reglab/statecodes huggingface dataset:
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 33 - Rights of Patients › 33.23 - Incident Notifications and Reports.

§ 33.23 Incident notifications and reports.
(a)  The  director  of  a  facility,  as defined in subdivision six of
section 1.03 of this chapter,  shall  provide  telephone  notice  of  an
incident  involving  a  patient  receiving  care  and  treatment at such
facility  to  a  qualified  person,  as  defined  in  paragraph  six  of
subdivision  (a)  of section 33.16 of this article. Such notice shall be
provided  within  twenty-four  hours  of  the  initial  report  of  such
incident.  For  the  purposes  of this section, "incident" shall mean an
accident or injury that affects the health or safety of a patient.  Upon
the request of a qualified person, the director shall within ten days of
such  request,  provide  to  the  qualified person a copy of the written
incident  report,  provided  that  the  names   and   other   personally
identifying  information of patients and employees shall not be included
unless such patients and employees authorize disclosure, offer to hold a
meeting with such qualified person to further discuss the incident,  and
provide such qualified person with a written report on the actions taken
to  address  the incident. The director may offer to provide all reports
to the qualified person electronically.
(b) Whenever federal law or applicable federal  regulations  restrict,
or  as  a  condition  for  the  receipt of federal aid require, that the
release of records or information  pursuant  to  this  section  be  more
restrictive  than  is  provided  under  this  section, the provisions of
federal law or regulations shall be controlling.
2023 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.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 33 - Rights of Patients › 33.28 - Independent Developmental Disability Ombudsman Program.

§ 33.28 Independent developmental disability ombudsman program.
(a)  There  is  hereby  established  by  the  office  for  people with
developmental  disabilities  the  independent  developmental  disability
ombudsman   program  for  the  purpose  of  assisting  individuals  with
developmental disabilities to access services and preserve their rights.
(b) Such ombudsman program shall have the following duties, including,
but not limited to identifying, investigating, referring  and  resolving
complaints  that  are  made  by, or on behalf of individuals relative to
access to services provided by the office for people with  developmental
disabilities  or  care  coordination or other providers certified and/or
authorized  by  the  office  to  provide   services   to   people   with
developmental   disabilities,  and  access  to  initial  and  continuing
intellectual and developmental disability services and supports.
(c) Notices and materials provided to individuals by  the  office  for
people  with  developmental disabilities, providers of services, and the
health homes serving individuals with developmental  disabilities  shall
include  the  name,  phone number and website address of the independent
developmental disability ombudsman program established by the office for
people with developmental disabilities pursuant  to  this  section.  The
phone number shall be available for forty hours every week.
(d)  Funds  available for expenditure pursuant to this section for the
establishment  of  an  independent  developmental  disability  ombudsman
program  may  be  allocated  and  distributed by the commissioner of the
office for  people  with  developmental  disabilities,  subject  to  the
approval  of the director of the budget, but only after the commissioner
of the office for people with developmental disabilities holds a request
for  proposal  process  for  the   establishment   of   an   independent
developmental  disability  ombudsman  program.  The  commissioner of the
office for people with developmental  disabilities  shall  consider  all
competitive  proposals  submitted  through  such  request  for  proposal
process and shall determine which proposal submitted is appropriate  for
the  establishment  of an independent developmental disability ombudsman
program.  In  making  such  determination,  applicants  who  demonstrate
experience providing advocacy or assistance to people with developmental
disabilities,  or  experience  tracking and reporting on case activities
while protecting individual confidentiality shall receive deference  for
the award.
2023 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.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 36 - Addiction and Mental Health Services and Supports › 36.06 - Review of Criminal History Information.

