NY Ment Hygiene L § 41.18 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.18 - Local Services Plan; State Aid.

§ 41.18 Local services plan; state aid.  (a)  A  local  services  plan  is  a  plan  for the rendition of local services.    Such  a  plan  must  have  been  developed  by  the   local governmental  unit  with  the involvement of consumers, consumer groups, voluntary agencies and other providers of services, in  accordance  with the  regulations  of  the  commissioner  and  must  be  approved  by the commissioner in order to be eligible for state  aid.  A  local  services plan  shall contain a comprehensive proposal for annual and intermediate range plans and expenditures by  the  local  governmental  unit  and  by voluntary  agencies  pursuant  to  contract with such local governmental unit. A local services plan shall  contain  provisions  to  assure  that there  is  planning  and  coordination  with  the  delivery of community support services to mentally ill persons,  in  accordance  with  section 41.47  of  this  article.  An  annual plan must be supported by specific budgets.  (b) (i) Local governments shall be granted state  aid,  in  accordance with  the  provisions  of  this  subdivision, for approved net operating costs pursuant to an approved local services plan at the rate  of  fifty percent  of  the  amount  incurred  during the local fiscal year by such local governments and by voluntary agencies pursuant  to  contract  with such  local  governments;  provided,  however,  that  a local government having a population of less than two hundred thousand shall  be  granted state  aid at the rate of seventy-five percent for the first one hundred thousand dollars of its approved net  operating  costs.  Notwithstanding the  foregoing,  local  governments  shall  be  granted state aid of one hundred percent of the  net  operating  costs  expended  by  such  local governments  and  by  voluntary  agencies pursuant to contract with such local governments for services to mentally retarded  or  developmentally disabled  persons who were patients in a state facility for a continuous period of five or  more  years  following  the  first  day  of  January, nineteen hundred sixty-nine, provided that such services are rendered in accordance  with  an  approved  local  services  plan.  Such one hundred percent state aid for services to such persons shall be also provided to a voluntary agency pursuant to a direct contract between such agency and an office of the department whenever such services provided pursuant  to such  direct  contract are rendered in accordance with an approved local services plan for servicing such clients. For  purposes  of  determining whether  a person has been a patient in such a facility for a continuous period of five years or more, if a person who  has  been  discharged  or released  from such a facility is thereafter returned to such a facility within ninety days of the discharge  or  release,  the  period  of  time between  such  discharge or release and such return shall not constitute an interruption of, and shall be counted  as  part  of,  the  continuous period.  (ii) Notwithstanding the foregoing, local governments shall be granted state  aid of one hundred percent of the net operating costs expended by such localities and by voluntary agencies pursuant to contract with such local governments for approved demonstration  projects,  not  to  exceed three  years, for the purpose of conducting alcoholism and alcohol abuse preventive, rehabilitative and treatment  services;  provided,  however, that  the  commissioner  of  alcoholism and substance abuse services may extend the demonstration project  for  one  additional  year  if  it  is determined  that  such extension is necessary and would serve the public interest.  (iii) Notwithstanding the foregoing, local governments  and  voluntary agencies  shall  be  granted state aid of one hundred percent of the net operating costs expended by such localities and  by  voluntary  agencies pursuant  to contracts with such local governments or with the office of  alcoholism and substance abuse  services  for  alcohol  crisis  centers, chemical   dependency  programs  for  youth,  residential  services  for recovering alcoholics and substance  abusers  and  for  alcoholism  AIDS coordinators. Such state aid may also be granted to programs transferred from  the  task  force  on  integrated  projects  for youth and chemical dependency. Such state aid shall also  be  granted  for  non-residential services  determined to be necessary to serve the public interest by the commissioner of alcoholism and  substance  abuse  services  provided  by local  governments  having  a  population  of  one  hundred  twenty-five thousand or less as determined by the last preceding federal census,  or by voluntary agencies pursuant to contracts with such local governments.  (iv)  The  commissioner  shall  file  a written explanation for action taken pursuant to paragraphs (ii) and (iii) of this subdivision with the director of the division of the  budget,  the  chairman  of  the  senate finance  committee  and  the  chairman  of  the  assembly ways and means committee. Such one hundred percent state aid for approved demonstration projects, alcohol  crisis  centers,  chemical  dependency  programs  for youth,  and  non-residential  rural  alcoholism  programs, shall also be provided to a voluntary agency pursuant to  a  direct  contract  between such  agency  and  the office of alcoholism and substance abuse services whenever such services provided pursuant to  such  direct  contract  are rendered  in  accordance  with  an  approved  local  services  plan  for alcoholism and alcohol abuse preventive,  rehabilitative  and  treatment services.  Upon  completion  of the approved demonstration project under paragraph (ii) of this subdivision such program shall  be  eligible  for transitional  funding  so  that the percentage of local contribution for such project does not exceed twenty percent of the cost of such  project during  the  first year of transition, thirty-five percent of such costs during the second year of transition, or fifty  percent  of  such  costs during the third year of transition.   For  purposes of this section, "chemical dependency program for youth" shall mean a voluntary drug free setting for persons between the ages of twelve and eighteen certified by the office of alcoholism and  substance abuse services.  (v)  Notwithstanding  the  foregoing,  local governments and voluntary agencies may be granted state aid of up to one hundred  percent  of  the net  operating  costs  expended  by  such  localities  and  by voluntary agencies pursuant to contracts with the  office  of  mental  health  for programs  transferred  from  the  task  force on integrated projects for youth and chemical dependency  established  pursuant  to  chapter  eight hundred  twelve  of  the laws of nineteen hundred eighty-seven. Such aid may include funds transferred from such task  force  to  the  office  of mental health.  (c)  Local  governments  and voluntary agencies shall be granted state aid for capital costs pursuant to an approved local services plan  at  a rate  not  to exceed fifty percent of the amount eligible for state aid; provided, however, that state aid for capital costs for that portion  of a  general hospital which provides inpatient psychiatric services to the mentally ill pursuant to  an  approved  local  services  plan  shall  be reimbursed at the rate of thirty-three and one-third percent.  (d)  The liability of the state in any state fiscal year for state aid pursuant to this section shall  exclude  chemical  dependence  services, which  are  subject to article twenty-five of this chapter, and shall be limited  to  the  amounts  appropriated  for  such  state  aid  by   the legislature for such state fiscal year.  (e)  In  order  to qualify for the state aid available as described in subdivisions (b) and (c) of this section, a  local  services  plan  must include  provisions  for  the  development  of  appropriate  residential  accommodations, consistent with the present and anticipated needs of the mentally disabled with the jurisdiction of the local governmental unit.  (f) No voluntary agency receiving state funds pursuant to this article shall  expend  any  state moneys except for value received and shall not make any charitable contribution of state funds or use any  state  funds to  pay  above  market  value  for  any  goods  or  services,  except as authorized by the offices of the department.