N.Y. MHY Law § 41.35 — New York Code / Act MHY / Title E / Article 41 / Section 41.35
Demonstration programs
Status: in_force

§ 41.35 Demonstration programs.\n  * (a) The commissioners of the offices in the department shall cause\nto be developed plans for three or more time-limited demonstration\nprograms, the purpose of which shall be to test and evaluate new methods\nor arrangements for organizing, financing, staffing and providing\nservices for the mentally disabled in order to determine the\ndesirability of such methods or arrangements. Subject to regulations\nestablished by the commissioners and notwithstanding section one hundred\nsixty-three of the state finance law and section one hundred forty-two\nof the economic development law, or any other provision of law, such\nprograms may include but shall not be limited to comprehensive\norganizational structures to serve all mentally disabled persons within\nthe purview of a local governmental unit, innovative financing and\nstaffing arrangements and specific programs to serve the mentally\ndisabled. Such demonstration programs shall be consistent with\nestablished statewide goals and objectives and local comprehensive\nplans, shall be developed in conjunction with the local comprehensive\nplanning process, and shall be submitted to the single agent jointly\ndesignated by the commissioners of the department for review and\napproval by the commissioner or commissioners having jurisdiction of the\nservices.\n  * NB Effective until March 31, 2028\n  * (a) The commissioners of the offices in the department shall cause\nto be developed plans for three or more time-limited demonstration\nprograms, the purpose of which shall be to test and evaluate new methods\nor arrangements for organizing, financing, staffing and providing\nservices for the mentally disabled in order to determine the\ndesirability of such methods or arrangements. Subject to regulations\nestablished by the commissioners and notwithstanding any other provision\nof law, such programs may include but shall not be limited to\ncomprehensive organizational structures to serve all mentally disabled\npersons within the purview of a local governmental unit, innovative\nfinancing and staffing arrangements and specific programs to serve the\nmentally disabled. Such demonstration programs shall be consistent with\nestablished statewide goals and objectives and local comprehensive\nplans, shall be developed in conjunction with the local comprehensive\nplanning process, and shall be submitted to the single agent jointly\ndesignated by the commissioners of the department for review and\napproval by the commissioner or commissioners having jurisdiction of the\nservices.\n  * NB Effective March 31, 2028\n  (b) The demonstration programs required to be developed pursuant to\nthis section shall include at least one single system program for\ncomprehensive services for all mentally disabled persons or all services\nto one or more of the following classes of mentally disabled: persons\nwith mental illness, a developmental disability; those suffering from\nalcohol abuse or alcoholism; or alcoholics, alcohol abusers and\nsubstance abusers. Such comprehensive services provided pursuant to a\nsingle system program shall be provided by a local governmental unit or\ngroup of local government units or an approved non-governmental agent or\na combination of providers of service and a local governmental unit or\nunits.\n  (1) A local governmental unit or group of local governmental units may\npropose that such unit or units, or a non-governmental agent designated\nby such unit or units, or a combination of providers of service and a\nlocal governmental unit assume responsibility for provision of\ncomprehensive services. A plan embodying such a proposal shall be\nsubmitted to the single agent jointly designated by the commissioners of\nthe offices of the department in accordance with regulations of the\ncommissioners. Such a plan shall provide that the local governmental\nunit or units or a designated non-governmental agent, or a combination\nof providers of service and local governmental unit or units shall be\nresponsible for the provision of and shall direct the operation of all\nfacilities and programs or portions thereof serving the class or classes\nof mentally disabled in the area for whom the unit or non-governmental\nagent proposes to provide comprehensive services.\n  (2) A proposed plan submitted in accordance with the provisions of\nthis subdivision shall contain at least the following with respect to\nthe class or classes of mentally disabled covered by the plan:\n  A. a commitment to provide necessary comprehensive services for all\nresidents, regardless of diagnostic category or severity of disability\nor ability to pay, subject to availability of funds, of the local\ngovernment or local governments submitting such plan throughout the\ncourse of their mental disability.\n  B. a commitment to provide comprehensive services which shall include,\nbut not be limited to, preventive services, emergency services, acute,\nintermediate and long-term services, including both hospital and\nnon-hospital based inpatient and outpatient services, day care, night\ncare and weekend care services, diagnostic and referral services,\nresidential and non-residential services, vocational, educational and\ntraining programs, staff training, consultive services, necessary\nmanpower and support services.\n  C. an assurance that comprehensive services will be provided to all\nmentally disabled residents regardless of age, income or area of\nresidence in all age and population groups, including all such residents\nreceiving service irrespective of the location and auspices under which\nsuch services are provided at the time of the plan's submission.\n  D. a statement describing the proposed administrative organization of\nthe system under which comprehensive services to mentally disabled\nresidents of the locality or localities are to be provided, including a\ndescription of the respective roles and relationships of all providers,\ngovernmental and non-governmental.\n  E. an inventory of all public and private resources available to the\nclass or classes of mentally disabled residents of the local area and a\nstatement of their responsibilities.