* § 36.06 Review of criminal history information.
(a) The justice center for the protection of people with special needs
and the office of addiction services and supports shall be authorized to
jointly  receive from the division of criminal justice services criminal
history information, as  such  term  is  defined  in  paragraph  (c)  of
subdivision  one  of section eight hundred forty-five-b of the executive
law, pursuant to the authority provided under sections  19.20,  19.20-a,
and  31.35 of this chapter to facilitate a single process to review such
criminal history of and make a suitability determination for  applicants
to  be providers of services and prospective employees or volunteers who
will have regular and substantial unsupervised or unrestricted  physical
contact with the clients of a provider licensed, certified, or otherwise
authorized   under   this  article,  in  accordance  with  policies  and
procedures developed jointly by the justice center for the protection of
people with special needs and  the  office  of  addiction  services  and
supports, in consultation with the office of mental health.
(b) The justice center for the protection of people with special needs
and the office of addiction services and supports shall be authorized to
jointly  adopt  a  single  process to review the criminal history of and
make a suitability determination  for  applicants  to  be  providers  of
services  under  both  articles thirty-one and thirty-two of this title,
and prospective employees  or  volunteers  who  will  have  regular  and
substantial  unsupervised  or  unrestricted  physical  contact  with the
clients of such provider and shall  be  authorized  to  jointly  receive
criminal  history  information, as such term is defined in paragraph (c)
of  subdivision  one  of  section  eight  hundred  forty-five-b  of  the
executive law from the division of criminal justice services.
* NB Effective November 3, 2023
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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  of
federally  funded  demonstration  projects  for  treatment  of
alcoholics.
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.
2023 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.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.36 - Community Residential Facilities.

§ 41.36 Community residential facilities.
The  commissioner  of  developmental  disabilities  shall  establish a
procedure, subject to the approval of  the  state  comptroller,  whereby
payments  in  addition to the personal allowance of an individual living
in a community residential facility may be made to providers of services
for one or more of the following needs of individuals residing  in  such
facilities, limited to two hundred fifty dollars per individual per year
and paid semi-annually in the manner specified by such procedures:
(a) Replacement of necessary clothing;
(b) Personal requirements and incidental needs of individuals residing
in the facility;
(c)  Recreational  and  cultural activities of individuals residing in
the facility. Such payments may be made from monies appropriated to  the
office  for  this  purpose. Such payments shall be audited by the office
pursuant to an audit plan approved by the comptroller.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.38 - Rental and Mortgage Payments of Community Residential Facilities for the Mentally Ill.

§ 41.38 Rental and mortgage payments of community residential facilities
for the mentally ill.
(a)  "Supportive  housing" shall mean, for the purpose of this section
only, the method by which the commissioner contracts to  provide  rental
support  and  funding  for  non-clinical  support  services  in order to
maintain recipient stability.
(b) Notwithstanding any inconsistent provision of  this  article,  the
commissioner may reimburse voluntary agencies for the reasonable cost of
rental of or the reasonable mortgage payment or the reasonable principal
and interest payment on a loan for the purpose of financing an ownership
interest  in, and proprietary lease from, an organization formed for the
purpose of the cooperative ownership of real estate, together with other
necessary costs associated with rental or ownership of property,  for  a
community residence, a residential care center for adults, or supportive
housing,  under their jurisdiction less any income received from a state
or federal agency or third party insurer which is specifically  intended
to  offset the cost of rental of the facility or housing a client at the
facility, subject to the availability  of  appropriations  therefor  and
such  commissioner's  certification  of the reasonableness of the rental
cost, mortgage payment, principal and interest  payment  on  a  loan  as
provided in this section or other necessary costs associated with rental
or  ownership  of  property,  with  the  approval of the director of the
budget.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.39 - Vocational Programs; Sheltered Workshop Industrial Contract Income.

