NY Ment Hygiene L § 41.16 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.16 - Local Planning; State and Local Responsibilities.

§ 41.16 Local planning; state and local responsibilities.  (a)  Each  of the offices of the department shall guide and facilitate the process of local planning so that plans for  the  provision  of  all services,  including  state and local services, can be formulated on the basis of approved local plans and federal guidelines related to services for the mentally disabled to  reflect  the  distribution  of  needs  and resources  of  areas  of the state. All providers of services, including facilities of the offices of the department, directors of hospital based mental health services, directors of community  mental  health  centers, and  voluntary  agencies  shall  participate in and provide information, including budget data, for local planning processes.  (b) In accordance with regulations established by the commissioner  or commissioners  of  the  offices of the department having jurisdiction of the services, which shall provide for prompt action  on  proposed  local services plans, each local governmental unit shall:   1. establish long range goals and objectives consistent with statewide goals  and objectives developed pursuant to section 5.07 of this chapter and develop or annually update the local  services  plan  of  the  local governmental  unit  or  units  listing  providers,  estimated  costs and proposed  utilization  of  state  resources,  including  facilities  and manpower,   which   shall   be  used  in  part  to  formulate  statewide comprehensive plans for services.   2. submit  one  local  services  plan  to  the  single  agent  of  the department jointly designated by the commissioners of the offices of the department annually for approval by the commissioner or commissioners of the  office  or  offices  of  the  department having jurisdiction of the services.  (c) A local services plan shall be developed, in accordance  with  the regulations  of  the  commissioner  or  commissioners  of  the office or offices of the department having jurisdiction of  the  services  by  the local  governmental  unit  or  units which shall direct and administer a local comprehensive planning process for its geographic area, consistent with statewide goals and objectives established pursuant to section 5.07 of this chapter. The planning process shall involve the directors of any department  facilities,  directors  of  hospital  based  mental   health services,  directors  of  community  mental  health  centers, consumers, consumer groups, voluntary agencies, other providers  of  services,  and local correctional facilities and other local criminal justice agencies. The  local  governmental  unit,  or  units, shall determine the proposed local services plan to be submitted for approval.  If  any  provider  of services  including  facilities in the department, or any representative of the  consumer  or  community  interests  within  the  local  planning process, disputes any element of the proposed plan for the area which it serves,  the  objection shall be presented in writing to the director of the local governmental unit. If such dispute cannot be resolved  to  the satisfaction of all parties, the director shall determine the plan to be submitted.  If  requested and supplied by the objecting party, a written objection to the plan shall be appended thereto and transmitted  to  the single agent of the department jointly designated by the commissioners.  (d)  Each commissioner of an office in the department shall review the portion of the local services plan submitted over which his  office  has jurisdiction  and approve or disapprove such plan in accordance with the procedures of subdivision (e) of this section.  (e) 1. There shall be a single process for plan review and approval by the offices of the department which  shall  provide  local  governmental units with a comprehensive response to the plans submitted. All portions of  the plan to which a commissioner of an office of the department does not object shall be promptly approved and such approvals  shall  not  be  delayed  pending  approval  of  other  portions  of  the  plan which are substantially  independent  of  the  non-objectionable  portion.   Those portions  approved  by  each  of the commissioners of the offices of the department having jurisdiction of the services shall be deemed in effect for the period covered by the proposed plan. A portion of the plan, once approved,  shall  not be amended without the written concurrence of both the director of the local governmental unit or directors  of  the  local governmental  units  and each of the commissioners of the offices of the department having jurisdiction over such portion of the plan.   2. A commissioner of an office of the department shall not  disapprove any  portion  of  the  local  services  plan without providing the local governmental unit an opportunity to  be  heard  regarding  the  proposed disapproval  and  to  propose  any modification of the plan. Pending the resolution of any dispute over approval of a portion  of  the  plan,  by final  determination  of  the  commissioner having jurisdiction over the services, new programs proposed shall not be  implemented  and  programs previously  implemented  shall continue to be funded at existing levels. If a portion of the plan is disapproved, the commissioner of the  office having   jurisdiction   over   such   portion  shall  notify  the  local governmental unit in writing stating reasons for such action.