GENERAL PROVISIONS

Section 40-2.0 - Scope of Subpart 40-2

GENERAL PROVISIONS
Section 40-2.0 Scope of Subpart 40-2. In accordance with applicable provisions of article 6 of the Public Health Law, this Subpart establishes standards of performance and minimum requirements for core public health services relating to Family Health, Communicable Disease Control, Chronic Disease Prevention, Community Health Assessment, Environmental Health, and Emergency Preparedness and Response.

Effective Date: 
Wednesday, December 31, 2014
Doc Status: 
Complete

Section 40-2.1 - General provisions concerning State Aid eligibility

Section 40-2.1 General provisions concerning State Aid eligibility

(a) Core public health services are eligible for State Aid reimbursement only if such services are included in an approved State Aid application and only if performed in accordance with this Subpart.

(b) Local health departments may contract for core public health services provided, however, that:

(1) to remain eligible for State Aid, any contract for core public health services must require that:

(i) core public health services shall be performed under the general supervision and control of the local health department commissioner or public health director;

(ii) if a contract relates to a core public health service for which a fee must be collected pursuant to section 40-1.51 of this Part, the contractor shall make every reasonable effort to collect such fee and, for clinic health services, the contractor shall make every reasonable effort to collect third-party reimbursement and any relevant co-payments; and

(iii) the contractor shall report to the local health department all fees, co-payments, and third-party reimbursement collected;

(2) pursuant to section 616 of the Public Health Law, the local health department shall not claim as State Aid eligible expenses any portion of the contract cost relating to indirect costs or fringe benefits, including but not limited to retirement funds, health insurance and federal old age and survivors insurance; and

(3) when the local health department provides clinic services pursuant to section 40-2.2 of this Part through a contract with another provider, the Commissioner has discretion to review and approve or disapprove the contract. When exercising such discretion, the Commissioner shall examine factors including, but not limited to, the quality of the proposed contractor’s services, the ability the local health department to oversee the contracted services, and the contractor’s efficiency in delivering services.

(c) The following costs related to the facility space used by the local health department are eligible for State Aid:

(1) Rent paid to a person, a private entity, or a public entity other than the municipality that operates the local health department.

(2) For space owned by the municipality that operates the local health department, the cost of maintenance of space in lieu of rent (MILOR).

Effective Date: 
Wednesday, March 16, 2016
Doc Status: 
Complete

Section 40-2.2 - State Aid eligibility; clinic services

Section 40-2.2 State Aid eligibility; clinic services

The cost of public health clinic services is allowable for only the following:

(a) clinic health services identified in subdivision (b) of section 40-1.51 of this Part, including clinics for sexually transmitted diseases, consistent with Public Health Law § 2304; HIV counseling, testing, diagnosis and prevention; family planning; immunization; primary care for children less than 21 years of age, provided that such services are only eligible for State Aid to the extent that the local health department makes good faith efforts to assist such persons with Medicaid or insurance enrollment, as applicable, and only until such time as insurance coverage becomes effective; and prenatal and postpartum care, provided that such services are only eligible for State Aid to the extent that the local health department makes good faith efforts to assist such women with Medicaid or insurance enrollment, as applicable, and only until such time as insurance coverage becomes effective;

(b) tuberculosis control;

(c) rabies control;

(d) dispensing countermeasures in the event of an actual or threatened public health emergency;

(e) other services consistent with section 602 of the Public Health Law and approved by the commissioner for State Aid reimbursement.

Effective Date: 
Wednesday, December 31, 2014
Doc Status: 
Complete

Section 40-2.3 - Projects and services ineligible for State Aid

Section 40-2.3 Projects and services ineligible for State Aid

Activities, services, and costs that are ineligible for State Aid include, but are not limited to, the following:

(a) activities and services involving other agencies:

(1) Joint activities. If joint State-local or Federal-local activities have been approved in the State Aid Application, the portion financed from State funds, other than State Aid under this section, and Federal funds will be excluded from consideration for reimbursement.

(2) Activities carried out by any other agency. The cost of activities for which any other government agency has been given legal responsibility.

(b) health care programs and services:

(1) Primary care and medical treatment, except as specified in this Subpart.

(2) Hospitals and other health facilities. The construction, establishment, maintenance and operation of hospitals, clinics, laboratories, dispensaries or similar facilities, except for the costs of providing eligible public health services in public health clinics as specified in section 40-2.2 of this Part.

(3) The cost of inpatient hospital care of patients with communicable disease, except tuberculosis and syphilis patients.

(4) Home health services provided by a local health department, except for public health home visiting as described in this Subpart.

(5) Laboratory services unrelated to eligible services. The cost of laboratory services related to public health services that are ineligible for State Aid are also ineligible for State Aid.

(6) Emergency Medical Service or Ambulance service. The maintenance and operation of Emergency Medical Service and ambulance service or the dispatching of ambulances.

(7) Medical examiner programs, services or activities.

(8) Jail medical services. The cost of providing routine medical treatment to inmates of jails operated by the local health department or in the municipality, including routine admission screenings and primary care to inmates older than 21 years of age.

(9) Any and all health care services for the screening or treatment of chronic diseases.

(c) environmental health programs and services:

(1) The cost of abatement, remediation, management in place or any action that removes a public health nuisance from a property, or the cost of relocating persons exposed to public health nuisances, consistent with section 40-2.55 of this Part.

(2) The cost of removal or covering lead paint or of relocating persons exposed to lead paint, consistent with section 40-2.58 of this Part.

(d) infrastructure and administration costs:

(1) Treatment plants and other facilities. The construction, maintenance and operation of water or waste water treatment plants, swimming pools and bathing beaches, and public bathhouses.
(2) Treatment of water supplies. The cost of treatment of public water supplies, including costs of chemicals for fluoridation.
(3) Garbage and refuse disposal facilities. The cost of construction, maintenance and operation of facilities for garbage and refuse collection, incineration or disposal and air cleaning facilities.

(4) Plumbing inspection. Plumbing inspection for the purpose of checking conformity with building code provisions.

(5) Boards of examiners. Compensation or expenses paid to boards of examiners (e.g., boards of examiners for plumbers and barbers).

(6) Insurance coverage of local health department employees. The cost of personal liability or malpractice insurance purchased by the local health department or the cost of funded self-insurance for such liability when such expense is related to protection against personal liability or malpractice of its employees.

(7) Real property. The cost of acquisition or development of real property.

(8) Depreciation and interest on funding, including:

(i) The cost of depreciation of the space utilized by a health agency in a building owned by the same municipality that operates the health agency.

(ii) The cost of interest on the funding of buildings utilized by a health agency and owned by the same municipality that operates the health agency.

(9) Rent paid to city or county. All rent for space utilized for health agency purposes, if such rent is payable to the same municipality that operates the health agency.
(10) Indirect costs and fringe benefits. Contributions by the local health department for indirect costs and fringe benefits, including but not limited to contractor fringe and indirect costs, employee retirement funds, health insurance, workers' compensation, and Federal old age and survivor's insurance.

(e) other programs and services that the commissioner reasonably determines are not eligible under this Part.

Effective Date: 
Wednesday, December 31, 2014
Doc Status: 
Complete