;\n (d) (1) at the discretion of the state (taking into account the\nseriousness of the deficiency and the time reasonably required to\ncorrect the deficiency), allow the entity to develop and implement and\nsubmit to the state, within sixty days after being informed of the\ndeficiency, a quality improvement plan to correct such deficiency within\na reasonable period of time, as determined by the state; and\n (2) not later than thirty days after receiving from an eligible entity\na proposed quality improvement plan pursuant to subparagraph one of this\nparagraph, either approve such proposed plan or specify the reasons why\nthe proposed plan cannot be approved; and\n (e) after providing adequate notice and an opportunity for a hearing,\ninitiate proceedings to terminate the designation of or reduce the\nfunding under this article of the eligible entity unless the entity\ncorrects the deficiency.\n 3. A determination to terminate the designation or reduce the funding\nof an eligible entity pursuant to subdivision two of this section is\nreviewable by the secretary of the United States department of health\nand human services, pursuant to the processes set forth in the federal\ncommunity services block grant act of 1981, as amended.\n