NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7502
SPONSOR: Gottfried TITLE OF BILL:
An act to amend the social services law, in relation to the use of EQUAL
program funds for adult care facilities
PURPOSE OR GENERAL IDEA OF BILL:
to clarify that EQUAL funds may be spent for qualifying expenses
incurred at any time during the fiscal year of the applicable EQUAL
award.
SUMMARY OF SPECIFIC PROVISIONS:
Would amend subdivision 4 of section 461-s of the social services law,
to authorize the use of EQUAL funds for expenses incurred at any time
during the fiscal year for which the funds were appropriated, provided
Resident Council approval is obtained for the expenditure. This section
would also delete the existing prohibition on using EQUAL funding for
retrospective expenses
JUSTIFICATION:
EQUAL funding often occurs late in the fiscal year. In the interim
between award and the receipt of funding, operators often cannot wait
until the actual issuance of the EQUAL funds to purchase items or
execute improvements that are the subject of the award. In such situ-
ations, the operator, with the resident council approval -- should be
able to apply the EQUAL funds retrospectively, to reimburse the already
paid-for project.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7502
2015-2016 Regular Sessions
IN ASSEMBLY
May 13, 2015
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the social services law, in relation to the use of EQUAL
program funds for adult care facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 461-s of the social services law,
2 as added by section 6 of part A of chapter 57 of the laws of 2015, is
3 amended to read as follows:
4 4. EQUAL program funds shall not be expended for a facility's daily
5 operating expenses, including employee salaries or benefits[, or for
6 expenses incurred retrospectively]. EQUAL program funds may be used for
7 expenses incurred at any time during the fiscal year for which the funds
8 were appropriated, provided that, consistent with subdivision three of
9 this section, the residents' council approves such expenditure prior to
10 the expenditure being incurred. EQUAL program funds may be used for
11 expenditures related to corrective action as required by an inspection
12 report, provided such expenditure is consistent with subdivision three
13 of this section.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10919-01-5
