reglab/statecodes huggingface dataset:
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.53 - Community Residence Development Grants for Alcoholism Services.

§ 41.53 Community residence development grants for alcoholism services.
(a)  The  commissioner  of  alcoholism and substance abuse services is
authorized, within appropriations made therefor, to make grants to local
governmental  units  and  voluntary  nonprofit  agencies  developing  an
alcoholism community residence as defined in subdivision thirty-eight of
section  1.03  of  this  chapter.  Such  grants  shall be limited to the
development costs  incurred  prior  to  the  operation  of  a  community
residence. Development costs which may be eligible for up to one hundred
percent reimbursement under this grant include:
(1) reasonable legal and other professional fees;
(2) initial staffing;
(3) up to six months rent;
(4) furniture; and
(5)  reasonable  rehabilitation costs within guidelines established by
the division of the budget.
(b) Application for grants shall be made in the manner  and  on  forms
prescribed  by  the  commissioner.  The  commissioner  shall establish a
schedule, subject to the approval of the director of the division of the
budget, indicating  the  maximum  development  cost  per  bed  for  such
community  residences.  Such  schedule  may  include  varying  rates for
distinct geographic areas of the state, if in the determination  of  the
commissioner  the location of an eligible community residence has direct
bearing on the level of development costs.  The  commissioner  may  also
establish  varying  rates  based  on  the  size of an eligible community
residence.
(c) No grant will be awarded by the commissioner if the projected  per
bed  development  cost  for the community residence exceeds the schedule
established in subdivision (b) of this section.
(d) No such grant will be awarded unless the  community  residence  is
consistent with the local services plan, pursuant to this article.
(e)  The  state comptroller, or his legally authorized representative,
is authorized and empowered to examine the books  and  accounts  of  the
offices  relating to program development grants and from time to time to
examine the books and  accounts  of  each  local  governmental  unit  or
voluntary   nonprofit   agency  receiving  such  grants,  including  its
receipts, disbursements, contracts, leases, loans and any  other  moneys
relating to its financial operation.
(f)  Payments  pursuant to this section shall be made in lieu of state
aid for operating costs payable pursuant to any other provision of  this
article.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.54 - Roles and Responsibilities of Certain Board Members.

* § 41.54 Roles and responsibilities of certain board members.
Within   appropriations   made   therefor,  the  commissioner  of  the
  appropriate office within the department of mental hygiene shall provide
  appropriate  information  to  members  of   boards   of   directors   of
  organizations  licensed to provide services to mentally disabled persons
  relevant to their appropriate roles and responsibilities as  members  of
  such  boards  as defined in applicable laws, rules and regulations. This
  information may be in the form of a training manual  made  available  to
  such boards of directors.
* NB There are 2 § 41.54's
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.54*2 - Employee Assistance Programs.

* § 41.54 Employee assistance programs.
(a)  The director of the division of alcoholism and alcohol abuse may,
within appropriations made therefor, provide assistance in  establishing
and maintaining employee assistance programs.
(b)  Such assistance may be provided to a consortium, a not-for-profit
corporation that provides employee assistance program services to two or
more of the following:
(1) an employer of less than seven hundred fifty employees;
(2) a labor organization;
(3) a professional organization;
(4) a community organization; or
(5) an employer of an economically distressed industry or  located  in
an economically distressed region, or a business owned by or employing a
high proportion of women or minorities.
(c) The division of alcoholism and alcohol abuse shall adopt rules and
regulations   to   effectuate   the   provisions  of  this  section,  in
consultation with other  appropriate  state  agencies.  Such  rules  and
regulations  shall  include,  but not be limited to, provisions relating
to:
(1) the establishment of  an  advisory  board,  which  shall  work  in
consultation with the advisory council on alcoholism and substance abuse
services,  and  whose  membership  shall include, but not be limited to,
individuals   from   the   occupational   programs,   professions    and
representatives  of  small businesses and labor organizations, and whose
duties shall include, but not be limited to, recommendation of  criteria
for funding, and methods of determining program accountability;
(2)  procedures  for approval of funding for a program, including, but
not  limited  to,   elements   necessary   for   the   development   and
implementation  of,  and  qualifications  necessary for the staffing of,
employee assistance program services;
(3) criteria for the confidentiality and maintenance of records; and
(4) minimum program standards  for  the  operation  of  effective  and
appropriate employee assistance programs.
(d)  Within  amounts  available  therefor  and  subject to regulations
established by the commissioner and notwithstanding any other provisions
of this article, financial assistance to an employee assistance  program
shall  not exceed eighty-five percent of the non-capital expenditures of
the program's first year of operation for such year, seventy percent  of
such  expenditures  for  the  program's  second year of operation, fifty
percent for the program's third year of operation, and thirty percent of
such expenditures for the fourth year of  operation.  No  program  shall
receive  financial aid under this section after completion of the fourth
year.
(e) Applications for assistance shall be made in the manner prescribed
by the director.
* NB There are 2 § 41.54's
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.57 - Compulsive Gambling Education and Treatment Program.

