9 NYCRR Part 6659 - Executive Department

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Source versions current through Mar 31, 2022 - Apr 15, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 6659.1 - Purpose

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

It is the purpose of the recreation program for the elderly to provide State aid to participating municipalities for the provision of programs for health promotion and recreational activities for elderly persons in New York State in order to assist such persons to prevent physical or mental deterioration which may result in premature institutionalization or loss of independence and to delay the premature use of higher cost services. These activities are designed to:

(a)prevent isolation and associated functional losses by providing social activities and opportunities to find companionship;

(b)promote the physical and mental health of older persons by providing health promotion activities such as exercise, stress management and education on proper diet and healthy life styles;

(c)promote personal growth and wellness by providing intellectual, educational and cultural activities and creative arts expression; and

(d)promote usefulness by creating a feeling of adequacy and accomplishment through volunteer service activities that contribute to the larger community.

9 NYCRR 6659.2 - Definitions

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Apr 15, 2022

As used in this Chapter:

(a)Director shall mean the Director of the State Office for the Aging.

(b)Council shall mean the advisory council to the recreation program for the elderly established under section 542 of the Executive Law.

(c)Elderly person shall mean a person 60 years of age or older.

(d)Municipality shall mean a legally constituted county, city, town or village.

(e)Nonprofit agency shall mean a corporation organized pursuant to the Not-for-Profit Corporation Law.

(f)Program period shall mean the annual period covered by a municipality's application, and shall be the New York State fiscal year (April 1st through March 31st).

(g)Recreation program shall mean all programs or activities conducted pursuant to section 543 of the Executive Law.

(h)Resident shall mean an elderly person who inhabits or has a place of residence located within the municipality (or municipalities) sponsoring the local recreation program being operated under this Chapter.

9 NYCRR 6659.3 - Eligible municipalities

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

A municipality is eligible for State aid for a recreation program only if it was operating a recreation program on July 16, 1989.

9 NYCRR 6659.4 - Municipal program requirements

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)A recreation program shall be related to the health promotion and recreational needs of the elderly persons residing throughout the municipality. In developing a recreation program, a municipality shall consult the area agency on aging to ensure coordination with other community-based services for the elderly.

(b)A recreation program shall be directed by an individual who, by training and/or experience, is qualified to organize and operate the program.

(c)A recreation program shall be open to all resident elderly persons regardless of race, color, creed, sex, disability, national origin, political affiliation or other criteria that is not related to program operations. Activities shall be organized to serve the maximum number of elderly persons in the municipality. Spouses of elderly persons and nonresident elderly persons may participate at the discretion of the municipality, but not if their participation would exclude resident elderly persons.

(d)Resident elderly persons shall not be required to pay a fee in order to participate in a recreation program. Participants may be given an opportunity to make voluntary contributions (without coercion) to help defray program costs. No older person may be denied participation in a recreation program because of failure to contribute. Resident nonelderly participants and nonresident participants may be charged a fee.

(e)A municipality may directly operate its recreation program, may enter into arrangements to work together on joint recreation programs with one or more other municipalities, or may subcontract the program in whole or in part to one or more nonprofit agencies. Nothing contained herein shall relieve a municipality sponsoring or cosponsoring a recreation program from the responsibility to supervise program contractors to insure that the program is being carried out in accordance with all applicable program requirements.

(f)The council may recommend to the director additional requirements and procedures for recreation program operations.

9 NYCRR 6659.5 - Application procedure

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)The director shall approve any application which meets the requirements of this Part and all other requirements established by law.

(b)A municipality shall submit an original application, and three copies, to the State Office for the Aging prior to the start of the program period in the manner and form prescribed by the director, and shall send an informational copy to the area agency(s) on aging that serves the area of such municipality. At a minimum, such application shall include the following information:

(1)the name, address, county of location and type of municipality of the sponsoring body;

(2)the name, title and phone number of the municipal official authorized to sign claims and receive payments;

(3)the total budget, State aid requested and local share for the program proposed;

(4)a brief description of the program services proposed; and

(5)the signature of the chief municipal officer of the sponsoring municipality.

