NY Ment Hygiene L § 41.03 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.03 - Definitions.

§ 41.03 Definitions.   When used in this article:   1. "local  government" means a county, except a county within the city of New York, and the city of New York.   2. "charter government" means a local government which has its charter under article IX of the constitution and the municipal  home  rule  law; and includes the city of New York.   3. "local  services"  includes  services  for  individuals with mental illness or developmental disabilities whose  conditions,  including  but not  limited  to cerebral palsy and epilepsy, are associated with mental disabilities,  and  those  suffering  from  alcoholism,  alcohol  abuse, substance  abuse  or substance dependence, which are provided by a local government or by a voluntary agency pursuant to a contract with a  local governmental unit or the office of mental health.   4. "local  facility"  means  a  facility  offering  local services and includes  a  community  mental  health  and  developmental  disabilities facility  as  defined  in  section  three  of the facilities development corporation act and, for the purposes of this article, a mental  hygiene facility,  as  defined  in said section, to be made available for use in providing local services under lease, sublease, license or  permit  from the facilities development corporation to one or more local governmental units  or  to  a voluntary agency at the request of a commissioner of an office in the department.   5. "local governmental unit" means the unit of local government  given authority in accordance with this chapter by local government to provide local services.   6. "board"   means   a   community  services  board  for  services  to individuals with mental illness and  developmental  disabilities,  those suffering  from  alcoholism, alcohol abuse, substance abuse or substance dependence.   7. "director" means the director of community  services,  who  is  the chief  executive officer of a local governmental unit, by whatever title known.   8. "capital costs" means the costs of a local government, a  voluntary agency,  or  the  facilities development corporation with respect to the acquisition  of  real  property  estates,  interests,  and   cooperative interests   in   realty,  their  design,  construction,  reconstruction, rehabilitation and improvement, original furnishings and equipment, site development, and appurtenances of a local facility. Capital costs do not include any of the foregoing costs paid under provisions  of  law  other than this chapter.   9.  (a) "operating costs" means expenditures, excluding capital costs, incurred in the  operation  and  maintenance  of  the  community  mental health, developmental disabilities, and alcoholism services board and of local  facilities in accordance with this article and the regulations of the commissioner, by  a  local  government  or  by  a  voluntary  agency pursuant to a contract with a local governmental unit.  (b)  Subject  to  the regulations of the commissioner, operating costs shall include that part of rental costs paid to those  community  mental health,  developmental  disabilities,  alcoholism,  or  substance  abuse services companies, which  represents  interest  accrued  after  January first,  nineteen  hundred eighty-one and is paid on obligations incurred by such companies, organized pursuant to article  seventy-five  of  this chapter  and which participated in mortgage financing in accordance with chapter one  thousand  thirty-four  of  the  laws  of  nineteen  hundred sixty-nine, (ii) rentals paid to the facilities development corporation, (iii)  salaries of or per diem compensation to board members, (iv) costs  for which state aid or reimbursement is claimed under provisions of  law other than this article.  (c)  Operating  costs  may include interest incurred on any obligation which is necessarily related to the efficient and economic  delivery  of approved services to persons with alcoholism, substance abuse addiction, mental   illness   or   developmental   disabilities,   subject  to  the commissioner's certification  of  the  reasonableness  of  the  interest expense.  Interest  as authorized by this subdivision shall only include reasonable and competitive rates of interest incurred in accordance with regulations promulgated by the commissioner.  (d) Subject to the regulations of the  commissioner,  operating  costs shall  include  rent incurred, or depreciation and interest expenditures incurred, in connection  with  the  design,  construction,  acquisition, reconstruction,  rehabilitation  or  improvement  of  a  local facility; provided that where the rent, financing or refinancing  of  the  design, construction, acquisition, reconstruction, rehabilitation or improvement of  a  local facility is through the facilities development corporation, operating costs shall include the debt service to be  paid  to  amortize obligations,  including  principal  and interest, issued by the New York state medical care facilities finance agency to finance or refinance the capital costs of such facilities.   10. "net operating costs" means operating costs from which  have  been deducted the following:  (a) revenues for operating costs received from other state agencies or another  local  government  pursuant  to  an agreement to purchase local services.  (b) other income realized in the operation  of  a  specified  program, except  for  income  realized  by a voluntary not-for-profit agency from industrial contracts  entered  into  pursuant  to  its  operation  of  a sheltered  workshop  from  which have been deducted the expenses of such workshop incurred in producing such income and  which  are  claimed  for state aid.  (c) federal aid received for operating costs.  (d)  fees  received  from patients or on their behalf from private and public health insurance and medical aid programs.   11. "voluntary agency"  means  a  corporation  organized  or  existing pursuant  to  the  not-for-profit  corporation  law  for  the purpose of providing local services.   12. "local services plan" means the plan of local  services  which  is submitted  by a local governmental unit and approved by the commissioner pursuant to section 41.18 of this article.   13. "community   support    services"    means    clinical,    social, rehabilitative  and  other  mental health services, programs and related administrative activities  designed  to  enhance  the  community  living skills  and  prevent  the  unnecessary  hospitalization of the seriously impaired, chronically mentally  ill  population,  who  are  eligible  to receive services pursuant to section 41.47 of this article.