12/23/15 N.Y. St. Reg. HLT-51-15-00001-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 40-2.1 of Title 18 NYCRR.
Statutory authority:
Public Health Law, section 619
Subject:
General Provisions Concerning State Aid Eligibility.
Purpose:
To clarify that rent and maintenance of space in lieu of rent (MILOR) remain eligible for State Aid.
Text of proposed rule:
Section 40-2.1 is amended by adding a new subdivision (c), as follows:
(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).
Text of proposed rule and any required statements and analyses may be obtained from:
Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-7488, email:
regsqna@health.ny.govData, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Consensus Rule Making Determination
The Commissioner of Health is authorized by Section 619 of the Public Health Law (PHL) to promulgate rules and regulations to effectuate the provisions and purposes of the State Aid program.
The proposed amendment to Subpart 40-2 will clarify that rent and maintenance of space in lieu of rent (MILOR) remain eligible for State Aid.
The former 10 NYCRR 40-1.52 (g) and (h) explicitly provided that rent and MILOR were eligible for State Aid. However, the substance of these former provisions was inadvertently omitted when the Department repealed Subpart 40-2 and issued completely revised State Aid regulations, effective December 31, 2014. It was the Department’s intent that rent and MILOR remain eligible for State Aid under the revised regulations.
Several local health departments have requested reinstatement of the former provisions. Accordingly, the Department does not anticipate any objection to this clarifying amendment.
Job Impact Statement
No job impact statement is required pursuant to section 201-a(2)(a) of the State Administrative Procedures Act. It is apparent, from the nature of the proposed amendment, that it will not have a substantial adverse impact on jobs and employment opportunities.
