N.Y. Comp. Codes R. & Regs. tit. 9, § 6655.9 – CSE and EISEP maintenance of effort.

(a) The office will only approve for CSE or EISEP reimbursement expenditures above the level or expenditures made by the area agency and other public or private service providers participating in the CSE plan during the county's or New York City's 1979 fiscal year or the fiscal year immediately preceding the first year the area agency participated in CSE.
(b) The office will only approve reimbursement for EISEP expenditures made by an area agency if the area agency maintains CSE spending at least as high as such area agency's spending during State fiscal year 1985-86 for:
1. (1) total CSE service projects expenditures; and
2. (2) CSE expenditures for similar nonmedical in-home, case management, and noninstitutional respite (provided that funds may be shifted among in-home, case management, and noninstitutional respite services).