§ 41.39 Vocational  programs;  sheltered  workshop  industrial  contract
income.
(a)  The  commissioner  of  mental  health  and  the  commissioner  of
developmental  disabilities  shall, consistent with the state integrated
employment implementation plan developed pursuant to subdivision two  of
section  one  thousand  four-b  of  the  education  law,  and subject to
appropriations made therefor,  to  develop  and  support  services  that
provide  individuals  with  mental disabilities the opportunity to learn
and develop employment related skills and work experience, including but
not  limited  to   sheltered   workshops   and   integrated   employment
opportunities,  including  supported employment, as provided pursuant to
sections one thousand four-a and one thousand four-b  of  the  education
law. Such programs shall, to the extent possible:
1.  be  integrated with and not duplicate employment programs provided
through the state education department and  shall  ensure  that  funding
provided  pursuant  to this subdivision is not used for the provision of
services that are the responsibility of other state agencies pursuant to
the plan developed pursuant to subdivision two of section  one  thousand
four-b of the education law;
2.  provide  an array of rehabilitation and support services necessary
to meet the individual's vocational and career developmental needs;
3. integrate the office's vocational programs and other needed support
services  including  but  not  limited  to:   clinical,   social,   case
management,   residential   and   transportation   services   to  ensure
flexibility in meeting the needs of individuals  in  transition  between
program models; and
4.  provide  each  individual with the appropriate supports to achieve
and maintain employment in  the  most  integrated  setting  appropriate,
while maximizing each individuals personal strengths and preferences.
(b)  Notwithstanding  any  other  provisions  of  this article, income
realized by a voluntary not-for-profit agency from industrial  contracts
entered  into pursuant to its operation of a sheltered workshop shall be
matched dollar for dollar by an  office  of  the  department  of  mental
hygiene through direct contract with the agency provided that no part of
the  expenses  of such sheltered workshop are claimed through a contract
with  the  local  governmental  unit  which  is  receiving  funding  for
reimbursement  of  such  expenses from the same office of the department
provided that such sheltered workshop is operating in accordance with an
approved local services plan. In  no  event  shall  any  combination  of
income  including  state  aid exceed the total cost of operation of such
sheltered workshop.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.40 - Small Community Residential Facilities.

* § 41.40 Small community residential facilities.
The   commissioner   of  the  office  for  people  with  developmental
  disabilities is directed to submit to the governor and  the  legislature
  no  later  than January first, nineteen hundred ninety-one, a report and
  recommendations of actions necessary to  encourage  the  development  of
  small  community  residential programs including programs of ten beds or
  less. Such report and recommendations shall consider:
1. adequate operating costs associated with such facilities  for  each
  geographic region of the state;
2.  a  capital reimbursement methodology to promote and facilitate the
  development of small community residential facilities;
3. the need for individuals who are severely disabled to live in small
  community residential facilities; and
4. the need of local  providers  of  service  to  make  determinations
  regarding the size, structure and character of new community residential
  facilities  in  order  to  make  such  facilities  compatible  with  the
  character of local neighborhoods.
* NB There are 2 § 41.40
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.41 - Rights of Persons With Developmental Disabilities.

§ 41.41 Rights of persons with developmental disabilities.
1. Each person who resides in a community residence has the same basic
and  legal  rights as all other persons of the same age. Such rights are
in no  way  diminished  by  the  fact  that  such  persons  who  have  a
developmental disability live in a community residence.
2.  In  order to ensure that such residents are able to lead a life of
dignity,  the  commissioner  shall  include  in  rules  and  regulations
promulgated for community residence a statement of the rights of persons
living  in  such  community  residences  which shall include, but not be
limited to:
(a) The right to request an alternative residential setting, either  a
new  residence  or  change in roommates, and to be involved in decisions
regarding such changes.
(b)  The  right  to  privacy,  and  sufficient  space   for   personal
belongings.
(c) The right to receive visits by families, friends and guardians and
to  make  such  visits;  such right includes the right to privacy during
such visits.
(d) The right to receive and send communications freely.
(e) The right to be free from physical or psychological restraints  or
pressure, subject to the provisions of section 33.04 of this chapter.
(f)  The  right to engage in appropriate activities although some risk
may be involved.
(g) The right to a balanced and nutritious diet.
(h) The right to appropriate medical and dental care  and  the  right,
either  personally  or  through  parents  or guardians, in the choice of
physician and dentist.
(i) The right to appropriate clothing for  age  and  season,  and  the
right to be involved in the selection.
(j)  The  right  to meaningful and productive activities within his or
her capacity.
(k) The right to be informed regularly of their financial  status  and
to be provided assistance in the use of their resources, as appropriate.
(l) The right to the use of their personal money and property.
(m)  The  right  of  access  to  meaningful  recreation  and community
programs,  and  the  right  to  participate  in  the  planning  of  such
activities.
(n)  The  right  to participate in the religion of their choice, on an
individual as well as a group basis.
(o) The right to receive assistance and guidance from staff.
(p) The right to vote; and the right to participate in activities that
educate  persons  with  developmental  disabilities   in   their   civic
responsibilities.
(q)  The right to participate with staff in the establishment of house
rules.
(r) The right of the resident,  their  parents  or  guardians,  to  be
informed  of  the  resident's  rights  under law and regulation, and the
guaranty that such rights shall not be abridged.
(s) The right of the residents, their parents or guardians to  express
grievances, concerns and suggestions, without fear of reprisal.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.42 - Family Support Programs.