\n  F. a proposed fiscal plan for comprehensive services during the next\nlocal and state fiscal years, which proposed fiscal plan shall include,\nbut not be limited to, all projected needs; a breakdown of services to\nbe provided by disability and service category; estimated expenditures\nby purpose; estimated revenues by source and amounts, including\nestimated local, state and federal government funds; and a comparison of\nproposed expenditures and revenues with those of the existing year.\n  G. a projected utilization rate of services and programs of facilities\nof the offices of the department including any planned expansion or\ncontraction of such services and programs.\n  H. a plan, developed in consultation with the recognized\nrepresentative of employees of the offices of the department, for the\nretraining and continuation of employment of persons whose employment in\na program of a facility of an office may be terminated because of\nplanned contraction of such program, and for the continuation of all\nemployment-related benefits vested by contract, by state or local law,\nor by rule or regulation in the persons employed by the offices in the\ndepartment in facilities to be transferred to the control of the local\ngovernmental unit or units or the non-governmental agent of such unit or\nunits, as long as those persons shall continue to be employed pursuant\nto the single system plan or until such employment-related benefits are\nmodified or superseded pursuant to law or successor agreements.\n  I. a commitment that all facilities will comply with all applicable\nstate and federal standards, including accreditation standards and\nstandards required to be met as a condition for eligibility for federal\nfunds.\n  J. a statement of the mechanisms to be utilized in evaluating the\neffectiveness of comprehensive services to the mentally disabled and\ndescribing the conditions and procedures under which responsibility for\nprograms and services of facilities in the offices of the department at\nthe time of submission of the plan shall revert to the state.\n  (3) Each commissioner of an office in the department shall review the\nportion of the single system plan for comprehensive services to the\nmentally disabled over which his office has jurisdiction and approve or\ndisapprove such portion of the plan. In acting upon such portion of the\nplan, each commissioner shall consider whether it offers a reasonable\nexpectation of improved services to the particular class of the mentally\ndisabled over which his office has jurisdiction; whether the plan as a\nwhole assures comprehensive services to mentally disabled persons who\nsuffer from more than one disability; whether the plan provides for the\nefficient use of available funds and existing services; and whether such\nplan adequately meets the conditions set forth in paragraph two of this\nsubdivision.\n  (4) Each commissioner of an office in the department who has approved\na single system plan is authorized to take such actions as may be\nnecessary, in accordance with applicable state law, including, but not\nlimited to, the delegation of administrative responsibility to a\ndirector of community services in order to facilitate the implementation\nof the approved single system plan. If a commissioner of an office in\nthe department and one or more local governmental units mutually agree,\nstate facilities of such office may, in whole or in part, be used by,\nleased, or rented, to such local governmental unit or units, to an\napproved non-governmental agent, or to a combination of providers of\nservice and the local governmental unit or units in accordance with\napplicable state law, for operation by or through it pursuant to the\nsingle system plan approved in accordance with the provisions of this\narticle. Such local governmental unit or units or an approved\nnon-governmental agent or combination of providers of service and the\nlocal governmental unit or units may lease a facility or facilities from\nan office in the department, if the program to be housed in such\nfacility is part of the single system plan for comprehensive services to\nthe mentally disabled approved in accordance with the provisions of this\narticle.\n  (5) Each commissioner of an office in the department shall conduct\nevaluation studies of approved single system plans, or portions thereof,\nover which his office has jurisdiction to determine the relative costs\nand effectiveness of different types and patterns of services being\nprovided under such plans. The results of such studies shall be used to\ndetermine standards for statewide program requirements and priorities.\n  (c) Upon approval of a plan for a demonstration program by a\ncommissioner or commissioners of the office having jurisdiction over the\nservices, said commissioner or commissioners shall, in cooperation with\nthe appropriate representative or representatives of the local\ngovernmental unit or units, prepare for submission to the director of\nthe budget for inclusion in the executive budget, a request for the\nappropriations of funds and authorization for implementation of the\ndemonstration program.\n  (d) Quarterly reviews and evaluations of the program shall be\nundertaken and a final report shall be developed by representatives of\nthe commissioner or commissioners having jurisdiction over the services\nand the local governmental unit assessing the program, indicating its\npotential for continuation or use elsewhere, and making any further\nrecommendations related to the program. Copies of such quarterly\nevaluations and final reports shall be sent no later than November\nfifteenth to the director of the division of the budget, and the\nchairmen of the senate finance committee and the assembly committee on\nways and means and such final reports shall be included in the relevant\ncommissioner or commissioners statewide comprehensive plan pursuant to\nsection 5.07 of this chapter.\n  (e) A local governmental unit may file a notice of intent to submit a\nsingle system plan with the single agent jointly designated by the\ncommissioners of the offices. The commissioner or commissioners having\njurisdiction of the services are authorized to make grants of funds,\nfrom appropriations specifically made for such purpose, to any such\nlocal governmental unit in an amount not to exceed seventy-five\npercentum of the local government costs approved by the commissioner and\nthe director of the budget, of preparing a single system plan; provided,\nhowever, that in the case of a local government receiving state aid at\nthe rate of seventy-five percent of its approved net operating costs,\nsuch grant of funds may not exceed ninety percent of the approved local\ngovernment's costs of preparing the single system plan.\n