reglab/housing_qa huggingface dataset:
NY Ment Hygiene L § 33.25 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 33 - Rights of Patients 33.25 - Release of Records Pertaining to Allegations and Investigations of Abuse and Mistreatment.

§ 33.25 Release  of records pertaining to allegations and investigations           of abuse and mistreatment.  (a) Records and documents pertaining to allegations and investigations into reportable incidents at a facility, as defined in  subdivision  six of  section  1.03  of  this  chapter,  including  but not limited to all complaints and reports made pursuant to article  eleven  of  the  social services  law,  shall  be  released to a qualified person, as defined in paragraph six of subdivision (a) of section 33.16 of this article,  upon a  written  request by such qualified person. Such records and documents shall be made available by the appropriate office within twenty-one days of the conclusion of its investigation,  provided  that  the  names  and other personally identifying information of other patients and employees shall  not  be  included  unless  such  patients and employees authorize disclosure.  (b) Records and reports released in accordance with this section shall be released pursuant to subdivision (b) of section 33.23 of this article and shall not be further disseminated by the recipient, provided that  a recipient  may  share  any  records  and reports with: (i) a health care provider; (ii) a behavioral health care provider; (iii) law  enforcement if  the  recipient  believes  a  crime  has  been committed; or (iv) the recipient's attorney.  (c) A cover letter shall accompany records  and  reports  released  in accordance  with this section and shall state: PURSUANT TO SECTION 33.25 OF THE MENTAL HYGIENE LAW, THE ATTACHED RECORDS AND REPORTS SHALL NOT BE FURTHER DISSEMINATED, EXCEPT THAT YOU MAY SHARE THE REPORT WITH:  (i)  A HEALTH  CARE PROVIDER; (ii) A BEHAVIORAL HEALTH CARE PROVIDER; (iii) LAW ENFORCEMENT, IF YOU BELIEVE A CRIME HAS BEEN  COMMITTED;  OR  (iv)  YOUR ATTORNEY.  (d)  Nothing  in  this  section  shall  prohibit  the  receipt, use or dissemination of any such records, reports, information  or  results  of investigations  or  inquiry by any patient, former patient, or qualified person or person or official specified in paragraph (i), (ii), (iii)  or (iv) of subdivision (b) of this section acting on behalf of any patient, former  patient  or  patient's estate, in any legal action or proceeding brought by or on behalf of such patient,  former  patient  or  patient's estate.
NY Ment Hygiene L § 33.27 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 33 - Rights of Patients 33.27 - Independent Substance Use Disorder and Mental Health Ombudsman.

§ 33.27 Independent substance use disorder and mental health ombudsman.  (a)  There  is  hereby  established  the  office  of  the  independent substance use disorder and mental health ombudsman program that will  be operated  or  selected  by  the office of alcoholism and substance abuse services, in consultation with the  office  of  mental  health  for  the purpose  of  assisting  individuals with a substance use disorder and/or mental illness to ensure that they receive appropriate health  insurance coverage.  (b)  Such  ombudsman  will  identify,  investigate,  refer and resolve complaints that are made by, or on  behalf  of,  consumers  relative  to health insurance coverage and access to initial and continuing substance use disorder care and mental health care; accept, investigate, refer and help to resolve complaints that are made by treatment providers relative to  health  insurance  coverage  of  and  reimbursement  for  initial or continuing substance  use  disorder  and  mental  health  care;  accept, investigate, refer and help to resolve complaints that are made by or on behalf  of  consumers  or  by providers relative to network adequacy for access to and continuing substance use disorder and mental health care.  (c) Notwithstanding  sections  one  hundred  twelve  and  one  hundred sixty-three  of  the state finance law and section one hundred forty-two of the economic development law, or any other inconsistent provision  of law,  funds  available  for expenditure pursuant to this section for the establishment of an ombudsman for  substance  use  disorder  and  mental health  insurance  coverage,  may  be  allocated  and distributed by the commissioner of the office of alcoholism and substance  abuse  services, subject  to  the  approval  of  the  director  of  the budget, without a competitive bid or request for proposal process for the establishment of an ombudsman for substance use  disorder  and  mental  health  insurance coverage.  Provided,  however, that such allocation or distribution must be based on objective criteria and an  allocation  methodology  that  is approved by the director of the budget.
NY Ment Hygiene L § 36.02 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 36 - Addiction and Mental Health Services and Supports 36.02 - Referral to Crisis Stabilization Centers.

