NY Ment Hygiene L § 41.35 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.35 - Demonstration Programs.

§ 41.35 Demonstration programs.   * (a)  The  commissioners of the offices in the department shall cause to be developed plans  for  three  or  more  time-limited  demonstration programs, the purpose of which shall be to test and evaluate new methods or  arrangements  for  organizing,  financing,  staffing  and  providing services  for  the  mentally  disabled  in  order   to   determine   the desirability  of  such  methods  or arrangements. Subject to regulations established by the commissioners and notwithstanding section one hundred sixty-three of the state finance law and section one  hundred  forty-two of  the  economic  development  law, or any other provision of law, such programs  may  include  but  shall  not  be  limited  to   comprehensive organizational  structures to serve all mentally disabled persons within the purview of a  local  governmental  unit,  innovative  financing  and staffing  arrangements  and  specific  programs  to  serve  the mentally disabled.  Such  demonstration  programs  shall   be   consistent   with established  statewide  goals  and  objectives  and  local comprehensive plans, shall be developed in conjunction with  the  local  comprehensive planning  process,  and  shall  be submitted to the single agent jointly designated by  the  commissioners  of  the  department  for  review  and approval by the commissioner or commissioners having jurisdiction of the services.   * NB Effective until March 31, 2024   * (a)  The  commissioners of the offices in the department shall cause to be developed plans  for  three  or  more  time-limited  demonstration programs, the purpose of which shall be to test and evaluate new methods or  arrangements  for  organizing,  financing,  staffing  and  providing services  for  the  mentally  disabled  in  order   to   determine   the desirability  of  such  methods  or arrangements. Subject to regulations established by the commissioners and notwithstanding any other provision of  law,  such  programs  may  include  but  shall  not  be  limited  to comprehensive  organizational  structures to serve all mentally disabled persons within the purview of  a  local  governmental  unit,  innovative financing  and  staffing arrangements and specific programs to serve the mentally disabled. Such demonstration programs shall be consistent  with established  statewide  goals  and  objectives  and  local comprehensive plans, shall be developed in conjunction with  the  local  comprehensive planning  process,  and  shall  be submitted to the single agent jointly designated by  the  commissioners  of  the  department  for  review  and approval by the commissioner or commissioners having jurisdiction of the services.   * NB Effective March 31, 2024  (b)  The  demonstration  programs required to be developed pursuant to this section shall include  at  least  one  single  system  program  for comprehensive services for all mentally disabled persons or all services to  one  or  more of the following classes of mentally disabled: persons with mental illness, a developmental disability;  those  suffering  from alcohol   abuse  or  alcoholism;  or  alcoholics,  alcohol  abusers  and substance abusers. Such comprehensive services provided  pursuant  to  a single  system program shall be provided by a local governmental unit or group of local government units or an approved non-governmental agent or a combination of providers of service and a local governmental  unit  or units.  (1) A local governmental unit or group of local governmental units may propose  that such unit or units, or a non-governmental agent designated by such unit or units, or a combination of providers of  service  and  a local   governmental   unit   assume  responsibility  for  provision  of comprehensive services. A  plan  embodying  such  a  proposal  shall  be submitted to the single agent jointly designated by the commissioners of  the  offices  of  the  department  in accordance with regulations of the commissioners. Such a plan shall provide  that  the  local  governmental unit  or  units or a designated non-governmental agent, or a combination of  providers  of  service and local governmental unit or units shall be responsible for the provision of and shall direct the operation  of  all facilities and programs or portions thereof serving the class or classes of  mentally  disabled in the area for whom the unit or non-governmental agent proposes to provide comprehensive services.  (2) A proposed plan submitted in accordance  with  the  provisions  of this  subdivision  shall  contain at least the following with respect to the class or classes of mentally disabled covered by the plan:   A. a commitment to provide necessary comprehensive  services  for  all residents,  regardless  of diagnostic category or severity of disability or ability to pay, subject  to  availability  of  funds,  of  the  local government  or  local  governments  submitting  such plan throughout the course of their mental disability.   B. a commitment to provide comprehensive services which shall include, but not be limited to, preventive services, emergency  services,  acute, intermediate   and  long-term  services,  including  both  hospital  and non-hospital based inpatient and outpatient services,  day  care,  night care  and  weekend  care  services,  diagnostic  and  referral services, residential and non-residential services,  vocational,  educational  and training   programs,  staff  training,  consultive  services,  necessary manpower and support services.   C. an assurance that comprehensive services will be  provided  to  all mentally  disabled  residents  regardless  of  age,  income  or  area of residence in all age and population groups, including all such residents receiving service irrespective of the location and auspices under  which such services are provided at the time of the plan's submission.   D.  a statement describing the proposed administrative organization of the system under  which  comprehensive  services  to  mentally  disabled residents  of the locality or localities are to be provided, including a description of the respective roles and relationships of all  providers, governmental and non-governmental.   E.  an  inventory of all public and private resources available to the class or classes of mentally disabled residents of the local area and  a statement of their responsibilities.   