§ 41.42 Family support programs.
The  commissioner  of mental health, directly or through contract, and
  within amounts made available therefor, shall establish a family support
  program. The purpose of the program shall be to examine  the  impact  of
  the  provision  of  educational and support services on the incidence of
  hospitalization. Such services  shall  be  provided  to  family  members
  caring for chronically, mentally ill relatives at home and shall include
  but  not  be  limited  to  ongoing psychoeducational training which will
  enhance the family's ability to care for disabled relatives at  home  by
  assisting  them  in  understanding  the  nature  and cause of the mental
  illness and providing them with the knowledge of strategies for handling
  the symptoms and behavior of disabled family members.  The  commissioner
  may  authorize  the  development  of  a training curriculum, and a staff
  training program to implement this program and to design and  carry  out
  an evaluation of this program.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.45 - Development Grants for Residential Care Centers for Adults.

§ 41.45 Development grants for residential care centers for adults.
The commissioner of mental health is authorized, within appropriations
  made  therefor, to make grants to local governmental units and voluntary
  agencies for up to one hundred percent of the reasonable pre-operational
  costs associated with efforts to establish residential care centers  for
  adults, including legal fees and initial management staffing.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.46 - Disclosure by Members, Officers and Employees.

§ 41.46 Disclosure by members, officers and employees.
In  the  event  that  an agency licensed by the office for people with
  developmental disabilities, the office of mental health or the office of
  alcoholism and substance abuse services enters into an agreement or  has
  entered  into  an  agreement  for the purchase, lease, rehabilitation or
  improvement of real property or a cooperative share  in  real  property,
  any  employee who receives an annual salary in excess of thirty thousand
  dollars, or any board member, or officer of such agency who has a direct
  or indirect interest either financial or  beneficial  in  such  property
  including  the  interest  of any person for whom he or she is related by
  consanguinity or affinity, shall disclose such  interest  prior  to  the
  making of such agreement or at the time of acquisition of such interest.
  Disclosure  pursuant  to  this  section  shall be made in writing to the
  board of directors of such agency and shall indicate the material  facts
  as to the member's, officer's, employee's or relative's interest in such
  property  or  cooperative share. Such disclosure shall be filed with the
  secretary of the corporation and entered on the minutes of a meeting  of
  the  board.  Such  disclosure  shall also be forwarded in writing to the
  appropriate commissioner and to the director of  community  services  of
  the  local  governmental  unit  within which the property or cooperative
  share is located prior to the approval of public funding related to  the
  property  or  cooperative  share which is the subject of disclosure made
  pursuant to this section or at the  time  of  the  acquisition  of  such
  interest, whichever occurs later.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.48 - Real Property Acquisition Options.

§ 41.48 Real property acquisition options.
(a)  Notwithstanding  any  inconsistent  provision of this article and
within appropriations made therefor, the commissioners of the office  of
mental  health and the office for people with developmental disabilities
are authorized upon the  application  of  voluntary  agencies,  to  make
payments  for  the reasonable price of options to acquire an interest in
real property, for  the  purpose  of  establishing  a  community  mental
hygiene  facility.  Such applications shall be made in the manner and on
forms prescribed  by  the  appropriate  commissioner.  Sellers  of  real
property  who  are  required  to  disclose financial or other beneficial
interests in such property under section 41.46 of this article shall not
be eligible to receive payments under this section.
(b) The comptroller is authorized, pursuant  to  section  one  hundred
fifteen  of  the  state finance law, to establish a cash advance account
for the purpose of payment of options under this section. Such  payments
may  only  be  made  by a bonded employee, designated by the appropriate
commissioner,  from  the  cash  advance  account  established  for  such
purpose.
(c)  As used in this section the term "reasonable price" shall mean an
amount that is not in excess of guidelines developed by the commissioner
of the office of mental health or the commissioner  of  the  office  for
people  with  developmental disabilities and approved by the director of
the budget and the state comptroller.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.50 - Development Grants for Comprehensive Psychiatric Emergency Programs.

