SubPart 82-2 - State Funding for Health Systems Agencies

Effective Date: 
Wednesday, November 7, 1990
Doc Status: 
Complete

Section 82-2.1 - Grants, general

Section 82-2.1 Grants, general. The Commissioner of Health, contingent upon appropriation by the legislature, shall annually make a grant to each health systems agency for health planning and development. A grant under this subpart shall be made on such conditions, including the submission of the agency's budget and annual programmatic and administrative plans, as the Commissioner of Health determines is necessary and appropriate, and shall be used by the health systems agency for compensation of health systems agency personnel, collection of data, planning, and the performance of the functions of the health systems agency.

A health systems agency may use grant funds to make payments under contracts with other entities to assist the health systems agency in the performance of its functions as defined in section 82-1.6 of subpart 82-1 of this part; but an agency may not use grant funds to make payments under a grant or contract with another entity for the development or delivery of health services or resources.
 

Effective Date: 
Wednesday, November 7, 1990
Doc Status: 
Complete

Section 82-2.2 - Computation of grants

82-2.2 Computation of grants. The amount of any grant made to a health systems agency pursuant to this subpart shall be determined by the Commissioner of Health, in accordance with appropriations made pursuant to law.

(a) Base support. The Commissioner of Health shall allocate at least $250,000, contingent upon appropriation level, as base support for each health systems agency and shall distribute any base support according to an equitable formula.

(b) Matching support. Matching support shall be provided based on the level of appropriation and shall be calculated based on a ratio of the appropriation and funds raised and received during the previous calendar year from other qualified sources including grants by local and county governments, interest income, and grants or contributions made by individuals or private entities excluding grants or contributions made by individuals, private entities, or health maintenance organizations having a financial, fiduciary, or other direct interest in the development, expansion, or support of health resources. The calendar year shall be applied to promote consistency and uniformity in measuring funds raised notwithstanding any overlap that may occur in the initial year in measuring funds raised on which state matching funds are calculated. For purposes of this paragraph, an individual or entity shall not be considered to have such an interest solely on the basis of (i) providing, directly or indirectly, health care for their employees, nor (ii) engaging in issuing any policy or contract of individual or group health insurance or hospital or medical service benefits. Further, for purposes of this paragraph, an association of health facilities or providers of health care shall not be considered to have such an interest. The funds raised and received from other qualified sources on which state matching funds are calculated and allocated shall be used solely for the purposes specified in section 82-1.6 of subpart 82-1 of this part.
 

Effective Date: 
Wednesday, November 7, 1990
Doc Status: 
Complete

Section 82-2.3 - Termination

82-2.3 Termination.

(a) A grant may be terminated by the Commissioner of Health before the expiration of the established funding period if (1) the health service area of the agency is revised during the funding period or (2) the Commissioner of Health determines that the health systems agency cannot effectively carry out the functions as defined in section 82-1.6 of subpart 82-1 of this part.

(b) Before the Commissioner of Health may terminate the funding of a health systems agency, the commissioner shall provide written notice of the reasons for termination and shall provide the health systems agency with an opportunity to meet with the Department of Health, present information and resolve the deficiencies.
 

Effective Date: 
Wednesday, November 7, 1990
Doc Status: 
Complete

Section 82-2.4 - Accounting

82-2.4 Accounting.

The health systems agency shall maintain full and complete books, records and accounts, consistent with generally accepted accounting principles, pertinent to the receipt and disposition of state grant funds and other funds. Such books, records and accounts shall be retained for a period of six years from the date of disbursement of such grant funds and other funds by the health systems agency and shall at all times be made available for audit, inspection and copying by the Commissioner of Health, the State Comptroller and the Attorney General, or by their duly authorized representatives.
 

Effective Date: 
Wednesday, November 7, 1990
Doc Status: 
Complete

Section 82-2.5 - Limitations on non-state sources of funding

82-2.5 Limitations on non-state sources of funding.

A health systems agency may enter into agreements and contracts with and receive grant funds, contributions or donations from such entities as: (i) local, county, and state governments; (ii) not-for-profit organizations exempt from taxation pursuant to section 501(c)(3) of Title 26 of the United States Code, private industry, insurers of health services, and other organizations, excluding, however, any such entities that are providers of health care operating facilities licensed or certified pursuant to the Public Health Law or Mental Hygiene Law except as may be authorized in accordance with section 82-1.6(e)(1) of subpart 82-1 of this part; and (iii) associations of health facilities or associations of providers of health care.
 

Effective Date: 
Wednesday, November 7, 1990
Doc Status: 
Complete