§ 41.57 Compulsive gambling education and treatment program.
Notwithstanding any inconsistent provisions of this article and within
  amounts  made  available  therefor by appropriation, the commissioner is
  authorized  to  develop,  expand,  operate  or  cause  to  be   operated
  compulsive  gambling  education and treatment programs. The commissioner
  may employ any consultants deemed necessary to effectuate the purpose of
  this section and enter into contract with any not-for-profit corporation
  for provision of appropriate services. On the thirtieth day  of  January
  after  the  effective  date  of  this section and each January thirtieth
  thereafter, the commissioner  shall  submit  to  the  governor  and  the
  legislature  a  report  detailing the implementation of this section and
  making recommendations for future  development  of  compulsive  gambling
  education and treatment programs.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 43 - Fees for Services › 43.01 - Fees and Rates for Department Services.

§ 43.01 Fees and rates for department services.
(a)  The department shall charge fees for its services to patients and
residents, provided, however, that no person shall  be  denied  services
because of inability or failure to pay a fee.
(b)  The  commissioner  may establish, at least annually, schedules of
rates for inpatient services that reflect the costs of  services,  care,
treatment,   maintenance,  overhead,  and  administration  which  assure
maximum recovery of such costs.
In addition,  the  commissioner  may  establish,  at  least  annually,
schedules  of  fees for noninpatient services which need not reflect the
costs  of  services,  care,  treatment,   maintenance,   overhead,   and
administration.
(c) The executive budget, as recommended, shall reflect, by individual
facility, the costs of services, care, treatment, maintenance, overhead,
and administration.
(d)  All  schedules  of  fees  and  rates which are established by the
commissioner, shall be subject to the approval of the  director  of  the
division  of  the budget. Immediately upon their approval, copies of all
schedules of fees and rates established pursuant to this  section  shall
be  forwarded  to  the chairman of the assembly ways and means committee
and the chairman of the senate finance committee.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 43 - Fees for Services › 43.05 - Securing Financial Information.

§ 43.05 Securing financial information.
(a)  A  person  who applies for the reduction or waiver of fees on the
ground of inability to pay shall disclose all assets and  shall  file  a
release to permit the department to investigate resources and assets and
to verify statements made in the application.
(b)  The  commissioner  or  his authorized representatives may develop
sufficient financial information through investigations and  shall  have
the  power  to initiate proceedings in a court of competent jurisdiction
to discover property, including the examination and  inventory  of  safe
deposit  boxes leased by a patient, and to otherwise secure payment from
all patients or persons liable for them.
(c) Banking organizations, insurance companies, brokers,  fiduciaries,
business   managers,   guardians,  trustees,  representative  payees  of
resources and assets of a patient, or  any  relative  or  person  having
knowledge  of any resources and assets of a patient, upon request of the
commissioner  or  his  authorized  representative,  shall  furnish  full
information  on  the  resources and assets of a patient or of any person
legally responsible for the support of a patient.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 43 - Fees for Services › 43.07 - Bill Collection Procedures.

§ 43.07 Bill collection procedures.
(a)  The  commissioner may enter into agreements with the patient or a
person liable for him pursuant to this chapter  to  assure  the  regular
payment of fees.
(b)  The  commissioner may collect bills not paid within sixty days of
presentment or pursuant to agreement by the enforcement  of  liens,  the
initiation of suit against liable parties to recover amounts due, or the
initiation of suit to enforce an agreement.
(c)  An  action  to  collect  fees  due pursuant to this chapter shall
commence within six years from the accrual of the cause of action.  This
cause of action accrues when the fees become due.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 43 - Fees for Services › 43.09 - Certain Transactions Void.

§ 43.09 Certain transactions void.
A  transaction  between a patient or person liable for him and another
  which is intended to avoid liability under this article is void and  any
  person  benefiting  from  such a transaction shall be liable for fees to
  the extent of the value of the resources involved.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 43 - Fees for Services › 43.11 - Refunds.