F.  a  proposed fiscal plan for comprehensive services during the next local and state fiscal years, which proposed fiscal plan shall  include, but  not  be limited to, all projected needs; a breakdown of services to be provided by disability and service category;  estimated  expenditures by   purpose;  estimated  revenues  by  source  and  amounts,  including estimated local, state and federal government funds; and a comparison of proposed expenditures and revenues with those of the existing year.   G. a projected utilization rate of services and programs of facilities of the offices of the department  including  any  planned  expansion  or contraction of such services and programs.   H.   a   plan,   developed   in   consultation   with  the  recognized representative of employees of the offices of the  department,  for  the retraining and continuation of employment of persons whose employment in a  program  of  a  facility  of  an  office may be terminated because of planned contraction of such program, and for  the  continuation  of  all employment-related  benefits  vested by contract, by state or local law, or by rule or regulation in the persons employed by the offices  in  the department  in  facilities to be transferred to the control of the local governmental unit or units or the non-governmental agent of such unit or units, as long as those persons shall continue to be  employed  pursuant  to  the single system plan or until such employment-related benefits are modified or superseded pursuant to law or successor agreements.   I.  a  commitment  that all facilities will comply with all applicable state and  federal  standards,  including  accreditation  standards  and standards  required to be met as a condition for eligibility for federal funds.   J. a statement of the mechanisms to  be  utilized  in  evaluating  the effectiveness  of  comprehensive  services  to the mentally disabled and describing the conditions and procedures under which responsibility  for programs  and services of facilities in the offices of the department at the time of submission of the plan shall revert to the state.  (3) Each commissioner of an office in the department shall review  the portion  of  the  single  system  plan for comprehensive services to the mentally disabled over which his office has jurisdiction and approve  or disapprove  such portion of the plan. In acting upon such portion of the plan, each commissioner shall consider whether it  offers  a  reasonable expectation of improved services to the particular class of the mentally disabled  over  which his office has jurisdiction; whether the plan as a whole assures comprehensive services to mentally  disabled  persons  who suffer  from more than one disability; whether the plan provides for the efficient use of available funds and existing services; and whether such plan adequately meets the conditions set forth in paragraph two of  this subdivision.  (4)  Each commissioner of an office in the department who has approved a single system plan is authorized  to  take  such  actions  as  may  be necessary,  in  accordance with applicable state law, including, but not limited  to,  the  delegation  of  administrative  responsibility  to  a director of community services in order to facilitate the implementation of  the  approved  single system plan. If a commissioner of an office in the department and one or more local governmental units mutually  agree, state  facilities  of  such office may, in whole or in part, be used by, leased, or rented, to such local  governmental  unit  or  units,  to  an approved  non-governmental  agent,  or  to a combination of providers of service and the local governmental unit  or  units  in  accordance  with applicable  state  law,  for  operation by or through it pursuant to the single system plan approved in accordance with the  provisions  of  this article.   Such   local  governmental  unit  or  units  or  an  approved non-governmental agent or combination of providers of  service  and  the local governmental unit or units may lease a facility or facilities from an  office  in  the  department,  if  the  program  to be housed in such facility is part of the single system plan for comprehensive services to the mentally disabled approved in accordance with the provisions of this article.  (5) Each commissioner of an office in  the  department  shall  conduct evaluation studies of approved single system plans, or portions thereof, over  which  his office has jurisdiction to determine the relative costs and effectiveness of different types  and  patterns  of  services  being provided  under such plans. The results of such studies shall be used to determine standards for statewide program requirements and priorities.  (c) Upon  approval  of  a  plan  for  a  demonstration  program  by  a commissioner or commissioners of the office having jurisdiction over the services,  said commissioner or commissioners shall, in cooperation with the  appropriate  representative  or  representatives   of   the   local governmental  unit  or  units, prepare for submission to the director of the budget for inclusion in the executive  budget,  a  request  for  the appropriations  of  funds  and  authorization  for implementation of the demonstration program.  (d)  Quarterly  reviews  and  evaluations  of  the  program  shall  be undertaken  and  a final report shall be developed by representatives of the commissioner or commissioners having jurisdiction over the  services and  the  local  governmental unit assessing the program, indicating its potential  for  continuation  or  use  elsewhere, and making any further recommendations  related  to  the  program.  Copies  of  such  quarterly evaluations  and  final  reports  shall  be  sent no later than November fifteenth to the director  of  the  division  of  the  budget,  and  the chairmen  of  the senate finance committee and the assembly committee on ways and means and such final reports shall be included in the  relevant commissioner  or  commissioners statewide comprehensive plan pursuant to section 5.07 of this chapter.  (e) A local governmental unit may file a notice of intent to submit  a single  system  plan  with  the  single  agent jointly designated by the commissioners of the offices. The commissioner or  commissioners  having jurisdiction  of  the  services  are authorized to make grants of funds, from appropriations specifically made for  such  purpose,  to  any  such local  governmental  unit  in  an  amount  not  to  exceed  seventy-five percentum of the local government costs approved by the commissioner and the director of the budget, of preparing a single system plan; provided, however, that in the case of a local government receiving state  aid  at the  rate  of  seventy-five percent of its approved net operating costs, such grant of funds may not exceed ninety percent of the approved  local government's costs of preparing the single system plan.