§ 7.37-a Transitional care.\n (a) For purposes of this section, "transitional care" shall mean care\nand maintenance of persons:\n 1. who were placed in foster care by a social services district\npursuant to article six of the social services law and who have become\ntwenty-one years of age, or who were placed in a residential educational\nplacement by a school district pursuant to article eighty-nine of the\neducation law and who are no longer eligible for free educational\nservices because they have completed the school year in which they\nbecame twenty-one;\n 2. who were disabled and in need of residential care prior to becoming\nage twenty-one or prior to becoming ineligible for free education\nservices and who have since remained continuously disabled and\ncontinuously in need of residential care;\n 3. who became twenty-one or became ineligible for free educational\nservices prior to July first, nineteen hundred ninety-six;\n 4. with respect to whom the office has approved a plan of continued\nout of home care for the person but has not yet identified a currently\navailable appropriate placement;\n 5. whose residential needs can be met by the facility in which the\npersons resided prior to becoming age twenty-one or becoming ineligible\nfor free educational services; and\n 6. who on July first, nineteen hundred ninety-eight are in receipt of\ntransitional care, or who have continuously remained in the foster care\nor residential education placement where they had received transitional\ncare.\n (b) The office shall expend funds to provide transitional care as\ndescribed in this section.\n (c) Expenditures pursuant to subdivision (b) of this section shall be\napproved only if and to the extent that:\n 1. the office has an agreement with the residential facility for\ncontinued care of qualified persons at rates which are no greater than\nthe rates that would have been available if such persons were under age\ntwenty-one;\n 2. the facility understands and agrees to the right of the office and\nsuch other state offices as the office may deem appropriate to visit and\ninspect the facilities and residents and to have access to any records\nor information necessary to assure that the care provided is safe and\nappropriate to the needs of any persons residing in the facility for\nwhom transitional care is being provided;\n 3. the payments are made subject to any other requirements identified\nby the office; and\n 4. an application for supplemental security income benefits has been\nsubmitted, and any supplemental security income benefits received by the\nperson, in excess of any reserved personal allowance amounts, shall be\napplied to reduce the cost of transitional care.\n (d) The office shall periodically forward to each facility that is\nproviding transitional care a statement of the obligations the facility\nassumes by accepting payment pursuant to this section. The statement of\nobligations shall be established by the office and provided to each\nfacility.\n (e) The office shall discontinue payment for transitional care, in\naccordance with procedures established by the office, for any\nindividual:\n 1. who has been offered an appropriate, available adult placement or\nadult services, when such an offer has been made and accepted, or has\nbeen made and upheld by an administrative hearing, or has been made and\nthe time to request an administrative appeal has expired;\n 2. whose continued placement in a child care facility or residential\nschool may adversely affect the health, safety or welfare of children\nresiding in the facility, based upon a determination by the education\ndepartment, or by the department of social services, and that the office\nwill, if necessary and appropriate, offer an adult placement to the\nindividual on an expedited basis; or\n 3. who is residing in a facility which has failed or refused to meet\nits obligations pursuant to this section as a condition of funding, and\nthat the of
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