* § 41.50 Development  grants  for  comprehensive  psychiatric emergency
programs.
The commissioner of mental health may, subject to the approval of  the
  director  of  the  budget,  make  grants  to  local  governmental units,
  voluntary agencies, and general hospitals licensed pursuant  to  article
  twenty-eight  of the public health law, for up to one hundred percent of
  the reasonable preoperational costs associated with efforts to establish
  comprehensive  psychiatric  emergency  programs,  including   reasonable
  professional   fees,  reasonable  and  necessary  fees  paid  to  secure
  financing, other fees for  services  which  are  necessary  for  project
  development,   initial   staffing,   furniture,   equipment,  reasonable
  rehabilitation costs, and other reasonable development costs approved by
  the commissioner of mental health.
* NB Repealed July 1, 2027
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.51 - State Aid for Costs of Comprehensive Psychiatric Emergency Programs.

* § 41.51 State  aid  for  costs  of comprehensive psychiatric emergency
programs.
(a) Notwithstanding any inconsistent provision of this article,  local
governments  may  be  granted  state aid, subject to appropriations made
therefor, for up to one hundred  percent  of  the  net  operating  costs
incurred  during  the local fiscal year by such local governments, or by
voluntary agencies pursuant to contract with such local governments, for
the operation of comprehensive psychiatric emergency  programs  licensed
by the commissioner of mental health.
(b)  The commissioner of mental health may, subject to the approval of
the director of the budget, directly  contract  with  general  hospitals
licensed  pursuant  to article twenty-eight of the public health law, to
reimburse  approved  operating  and  capital  costs   of   comprehensive
psychiatric  emergency  programs  operated  by  such  general hospitals.
Before entering into a direct contract  with  a  general  hospital,  the
commissioner  shall  notify  each local governmental unit located within
the program's  catchment  area  and  give  the  director  of  the  local
governmental  unit  an  opportunity  to  appeal the need for such direct
contract. Such appeals shall be informal in  nature  and  the  rules  of
evidence shall not apply.
* NB Repealed July 1, 2027
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.52 - Community Residential Services for Alcoholism.

§ 41.52 Community residential services for alcoholism.
(a)  The  commissioner  of  alcoholism and substance abuse services is
authorized,  within  appropriations  made  therefor,  to   establish   a
continuum of community residential services for alcoholism.
(b)  The  commissioner shall establish standards for the operation and
funding of community residential services, including but not limited to:
(1) criteria for admission to and continued residence in each type  of
community residence;
(2) periodic evaluation of services provided by community residences;
(3) staffing patterns for each type of community residence; and
(4)  guidelines  for determining state aid to community residences, as
described in subdivision (c) of this section.
(c) Within amounts  available  therefor  and  subject  to  regulations
established by the commissioner and notwithstanding any other provisions
of  this  article,  the  commissioner  may  provide  state  aid to local
governments and to voluntary agencies in an amount  up  to  one  hundred
percent  of  net  operating costs of community residences for alcoholism
services. The commissioner shall establish  guidelines  for  determining
the  amount  of  state  aid  provided  pursuant  to  this  section.  The
guidelines shall be designed  to  enable  the  effective  and  efficient
operation  of such residences and shall include, but need not be limited
to, standards for determining anticipated revenue, for retention and use
of  income  exceeding  the  anticipated  amount  and   for   determining
reasonable  levels  of uncollectible income. Such state aid to voluntary
agencies shall not be granted unless the proposed community residence is
consistent with the relevant local services  plan  adopted  pursuant  to
section 41.18 of this article.