§ 461-j. Family type homes for adults; special needs funds. 1. The
commissioner shall establish a procedure whereby payments shall be made
to duly certified operators of family type homes for adults for the
purpose of meeting one or more of certain special needs of persons
residing in such facilities and properly receiving or eligible to
receive supplemental security income, additional state payments or
safety net assistance benefits, as follows:

(a) Payments to be used for necessary clothing, recreation,
transportation and cultural activities of specified individual residents
shall not exceed two hundred ninety dollars per resident per year.

(b) Payments to be used for provision of substitute care to residents
during periods of emergency and scheduled absence of operators,
including periods of operator absence for the purposes of education and
training, shall not exceed five hundred dollars per facility per year.

(c) Payments to be used for health and safety equipment shall not
exceed seventy-five dollars per facility per year.

2. Social services districts shall establish a separate account for
special needs funds and shall administer payments to operators out of
said account, in accordance with regulations which shall be promulgated
by the department. The department shall pay district costs out of
available appropriations for such purposes, to the extent of one hundred
percent of the amount expended pursuant to subdivision one of this
section, in accordance with the provisions of section one hundred
fifty-three of this chapter. In addition, the department shall, in
accordance with the provisions of section one hundred fifty-three of
this chapter, reimburse one hundred percent of amounts expended by each
district for administration under this section only to the extent of ten
percent of the amount paid by such district pursuant to subdivision one
of this section, and shall thereafter reimburse fifty percent of any
additional amounts paid by such district for such administrative costs.
The department may make advances to districts which shall then advance
such funds to duly certified operators, to the extent provided for by
department regulations, in anticipation of costs incurred in meeting the
special needs as set forth in subdivision one of this section and
related administrative costs in accordance with the procedure
established by the commissioner. Nothing contained in this section shall
be construed to require expenditures by any district pursuant to
subdivision one of this section, in excess of the amounts made available
to the district by the department pursuant to this section.

3. Notwithstanding any other provision of law, state reimbursement to
districts may be made only from and to the extent of moneys appropriated
to the department for such purposes.

4. The department shall audit payments and maintenance of accounts in
accordance with department regulations. The commissioner shall
promulgate regulations to carry out the purposes of this section.