* § 367-d. Personal care need determination. The commissioner shall
annually determine the statewide need for personal care services for all
recipients except for those receiving personal care services pursuant to
section three hundred sixty-seven-c of this article and for those
recipients who are receiving personal care services and residing in
family care homes or community residences as defined in subdivision
twenty-eight-a of section 1.03 of the mental hygiene law certified by
the office of mental health and the office of mental retardation and
developmental disabilities. In determining such need the commissioner
shall consider such factors as the population characteristics, poverty
levels, the availability of informal support and other health care
resources, related demographic data, and such other factors the
commissioner deems pertinent for this purpose. The need for personal
care services, as used in this section, shall be expressed in hourly
units of service and the total number of personal care service units
established pursuant to this section shall be allocated to each social
services district on the same basis as the statewide need is determined.
Such allocations shall be in effect for the period April first through
March thirty-first of the following year and shall be made available to
each social services district prior to April first of each year, except
that during calendar year nineteen hundred eighty-three, such
allocations shall be made available within thirty days after enactment
of this section but no earlier than April first. Within thirty days of
receipt of a written request to the department made by a local social
services commissioner the department shall provide all documentation
used as the basis for determining aggregate statewide as well as their
individual district allocations determined pursuant to this section.

* NB Expired March 31, 1985