§ 43.11 Refunds.
Payments  received by the commissioner pursuant to this chapter may be
  refunded if they were:
1. in excess of the actual fee charged; or
2. charges for services which were not rendered; or
3. received from the funds of a patient or another  person  which  are
  not available for payment of fees or received for services for which the
  patient or other person paying the fees is not legally liable.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 43 - Fees for Services › 43.12 - Electronic Submission of Periodic Cost Reports to the Office for People With Developmental Disabilities.

§ 43.12 Electronic submission of periodic cost reports to the office for
people with developmental disabilities.
Notwithstanding  any  provision  of  law,  rule  or  regulation to the
  contrary, every operator of a facility which is licensed by  the  office
  for  people  with  developmental disabilities (hereinafter "office") and
  every provider of services which is subject to the regulation or control
  of the office shall submit electronically, via the internet, any  annual
  cost  report which is required to be submitted to the office pursuant to
  the provisions of section 43.02  of  this  article  and  any  rules  and
  regulations  promulgated thereunder and any other required periodic cost
  report or accounting which may be  prescribed  by  the  commissioner  of
  developmental disabilities as subject to such electronic submission. The
  office  shall  publish  and  make  available at all times on its website
  instructions for the submission of such reports or accountings  via  the
  internet,  including  instructions  relating to the use of an electronic
  signature as may  be  required  by  the  commissioner  of  developmental
  disabilities  which  signature  shall  be  subject  to, and submitted in
  accordance with, the provisions of the  state  technology  law  and  any
  rules  and  regulations promulgated thereunder. Any operator or provider
  of services that is unable to submit such cost report or  accounting  in
  accordance  with  this  section  may apply for a waiver of such required
  submission from the  commissioner  of  developmental  disabilities.  The
  commissioner  of  developmental  disabilities may grant a waiver for any
  given submission to such operator or provider of services for good cause
  shown and may grant a general waiver to all operators  or  providers  of
  services  with  respect  to  any  required  submission. On and after the
  effective date of this section, any contract entered  into  between  the
  office  and  a  provider  of  services  which  involves the provision of
  services to persons with developmental disabilities and  which  contains
  provisions  that  require  the  submission  of  any  periodic  report or
  accounting may also contain provisions that require  the  submission  of
  any  periodic  cost report or accounting required under such contract to
  be submitted electronically as set forth in this section.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 47 - Mental Hygiene Legal Service › 47.01 - Mental Hygiene Legal Service.

§ 47.01 Mental hygiene legal service.
(a) There shall be a mental hygiene legal service of the state in each
judicial  department.  The  service  shall  provide  legal assistance to
patients or residents of a facility as defined in section 1.03  of  this
chapter,  patients  or  residents  of  residential healthcare facilities
licensed and operating pursuant to article twenty-eight  of  the  public
health law who have been admitted directly from a facility as defined in
section  1.03  of  this chapter and who have a serious mental illness as
defined in section 1.03 of  this  chapter  and  are  receiving  services
related  to  such  illness,  or  any  other  place  or facility which is
required to have an operating certificate pursuant to article sixteen or
thirty-one of this chapter, and to persons alleged to be in need of care
and treatment in such facilities or places, and to persons  entitled  to
such  legal  assistance  as provided by article ten of this chapter. The
head of such service in each judicial department and such assistants and
such staff as may be necessary shall be appointed and may be removed  by
the  presiding  justice  of  the  appellate  division  of  the  judicial
department. Appointments and transfers to the service shall comply  with
the provisions of the civil service law. Standards for qualifications of
the  personnel  in  the  service  shall  be established by the presiding
justice of the  appellate  division  of  the  judicial  department.  The
presiding  justice  of the appellate division of the judicial department
shall promulgate such rules  or  regulations  as  may  be  necessary  to
effectuate the purposes of this article.
(b)  No  court,  judge  or  justice  exercising responsibility for the
administration of the courts pursuant to section twenty-eight of article
six of the constitution shall be disqualified in any judicial proceeding
brought pursuant to this article solely  by  reason  of  the  fact  that
administrative  responsibilities with respect to the service are imposed
herein.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 61 - Federal Aid › 61.01 - Receipt and Disbursement of Federal Funds.