§ 36.02 Referral to crisis stabilization centers.  (a)  A referral to crisis stabilization centers may include but not be limited to: (1) walk-ins or  self-referrals;  (2)  family  members;  (3) schools; (4) hospitals; (5) community-based providers; (6) mobile mental health  crisis teams; (7) crisis call centers; (8) primary care doctors; (9) law enforcement; and (10) private practitioners.  (b) All services provided in crisis  stabilization  centers  shall  be voluntary.  No  crisis  stabilization  center  shall  accept involuntary referrals, and no person shall be forced or coerced  to  participate  in services  or  treatment.  A  crisis stabilization center may at any time refer a person in their care to a higher level of  treatment  if  deemed appropriate.  (c) For a person who is in need of emergency observation under section 9.41,  9.43,  9.45,  or  9.58  of  this  chapter, the appropriate police officer, peace officer, court, community  services  director  or  mobile crisis  team  must  inform the person of the crisis stabilization center services where available. A crisis stabilization center may  conduct  an assessment  prior to accepting a referral. A crisis stabilization center may make a referral to a hospital or comprehensive psychiatric emergency program if an assessment determines that they are  unable  to  meet  the service needs of a person.
NY Ment Hygiene L § 41.01 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.01 - Declaration of Purpose.

§ 41.01 Declaration of purpose.This  article is designed to enable and encourage local governments to   develop in  the  community  preventive,  rehabilitative,  and  treatment   services  offering continuity of care; to improve and to expand existing   community  programs  for  persons  with  mental  illness,  developmental   disabilities,  and  those  suffering from the diseases of alcoholism and   substance abuse; to plan for the  integration  of  community  and  state   services and facilities for individuals with mental disabilities; and to   cooperate  with  other  local  governments  and  with  the  state in the   provision of joint services and sharing of manpower resources.Effective implementation of this article requires  the  direction  and   administration,   by   each   local   governmental   unit,  of  a  local   comprehensive planning process for its  geographic  area  in  which  all   providers  of  services shall participate and cooperate in the provision   of all necessary  information.  It  also  initiates  a  planning  effort   involving  the  state,  local governments and other providers of service   for the purpose of promoting continuity of care through the  development   of  integrated systems of care and treatment for individuals with mental   illness, developmental disabilities, and for those  suffering  from  the   diseases of alcoholism and substance abuse.
NY Ment Hygiene L § 41.04 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.04 - Responsibilities of Commissioners of the Offices.

§ 41.04 Responsibilities of commissioners of the offices.  (a)  In order to prevent unnecessary fragmentation in the planning and financing of the care, treatment  and  rehabilitation  of  the  mentally disabled,  the  commissioners  of  the  offices  in the department shall consult and cooperate with one another and shall meet from time to  time with the New York state conference of local mental hygiene directors, to ensure  that  the procedural policies, forms, time frames for submission and approval of plans and rules and regulations governing the procedures for planning and financing of the care, treatment and rehabilitation  of the  mentally  disabled adopted by each of the offices in the department are consistent with one another.  (b) Guidelines for the operation of local services plans and financing shall be adopted only by rule or regulation. Such rules and  regulations shall  be submitted at least twenty-one days prior to the effective date thereof to the  New  York  state  conference  of  local  mental  hygiene directors  for  comment  thereon;  provided,  however, if a commissioner finds that the public health, welfare  or  safety  requires  the  prompt adoption  of rules and regulations, he may dispense with such submission prior to the effective date thereof but, in such case, such commissioner shall submit such rules and regulations to the  conference  as  soon  as possible  for  their  review  within sixty days after the effective date thereof.
NY Ment Hygiene L § 41.05 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.05 - Local Governmental Unit.

§ 41.05 Local governmental unit.  (a)  To  be  eligible  for state aid pursuant to this chapter, a local government shall establish a local governmental unit, which shall be  an identifiable entity within the local government.  (b) Each local governmental unit shall have a community services board for   services   to   individuals  with  mental  illness,  developmental disabilities and those suffering from  alcoholism  and  substance  abuse which shall have separate subcommittees for mental health, developmental disabilities,  and  alcoholism,  except  that,  at the discretion of the local government, a subcommittee for alcoholism and substance abuse  may be substituted for a subcommittee for alcoholism.  (c)  Each  local  governmental unit shall have a director who shall be its chief executive officer. Charter governments may vest  policy-making functions in the director or they may vest all or some of such functions in the board. In all other cases, the policy-making functions shall vest in the board.  (d)  Applications  to the state for aid pursuant to this chapter shall be made by the  respective  local  govermental  units,  except  that  an application  for  capital  costs  may  be  made by a voluntary agency in accordance with the provisions of this article.  (e) Each local governmental unit shall direct and administer  a  local comprehensive  planning process for its geographic area, consistent with established statewide goals and objectives. All  providers  of  services and  department  facilities shall participate in and provide information for this  planning  process.  The  department  shall  provide  technical assistance  as may be requested by such local governmental units, within available resources.
NY Ment Hygiene L § 41.07 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.07 - Provision of Services by the Local Governmental Unit.

