N.Y. MHY Law § 41.16 — New York Code / Act MHY / Title E / Article 41 / Section 41.16
Local planning; state and local responsibilities
Status: in_force

§ 41.16 Local planning; state and local responsibilities.\n  (a) Each of the offices of the department shall guide and facilitate\nthe process of local planning so that plans for the provision of all\nservices, including state and local services, can be formulated on the\nbasis of approved local plans and federal guidelines related to services\nfor the mentally disabled to reflect the distribution of needs and\nresources of areas of the state. All providers of services, including\nfacilities of the offices of the department, directors of hospital based\nmental health services, directors of community mental health centers,\nand voluntary agencies shall participate in and provide information,\nincluding budget data, for local planning processes.\n  (b) In accordance with regulations established by the commissioner or\ncommissioners of the offices of the department having jurisdiction of\nthe services, which shall provide for prompt action on proposed local\nservices plans, each local governmental unit shall:\n  1. establish long range goals and objectives consistent with statewide\ngoals and objectives developed pursuant to section 5.07 of this chapter\nand develop or annually update the local services plan of the local\ngovernmental unit or units listing providers, estimated costs and\nproposed utilization of state resources, including facilities and\nmanpower, which shall be used in part to formulate statewide\ncomprehensive plans for services.\n  2. submit one local services plan to the single agent of the\ndepartment jointly designated by the commissioners of the offices of the\ndepartment annually for approval by the commissioner or commissioners of\nthe office or offices of the department having jurisdiction of the\nservices.\n  (c) A local services plan shall be developed, in accordance with the\nregulations of the commissioner or commissioners of the office or\noffices of the department having jurisdiction of the services by the\nlocal governmental unit or units which shall direct and administer a\nlocal comprehensive planning process for its geographic area, consistent\nwith statewide goals and objectives established pursuant to section 5.07\nof this chapter. The planning process shall involve the directors of any\ndepartment facilities, directors of hospital based mental health\nservices, directors of community mental health centers, consumers,\nconsumer groups, voluntary agencies, other providers of services, and\nlocal correctional facilities and other local criminal justice agencies.\nThe local governmental unit, or units, shall determine the proposed\nlocal services plan to be submitted for approval. If any provider of\nservices including facilities in the department, or any representative\nof the consumer or community interests within the local planning\nprocess, disputes any element of the proposed plan for the area which it\nserves, the objection shall be presented in writing to the director of\nthe local governmental unit. If such dispute cannot be resolved to the\nsatisfaction of all parties, the director shall determine the plan to be\nsubmitted. If requested and supplied by the objecting party, a written\nobjection to the plan shall be appended thereto and transmitted to the\nsingle agent of the department jointly designated by the commissioners.\n  (d) Each commissioner of an office in the department shall review the\nportion of the local services plan submitted over which his office has\njurisdiction and approve or disapprove such plan in accordance with the\nprocedures of subdivision (e) of this section.\n  (e) 1. There shall be a single process for plan review and approval by\nthe offices of the department which shall provide local governmental\nunits with a comprehensive response to the plans submitted. All portions\nof the plan to which a commissioner of an office of the department does\nnot object shall be promptly approved and such approvals shall not be\ndelayed pending approval of other portions of the plan which are\nsubstantially independent of the non-objectionable portion. Those\nportions approved by each of the commissioners of the offices of the\ndepartment having jurisdiction of the services shall be deemed in effect\nfor the period covered by the proposed plan. A portion of the plan, once\napproved, shall not be amended without the written concurrence of both\nthe director of the local governmental unit or directors of the local\ngovernmental units and each of the commissioners of the offices of the\ndepartment having jurisdiction over such portion of the plan.\n  2. A commissioner of an office of the department shall not disapprove\nany portion of the local services plan without providing the local\ngovernmental unit an opportunity to be heard regarding the proposed\ndisapproval and to propose any modification of the plan. Pending the\nresolution of any dispute over approval of a portion of the plan, by\nfinal determination of the commissioner having jurisdiction over the\nservices, new programs proposed shall not be implemented and programs\npreviously implemented shall continue to be funded at existing levels.\nIf a portion of the plan is disapproved, the commissioner of the office\nhaving jurisdiction over such portion shall notify the local\ngovernmental unit in writing stating reasons for such action.\n