NY Ment Hygiene L § 41.55 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.55 - Community Mental Health Support and Workforce Reinvestment Program.

* § 41.55 Community  mental  health  support  and workforce reinvestment             program.  (a) Community mental health support and workforce  reinvestment  funds shall be annually allocated by the commissioner based upon the following criteria:  (1)  the efficiency and effectiveness of the use of funding within the local governmental unit for the delivery of  services  to  persons  with serious  mental  illness  in  order  to  assure  that resources are made available to fund mental health services to persons discharged into  the community; and  (2)  other  relevant  factors that require the maintenance of existing mental  health  services  and  the  development  of  new  mental  health services.  (b)  Amounts  provided  pursuant to this section shall only be used to fund mental health workforce related activities,  including  recruitment and  retention  initiatives  and  training  programs,  and other general programmatic activities to help ensure a stable  mental  health  system. Such  grants  and  other  funds  shall  not  be  used  for capital costs associated with the development of community mental health  support  and workforce reinvestment services.  (c)  Prior  to  entering  into contracts for the provision of services funded pursuant to subdivision (b) of this section, the office of mental health and any  local  governmental  unit  receiving  such  funds  shall consider the following:  (1)  the  service  needs  of  persons  with  serious  mental  illness, including children and adolescents with serious emotional  disturbances, in  the  geographical  area in which the community mental health support and workforce reinvestment program operates;  (2) the capacity of the program to meet identified service  needs  and specified  performance standards related to access, admission, referral, and service coordination and delivery;  (3) the extent to which community mental health support and  workforce reinvestment  services  authorized  by  the  contract are consistent and integrated with the plan prepared and approved pursuant to section 41.16 of this article and other applicable provisions of this article; and  (4) the reliability and capability  of  the  provider,  including  its expertise,   prior   experience,  financial  responsibility,  record  of adherence to law, record of providing quality  care  and  services,  and ability   to  deliver  appropriate  services  in  a  cost-effective  and efficient  manner  to  persons  with   serious   mental   illness.   The commissioner  is  authorized  to  promulgate  regulations  to  establish minimum contractual obligations in accordance  with  the  provisions  of this subdivision.  (d)  The  commissioner is authorized and empowered to make inspections and examine records of a local governmental  unit  receiving  state  aid under  this  section  or  a  provider  of  services  funded  pursuant to subdivision (b) of this section.  Such  examination  shall  include  all medical,   service   and  financial  records,  receipts,  disbursements, contracts, loans and other moneys relating to the financial operation of the provider.  (e) The amount  of  community  mental  health  support  and  workforce reinvestment  funds  for the office of mental health shall be determined in the annual budget and  shall  include  the  amount  of  actual  state operations  general  fund  appropriation  reductions, including personal service  savings  and  other  than  personal  service  savings  directly attributed  to each child and adult non-geriatric inpatient bed closure. For the purposes of this section a bed shall be considered to be  closed upon  the  elimination of funding for such beds in the executive budget.  The appropriation reductions as a result of inpatient bed closures shall be no less than one hundred ten thousand  dollars  per  bed  on  a  full annual  basis,  as  annually recommended by the commissioner, subject to the  approval  of  the  director  of the budget, in the executive budget request prior to the fiscal year for which the executive budget is being submitted. The methodologies used  to  calculate  the  per  bed  closure savings  shall  be developed by the commissioner and the director of the budget. In no event shall the full  annual  value  of  community  mental health  support and workforce reinvestment programs attributable to beds closed as a result of net inpatient census  decline  exceed  the  twelve month value of the office of mental health state operations general fund reductions  resulting from such census decline. Such reinvestment amount shall be made available in the same proportion by which  the  office  of mental health's state operations general fund appropriations are reduced each  year  as  a  result of child and adult non-geriatric inpatient bed closures due to census decline.  (f) Additional  reinvestment  amounts  shall  be  made  available  for appropriation in the executive budget based upon state operation general fund appropriations directly attributed to the co-location or closure of psychiatric  centers  made  pursuant  to  law. Such amount shall be made available at the same proportion by which the office  of  mental  health state  operations general fund appropriations are reduced each year as a result of facility co-locations and closures.  (g)  The  annual  community  mental  health  support   and   workforce reinvestment  appropriation shall reflect the amount of state operations general fund appropriation reductions resulting  from  subdivisions  (e) and  (f)  of  this  section.  Within any fiscal year where appropriation increases are recommended for the community mental  health  support  and workforce  reinvestment  program,  insofar as projected inpatient census decline or facility co-locations or closures do not occur as  estimated, and  state  operations  general  fund  savings  do  not result, then the reinvestment appropriations shall be  made  available,  as  needed,  for transfer from the office of mental health general fund-aid to localities account  to  the  office  of  mental  health general fund-state purposes account to pay for any necessary inpatient expenses. The total community mental health support and workforce reinvestment appropriation also  may include  such  additional  appropriations,  as shall be determined to be needed and approved by the legislature, to fund all  the  provisions  of this section.  (h)  Amounts made available to the community mental health support and workforce reinvestment program of the office of mental health  shall  be subject  to annual appropriations therefor. Up to fifteen percent of the amounts so appropriated shall be made available for  staffing  at  state mental  health  facilities  and  at least seven percent of the remaining funds may be allocated for state operated community services pursuant to this section.  (i) For purposes of this section, the term "state  operations  general fund"  shall  mean  the office of mental health state operations general fund  appropriations  before  any  offset  from  the   special   revenue funds-other miscellaneous special revenue fund or mental hygiene patient income account.  (j)  No  provision in this section shall create or be deemed to create any right, interest or entitlement to services or  funds  that  are  the subject  of  this  act,  or  to  any other services or funds, whether to individuals,  localities,   providers   or   others,   individually   or collectively.  (k)  All  appropriations  for  community  mental  health  support  and workforce reinvestment services  shall  be  adjusted  in  the  following  fiscal  year  to  reflect  the  variance between the initial and revised estimates of census decline.   * NB Repealed March 31, 2024