§ 41.07 Provision of services by the local governmental unit.  (a) Local governmental units may provide local services and facilities directly  or  may  contract for the provision of those services by other units of local  or  state  government,  by  voluntary  agencies,  or  by professionally qualified individuals.  (b) Subject to the approval of the commissioners of the offices having jurisdiction  over  the  services, local governments may arrange for the provision of services eligible for state aid outside  their  territorial jurisdictions or the state.  (c)  Local governments may provide joint local services and facilities through agreements, made pursuant to law, which may provide either  that one  local  government  provide  and  supervise these services for other local governments or that a joint board or a joint local  department  be established  to  administer  these  services  for the populations of all contracting local governments.
NY Ment Hygiene L § 41.09 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.09 - Director.

§ 41.09 Director.  (a)  Charter  governments  may  provide for appointment and removal of directors in a manner authorized by such governments. In all other local governments, the board shall appoint and remove the director.   Salaries and allowable expenses shall be set by the appointing authority.  (b) Each director shall be a psychiatrist or other professional person who  meets  standards  set  by the commissioner for the position. If the director is not a physician, he shall not  have  the  power  to  conduct examinations  authorized to be conducted by an examining physician or by a director of community services pursuant to this chapter but  he  shall designate  an examining physician who shall be empowered to conduct such examinations on behalf of such director. A director need not  reside  in the area to be served. The director shall be a full-time employee except in cases where the commissioner has expressly waived the requirement.
NY Ment Hygiene L § 41.10 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.10 - State Conference of Local Mental Hygiene Directors.

§ 41.10 State conference of local mental hygiene directors.  (a)  There  is  hereby  created the New York state conference of local mental hygiene directors, hereinafter referred to as the conference.  (b) The conference shall be composed of all the directors of community services as defined in this chapter.  (c) The conference shall meet twice a year,  or  when  called  by  the chairman, provided ten days' notice is given.  (d)  The conference shall elect bi-annually, from among its members, a chairman, vice-chairman, secretary and treasurer  who  shall  serve  for two-year  terms. An executive committee composed of, but not limited to, the above named officials shall be  responsible  for  the  convening  of meetings,   recording   and   distribution   of   minutes,   and   other administrative functions.  (e) The conference shall have the power  to  adopt,  amend  or  repeal by-laws relating to its business and the conduct of its affairs.  (f) The conference shall have the following powers:   1.  To review and comment upon rules or regulations proposed by any of the offices of the department for the operation of local  service  plans and   programs.  Comments  on  rules  or  regulations  approved  by  the conference  shall  be  given  to   the   appropriate   commissioner   or commissioners for review and consideration; and   2.  To  propose  rules  or  regulations governing the operation of the local  services  programs,  and  to  forward  such  proposed  rules   or regulations  to the appropriate commissioner or commissioners for review and consideration.  (g) The chairman of the conference may appoint,  for  the  purpose  of advising  the  commissioners, such other committees of the conference as he may from time to time deem necessary.
NY Ment Hygiene L § 41.24 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.24 - Study on Alternative to Net Deficit Funding.

§ 41.24 Study on alternative to net deficit funding.   On   or   before   April   fifteenth,  nineteen  hundred  ninety,  the commissioner shall submit to the legislature a study and recommendations for a proposed alternative to net deficit funding  established  pursuant to article forty-one of this chapter that includes the following:  (a)  A  cost-related  funding  methodology  which  adequately pays for services  necessary  to  provide  appropriate  care,  which   recognizes geographic  distinctions  as  they relate to cost and which ensures that providers are reimbursed for the  fixed  or  uncontrollable  operational costs  such as interest, depreciation, property, capitalized development costs, insurance and reasonable and necessary personnel costs.  (b) A guarantee of minimum maintenance of local  government  tax  levy financial participation at current levels.  (c)  A system of incentives to promote the maximization of alternative funding sources  including  but  not  limited  to  contract  income  and charitable contributions.  (d)  An  evaluation  of  the  relationship  between net deficit funded programs and other non-residential programs,  excluding  day  treatment, and  a  determination  whether  or not to incorporate the funding of all such programs into a unified funding methodology.  (e) Information relating to a demonstration project undertaken by  the office in certain developmental disabilities services offices to examine possible  modifications  in  the  use  of medical assistance funding for programs and services pursuant to the provisions  of  a  federal  grant. Such information shall include specific recommendations for applying the results  of such demonstration project to programs and services operated by voluntary providers.  (f) An examination of the implications of department of mental hygiene consolidated  fiscal  reporting  process  and   an   incorporation,   as appropriate,    of   such   implications   into   the   formulation   of recommendations.   Such study shall be prepared in conjunction with a council of not more than  ten  persons  which  shall  include  not   for   profit   provider organizations,  parents  of  persons  with  developmental  disabilities, representatives of local government and others to be  appointed  by  the commissioner.
NY Ment Hygiene L § 41.25 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.25 - Fees.

