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NEW YORK CODES, RULES AND REGULATIONS
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER II. ADMINISTRATIVE RULES AND REGULATIONS
SUBCHAPTER B. STATE AID AND FUNDING
PART 40. STATE AID FOR PUBLIC HEALTH SERVICES: COUNTIES AND CITIES
SUBPART 40-1. GENERAL
Date:
08/31/2009
Document:
ยง 40-1.53 Projects and services ineligible for State aid reimbursement
(a) Joint programs. If joint Federal-local or State-local programs have been approved in the plan, the portion financed from Federal or State funds will be excluded from consideration for reimbursement.
(b) Lead poisoning control. The cost of removal or covering lead paint or of relocating persons exposed to lead paint.
(c) Public hospitals and other facilities. The construction, establishment, maintenance and operation of public hospitals, clinics, laboratories, dispensaries or similar facilities except approved public health clinics specified in section 40-1.52(e) of this Subpart.
(d) Plumbing inspection. Plumbing inspection for the purpose of checking conformity with building code provisions.
(e) Ambulance service. The maintenance and operation of an ambulance service or the dispatching of ambulances except as specified in section 40-1.52(i) of this Subpart.
(f) 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.
(g) Treatment of water supplies. The cost of treatment of public water supplies, including fluoridation.
(h) 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.
(i) Boards of examiners. Compensation or expenses paid to boards of examiners (e.g., boards of examiners for plumbers and barbers).
(j) Insurance coverage of municipal employees. The cost of personal liability or malpractice insurance purchased by the municipality 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.
(k) 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.
(l) Depreciation and interest on funding. (1) 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.
(2) 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.
(m) Hospital care of communicable disease patients. The cost of inpatient hospital care of patients with communicable disease, except tuberculosis patients receiving care pursuant to Part 43 of this Title.
(n) Jail medical services. The cost of providing routine medical services to inmates of jails operated by or in the municipality.
(o) Real property. The cost of acquisition and/or development of real property.
(p) Activities carried out by any other agency, person, firm or corporation. The cost of activities for which any other agency, person, firm or corporation has been given legal responsibility.
(q) Other programs and activities. Other programs and activities which the commissioner reasonably determines to be inappropriate.
(r) Indirect costs and fringe benefits. Contributions by the municipality for indirect costs and fringe benefits, including but not limited to employee retirement funds, health insurance, workers' compensation, and Federal old age and survivor's insurance.
(s) Abatement of public health nuisances. Abatement, remediation, management in place or any action that removes the public health nuisance from a property or relocating persons exposed to public health nuisances.
(t) Optional laboratory services. The cost of laboratory services for entities other than the municipal health department or the cost of those laboratory services that are unrelated to eligible services described in this Part.
(u) Optional, other services. Any services performed by the municipality that are unrelated to the eligible services described in this Part, including but not limited to hospice program and transition from the Early Intervention Program to the 3-5 (Pre-school/special education) program.
(v) Home Health Services provided by a municipality that is not the sole certified home health agency authorized to provide home health services to residents of that municipality as described in Section 40-3.22(a) shall not be reimbursed under this Part. Certified home health agencies whose services are limited to a special needs population pursuant to 10 NYCRR 760.5(e)(l)(i) and (ii) shall not be considered providers of home health services in the municipality for the determination of a municipality's categorization as a sole provider under this Part.
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