§ 464-D — Program established

§ 464-d. Program established. 1. The commissioner is authorized to\nestablish within the department a rural human services networking\nprogram, for the purpose of assisting human services providers in rural\nareas who seek to participate in the program as hereinafter provided, to\ndevelop pilot projects to address intense social problems through the\ncreation of contracts or joint or cooperative agreements. Such pilot\nprojects shall capitalize on the strength of existing providers by\npromoting the sharing of resources and service delivery in rural areas,\nwith the goal of reducing total cost to both consumers and providers\nwhile increasing the availability and accessibility of human services in\nsuch areas. Pilot projects shall also serve to identify methods of\novercoming impediments to the joint provision of integrated and\ncost-effective human services in rural areas.\n 2. Within one hundred twenty days after the effective date of this\narticle, the commissioner, with the advice and guidance of the advisory\ncommittee, shall establish and give public notice of the existence of\nthe rural human services networking program, and the availability of\ncompetitive grants to human services providers interested in undertaking\npilot projects pursuant to the provisions of this article. At that time\nthe commissioner shall also distribute information on such program, and\napplication forms and procedures to eligible human services providers.\n 3. In order to implement the rural human services networking program\nthe commissioner shall, within the amounts appropriated therefor,\nprovide grants to eligible applicants on a competitive basis. No grant\nfor a pilot project shall be awarded by the commissioner unless the\napplication for such grant has been reviewed by state agencies which\nlicense or certify the applicant agencies and any comments on such\nproposals are considered by the commissioner. To be eligible for a grant\nunder this article, each application shall be submitted pursuant to a\ncontract or joint or cooperative agreement on behalf of two or more\nlocal or regional human services providers intending to implement a\npilot project in a rural area. Applications shall be submitted to the\ncommissioner on such forms and at such times as the commissioner shall\nprescribe, and completed applications shall be approved or disapproved\nwithin ninety days of submission. In the event the commissioner\ndetermines that a grant application is incomplete, or where waivers of\nany regulations are requested by an applicant, the commissioner shall\nhave an additional ninety days to act upon such application.\n 4. In determining whether an application shall be approved and funds\nawarded pursuant to this article, the commissioner shall give priority\nconsideration to applications received from human services providers\nintending to implement a pilot project in the most sparsely populated\nrural areas, as shall be previously determined by the commissioner, in\nconjunction with the advisory committee. In addition, the commissioner\nshall consider, but such consideration shall not be limited to, the\nfollowing:\n a. The specific objectives and description of the proposed pilot\nproject, including demonstrated awareness of the level of human services\ncurrently being provided within the service area;\n b. The degree to which the proposed pilot project would meet local or\nregional human services needs;\n c. The demonstrated ability of the applicants to undertake the pilot\nproject;\n d. The contribution the project would make toward the identification\nand development of innovative delivery systems;\n e. The degree to which the proposal would enhance the delivery or\nimprove the availability and accessibility of services with respect to\nthe full continuum of human services needs;\n f. The degree to which continuity of care would be fostered and\nimproved;\n g. The degree to which the proposal would enhance cost efficiency and\naccess to human services by populations in need of such services;\n h. The degree to which information sharing, communication, and\ncooperation between providers and consumers would be fostered;\n i. The degree to which economies of scale in both the supply and\ndemand of services would be addressed;\n j. The demonstrated level of commitment and support for the project\nexpressed by the community, local government body or bodies, and other\nlocal or regional human services providers;\n k. The impact the proposed pilot project will have on state agencies\nproviding services or funds for human services programs in the area, as\ndetermined by the commissioner after consulting with such agencies;\n l. The consistency of the proposed pilot project with the provisions\nof article forty-one of the mental hygiene law; and\n m. Any potential loss of funds or state or federal aid to which\nproviders may now be entitled, including but not limited to medicaid\nfunds, and the actions to be taken by the applicant and by the\ncommissioner to ensure the continuation of the same amount of funds or\naid.\n 5. The commissioner or his or her duly authorized representative may\nmeet with representatives of the applicants for the informal discussion\nof preliminary and informal plans for a proposed project and may provide\nsuch technical assistance as may be requested to implement an approved\nproject.\n 6. Pilot projects shall be approved for a time period not to exceed\nthree years. Within the amounts appropriated therefor, the commissioner\nshall approve pilot project grant awards of not less than ten thousand\ndollars nor more than fifty thousand dollars per pilot project in any\none calendar year. Such grants may be renewed annually for up to three\nconsecutive years, subject to the availability of funds. Funds awarded\nto each recipient in the second and third years may be the same amount\nas the grant received in the first year, or may be a lesser amount, with\nthe amounts of such awards determined in accordance with the nature of\nthe approved pilot project, the number of delivery and consumer\nagencies, and the number of clients to be served. If the commissioner\ndetermines that a grant is being used for purposes other than those\nwhich are in conformity with this article, the commissioner may withdraw\napproval of the project and require repayment of all or part of such\ngrant to the state. The commissioner shall cause reports to be prepared\nand submitted for each project by the grantees at such times and in such\nmanner as are consistent with the purposes of this article.\n 7. For the purpose of promoting innovative approaches and maximum\neffectiveness in the utilization of state and local monies, and\nnotwithstanding any other provisions of law, the commissioner may waive\nany departmental regulations that may impede the successful\nimplementation and testing of a pilot project, provided that there is a\nfinding by the commissioner that the general welfare of the people\nreceiving human services will not be impaired. In addition, the\ncommissioner shall consult with federal, state, and local officials with\nrespect to securing their cooperation in coordinating related programs\nand in seeking necessary regulatory waivers, in order to assure the\neffective operation of any pilot project. Notwithstanding any other\nprovisions of law, at the request of the commissioner, on behalf of an\napplicant, the commissioner or director of any other state agency or\ndepartment shall be authorized to waive any applicable regulations of\nsuch agency or department that may impede the successful implementation\nof a pilot project, provided there is a finding that the general welfare\nof the people receiving human services will not be impaired.\n 8. Upon the request of an applicant, the commissioner or his or her\nduly authorized representative may render to such applicant such\ntechnical services and assistance as the department may possess or as\nmay be available to it in order to enable the applicant to carry out the\nproject and terms of such contract.\n