§ 41.25 Fees.  (a)  As  a  prerequisite  for  state aid, local governmental units and voluntary agencies shall establish fee or payment schedules for clinical services and may establish fee or payment schedules for  other  services reflecting   costs   of   services,   pursuant  to  regulations  of  the commissioner.  (b) Fees charged or payments requested shall take into  account  costs and  ability  to  pay,  considering resources available from private and public health insurance and medical aid programs.  (c) No person shall be  denied  services  for  the  mentally  disabled because of inability to pay.  (d)  Every  effort  shall  be  made  to assure that the process of fee establishment and collection does not  interfere  with  the  therapeutic program.
NY Ment Hygiene L § 41.27 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.27 - State Aid Procedures.

§ 41.27 State aid procedures.  (a) State aid shall not be granted for capital costs unless:   1.   appropriations  authorizing  them  have  been  requested  by  the commissioner;   2. these appropriations have been recommended by  the  governor  in  a budget bill which specifies the facility to be acquired, constructed, or improved, the total estimated cost for each facility, and estimated date of completion; and   3.  the budget bill has been approved by the legislature for the state fiscal year for which it was submitted.  (b) Claims for state aid shall be  made  in  a  manner  and  on  forms prescribed  by  the  regulations  of  the  commissioner and shall be for expenditures or costs incurred in accordance  with  previously  approved state aid applications supported by specific budgets as required by this chapter.  (c)  When  certified by the commissioner, state aid shall be paid upon the audit and warrant of the comptroller.
NY Ment Hygiene L § 41.29 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.29 - Liability of Local Government.

§ 41.29 Liability of local government.Any  local  government which has established a local governmental unit   shall save harmless and protect the members of the  board  and  officers   and employees of such unit from financial loss arising out of any claim,   demand,  suit,  or judgment by reason of alleged negligence or other act   resulting in accidental bodily harm or injury to  any  person,  provided   such  board  member, officer, or employee at the time of the accident or   injury was acting in the discharge of his duties within the scope of his   employment under this article. No action shall be maintained under  this   section  against  such  a  local  government,  board member, officer, or   employee unless a notice of claim shall have been  made  and  served  in   compliance  with section fifty-e of the general municipal law. Except in   an action for wrongful death, an action against such a local government,   board member, officer, or employee for damages for injuries to  real  or   personal  property,  or  for  the  destruction  thereof, or for personal   injuries, alleged to have been sustained, shall not  be  commenced  more   than  one  year and ninety days after the cause of action therefor shall   have accrued.
NY Ment Hygiene L § 41.31 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.31 - Publication of Records.

§ 41.31 Publication of records.Every local governmental unit shall make available in its office, as a   public  record, copies of its state-approved plans and proposals, and of   its rules, regulations, and contracting procedures.
NY Ment Hygiene L § 41.32 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.32 - Transitional Provisions for Local Assistance Funding of Federally Funded Demonstration Projects for Treatment of Alcoholics.

§ 41.32 Transitional   provisions   for   local  assistance  funding  offederally  funded  demonstration  projects  for  treatment  ofalcoholics.Notwithstanding   any   inconsistent   provision   of   law,  whenever   demonstration projects for treatment  of  alcoholics  are  converted  to   local  assistance  formula  funding from federal funding such conversion   shall be adjusted so that the percentage of local contribution for  such   project  does  not  exceed  twenty  percent of the cost of such projects   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.
NY Ment Hygiene L § 41.33 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.33 - Community Residences for the Mentally Disabled.

§ 41.33 Community residences for the mentally disabled.The  commissioner  shall  have  the  power  to  operate or cause to be   operated community residential facilities  for  the  mentally  disabled.   Within amounts available therefor and subject to regulations established   by  him and notwithstanding any other provisions of this article, he may   provide state aid to local governments and to voluntary agencies (i)  in   an amount not to exceed fifty percent for acquisition or construction of   such  community  residences,  and  (ii) in an amount not to exceed fifty   percent for the total operating costs  of  community  residences  except   community  residences  for the mentally ill. Such state aid to voluntary   agencies shall not be granted unless there has been  prior  approval  of   the proposed community residence by the local governmental unit.