§ 367-D — Personal care need determination

* § 367-d. Personal care need determination. The commissioner shall\nannually determine the statewide need for personal care services for all\nrecipients except for those receiving personal care services pursuant to\nsection three hundred sixty-seven-c of this article and for those\nrecipients who are receiving personal care services and residing in\nfamily care homes or community residences as defined in subdivision\ntwenty-eight-a of section 1.03 of the mental hygiene law certified by\nthe office of mental health and the office of mental retardation and\ndevelopmental disabilities. In determining such need the commissioner\nshall consider such factors as the population characteristics, poverty\nlevels, the availability of informal support and other health care\nresources, related demographic data, and such other factors the\ncommissioner deems pertinent for this purpose. The need for personal\ncare services, as used in this section, shall be expressed in hourly\nunits of service and the total number of personal care service units\nestablished pursuant to this section shall be allocated to each social\nservices district on the same basis as the statewide need is determined.\nSuch allocations shall be in effect for the period April first through\nMarch thirty-first of the following year and shall be made available to\neach social services district prior to April first of each year, except\nthat during calendar year nineteen hundred eighty-three, such\nallocations shall be made available within thirty days after enactment\nof this section but no earlier than April first. Within thirty days of\nreceipt of a written request to the department made by a local social\nservices commissioner the department shall provide all documentation\nused as the basis for determining aggregate statewide as well as their\nindividual district allocations determined pursuant to this section.\n * NB Expired March 31, 1985\n