N.Y. MHY Law § 41.03 — New York Code / Act MHY / Title E / Article 41 / Section 41.03
Definitions
Status: in_force

§ 41.03 Definitions.\n  When used in this article:\n  1. "local government" means a county, except a county within the city\nof New York, and the city of New York.\n  2. "charter government" means a local government which has its charter\nunder article IX of the constitution and the municipal home rule law;\nand includes the city of New York.\n  3. "local services" includes services for individuals with mental\nillness or developmental disabilities whose conditions, including but\nnot limited to cerebral palsy and epilepsy, are associated with mental\ndisabilities, and those suffering from alcoholism, alcohol abuse,\nsubstance abuse or substance dependence, which are provided by a local\ngovernment or by a voluntary agency pursuant to a contract with a local\ngovernmental unit or the office of mental health.\n  4. "local facility" means a facility offering local services and\nincludes a community mental health and developmental disabilities\nfacility as defined in section three of the facilities development\ncorporation act and, for the purposes of this article, a mental hygiene\nfacility, as defined in said section, to be made available for use in\nproviding local services under lease, sublease, license or permit from\nthe facilities development corporation to one or more local governmental\nunits or to a voluntary agency at the request of a commissioner of an\noffice in the department.\n  5. "local governmental unit" means the unit of local government given\nauthority in accordance with this chapter by local government to provide\nlocal services.\n  6. "board" means a community services board for services to\nindividuals with mental illness and developmental disabilities, those\nsuffering from alcoholism, alcohol abuse, substance abuse or substance\ndependence.\n  7. "director" means the director of community services, who is the\nchief executive officer of a local governmental unit, by whatever title\nknown.\n  8. "capital costs" means the costs of a local government, a voluntary\nagency, or the facilities development corporation with respect to the\nacquisition of real property estates, interests, and cooperative\ninterests in realty, their design, construction, reconstruction,\nrehabilitation and improvement, original furnishings and equipment, site\ndevelopment, and appurtenances of a local facility. Capital costs do not\ninclude any of the foregoing costs paid under provisions of law other\nthan this chapter.\n  9. (a) "operating costs" means expenditures, excluding capital costs,\nincurred in the operation and maintenance of the community mental\nhealth, developmental disabilities, and alcoholism services board and of\nlocal facilities in accordance with this article and the regulations of\nthe commissioner, by a local government or by a voluntary agency\npursuant to a contract with a local governmental unit.\n  (b) Subject to the regulations of the commissioner, operating costs\nshall include that part of rental costs paid to those community mental\nhealth, developmental disabilities, alcoholism, or substance abuse\nservices companies, which represents interest accrued after January\nfirst, nineteen hundred eighty-one and is paid on obligations incurred\nby such companies, organized pursuant to article seventy-five of this\nchapter and which participated in mortgage financing in accordance with\nchapter one thousand thirty-four of the laws of nineteen hundred\nsixty-nine, (ii) rentals paid to the facilities development corporation,\n(iii) salaries of or per diem compensation to board members, (iv) costs\nfor which state aid or reimbursement is claimed under provisions of law\nother than this article.\n  (c) Operating costs may include interest incurred on any obligation\nwhich is necessarily related to the efficient and economic delivery of\napproved services to persons with alcoholism, substance abuse addiction,\nmental illness or developmental disabilities, subject to the\ncommissioner's certification of the reasonableness of the interest\nexpense. Interest as authorized by this subdivision shall only include\nreasonable and competitive rates of interest incurred in accordance with\nregulations promulgated by the commissioner.\n  (d) Subject to the regulations of the commissioner, operating costs\nshall include rent incurred, or depreciation and interest expenditures\nincurred, in connection with the design, construction, acquisition,\nreconstruction, rehabilitation or improvement of a local facility;\nprovided that where the rent, financing or refinancing of the design,\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nof a local facility is through the facilities development corporation,\noperating costs shall include the debt service to be paid to amortize\nobligations, including principal and interest, issued by the New York\nstate medical care facilities finance agency to finance or refinance the\ncapital costs of such facilities.\n  10. "net operating costs" means operating costs from which have been\ndeducted the following:\n  (a) revenues for operating costs received from other state agencies or\nanother local government pursuant to an agreement to purchase local\nservices.\n  (b) other income realized in the operation of a specified program,\nexcept for income realized by a voluntary not-for-profit agency from\nindustrial contracts entered into pursuant to its operation of a\nsheltered workshop from which have been deducted the expenses of such\nworkshop incurred in producing such income and which are claimed for\nstate aid.\n  (c) federal aid received for operating costs.\n  (d) fees received from patients or on their behalf from private and\npublic health insurance and medical aid programs.\n  11. "voluntary agency" means a corporation organized or existing\npursuant to the not-for-profit corporation law for the purpose of\nproviding local services.\n  12. "local services plan" means the plan of local services which is\nsubmitted by a local governmental unit and approved by the commissioner\npursuant to section 41.18 of this article.\n  13. "community support services" means clinical, social,\nrehabilitative and other mental health services, programs and related\nadministrative activities designed to enhance the community living\nskills and prevent the unnecessary hospitalization of the seriously\nimpaired, chronically mentally ill population, who are eligible to\nreceive services pursuant to section 41.47 of this article.\n