(c)In addition, for programs with a maximum State aid of $1000 or more, shall include a copy of each program contract. Municipalities which work together on joint recreation programs with one or more other municipalities shall each submit a separate application.

(d)Where two or more municipalities join together in an agreement pursuant to section 543(1)(d) of the Executive Law to establish, operate and maintain recreation programs for the elderly, each municipality shall submit a separate application consistent with subdivision (a) of this section.

(e)The director may subsequently withdraw approval of an application or may require changes with respect to a previously approved program upon a finding that a municipality has failed to comply with applicable laws or regulations, or is operating the program in a manner that is inconsistent with the approved application.

(f)The council may recommend to the director standards for the approval or disapproval of proposed programs.

9 NYCRR 6659.6 - Reimbursement formula

Source version current through Mar 31, 2022

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Within the limits of annual appropriations, a municipality shall receive State aid equal to half its approved expenditures, but not more than the amounts set forth in section 543 of the Executive Law according to the latest census data which shall be certified in the same manner as provided by section 54 of the State Finance Law.

9 NYCRR 6659.7 - Claims for State aid

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

(a)A municipality receiving $2,460 or less in State aid shall submit a claim for reimbursement at the end of its program period, or more frequently if desired.

(b)A municipality receiving more than $2,460 in State aid shall submit a claim for reimbursement at least semiannually.

(c)Each such claim for reimbursement shall be in a form prescribed by the director. At a minimum, such forms must be submitted in duplicate and shall include the following information:

(1)the name and address of the municipality or municipalities sponsoring the recreation program;

(2)the program period;

(3)the period of expenditure for which funds are being requested;

(4)the total amount of funds expended; and

(5)the original signature of the municipal official authorized to receive payment certifying that the municipality has expended recreation funds in accordance with the terms of the approved application and with the recreation program for the elderly law and regulations. In addition, applications for reimbursement for municipalities receiving $1,000 or more in State aid must include: a State aid voucher continuation sheet listing all expenditures eligible for reimbursement; two copies of the municipal voucher for all bus trips; and, two copies of the municipal voucher for all items of expense exceeding $200.

(d)Where two or more municipalities join together as provided in section 6659.5(c) of this Part, each municipality shall submit a separate application for reimbursement as provided under subdivisions (a), (b), (c) and (e) of this section, and which shall set forth such municipality's proportionate share of expenditures made.

(e)All reimbursement claims must be submitted to the State Office for the Aging not later than 60 days after the close of the program period.

(f)The director may authorize or direct the State Comptroller to withhold payment of State aid for a recreation program for the elderly to a municipality which alters or discontinues an approved recreation program or which fails to comply with these regulations.

9 NYCRR 6659.8 - Reimbursable items

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Reimbursable expenses for a recreation program may include but are not limited to the following examples:

(a)compensation for salary paid to one or more of employees for the purpose of administering the program;

(b)compensation for speakers or consultants;

(c)rental costs for program facilities;

(d)utilities and janitorial costs associated with program facilities;

(e)supplies needed for program operations;

(f)equipment needed for program operations;

(g)printing and copying costs;

(h)telephone costs;

(i)group bus trips which do not involve overnight lodging;

(j)advertising and public information costs to promote the program;

(k)refreshments which are incidental to program activities; and

(l)travel expenses by program leaders and which are related to program purposes.

9 NYCRR 6659.9 - Nonreimbursable items

Source version current through Mar 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Expenditures which are not related to the conduct of a recreation program are not reimbursable. In addition, the following are examples of items that are not reimbursable:

(a)participant meals (other than incidental refreshments);

(b)participant lodging;

(c)purchase or improvement of real property (unless improvements are necessary to make the program site accessible to people with disabilities and are approved of by the director in advance);

(d)insurance on capital structures;

(e)interest on indebtedness;

(f)taxes from which municipalities are exempt; and

(g)expenditures not in compliance with law.

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