§ 61.01 Receipt and disbursement of federal funds.
(a)  The  commissioner  or  his authorized representative may receive,
use, or distribute federal financial or technical assistance to  support
construction,  research,  staffing,  or  other programs or activities in
mental health, developmental disabilities, alcoholism, or drug addiction
appropriated under  federal  health,  mental  health,  or  developmental
disabilities   legislation   or   regulations  or  under  other  federal
legislation or regulations which  provide  assistance  to  the  mentally
disabled,   including  but  not  limited  to  vocational  rehabilitation
programs,  alcoholism  programs,  drug   addiction   programs,   poverty
programs, or special programs for children or the aged.
(b) The commissioner may promulgate rules and regulations to implement
any  provision  of  state  or federal law involving the receipt, use, or
disbursement of federal financial or technical assistance.
(c) The department of taxation and finance shall be the  custodian  of
federal  financial  assistance granted or allocated to the department by
the United States. Funds shall be paid out on the audit and  warrant  of
the comptroller on the certificate of the commissioner or his authorized
representative.
(d)  Subject  to  the  rules  and regulations of the commissioner, any
funds made available to the  department  by  the  United  States  or  by
another  state  agency  as a federal allotment to be administered by the
department may be disbursed by  it  to  a  local  government,  voluntary
non-profit  agency, educational agency, or person properly authorized to
receive funds in fulfillment of the purposes of appropriate  federal  or
state  legislation  for  the  provision  of  services,  construction  of
facilities,  research,  staffing,  training,  or  related  programs   or
activities.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 61 - Federal Aid › 61.03 - Department Is Authorized State Agency.

§ 61.03 Department is authorized state agency.
The  department  shall  be  the  authority,  when  designated  by  the
  governor, to supervise and administer financial or technical  assistance
  as  the  designee  under  a  state plan or as may be required by federal
  legislation making such assistance available for programs or  activities
  in   mental   health,   developmental   disabilities,  alcoholism,  drug
  addiction, and other  areas  under  the  department's  jurisdiction  and
  control.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 61 - Federal Aid › 61.05 - Advancement of State Mental Health and Developmental Disabilities Programs Through Intergovernmental Cooperation.

§ 61.05 Advancement   of   state   mental   health   and   developmental
disabilities programs through intergovernmental cooperation.
The commissioner may promote state programs or  activities  in  mental
  health,  developmental  disabilities,  alcoholism,  drug  addiction, and
  other areas within the scope of  the  department's  activities  and  may
  cooperate  with  the  federal government, local governments, other state
  governments, other state agencies, and nongovernmental organizations  to
  fulfill the objectives and purposes of this chapter.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 67 - Interstate Relations › 67.03 - Residents.

§ 67.03 Residents.
(a)  For  the  purposes  of this article any person who resides in the
state continuously for one year, and any person under the age of sixteen
or any person with a developmental disability whose parents  or  persons
having  legal  custody of him have resided in the state continuously for
one year, shall be considered a state resident.  Residence  so  acquired
continues  until  the  resident has remained away from the state for one
year.
(b) No person shall lose state  residence  through  absence  from  the
state  while  serving  in  or attached to the armed forces of the United
States or the United States Merchant Marine and no member of the  family
of  any  such person shall lose state residence through absence from the
state while living with  or  near  such  person  during  the  period  of
service.
(c)  The  continuous  residence required to become a resident does not
include any period during which a person  was  residing  on  a  military
reservation,  but  periods of residence immediately before and after the
period of residence on a military reservation,  if  equaling  one  year,
shall satisfy the required period of continuous residence.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 67 - Interstate Relations › 67.05 - Nonresidents.

§ 67.05 Nonresidents.
(a) The commissioner may enter into reciprocal agreements or establish
compacts with other states, commonwealths, territories or possessions of
the  United  States,  or  their political subdivisions, for the care and
treatment of nonresidents in this state or for their prompt  and  humane
return under proper supervision to their place of residence.
(b)  A  mentally  disabled nonresident in a department facility may be
returned to his place of residence unless:
1. the applicable provisions of  a  compact  or  reciprocal  agreement
provide otherwise; or,
2. the action would cause him and his family undue hardship.
(c)  Upon  the request of any mentally disabled patient or of a person
acting in his behalf and with the patient's consent, the patient may  be
transferred or released to any country, state, or place.
(d)  When  necessary  for the well-being of the patient or the public,
the commissioner shall  employ  nurses  or  attendants  to  accompany  a
mentally  disabled  patient  who  is  being  transferred  or released to
another jurisdiction pursuant to this section. Mentally disabled females
shall be accompanied by female nurses or attendants.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 67 - Interstate Relations › 67.08 - Patient Transfer to Foreign Nation.

§ 67.08 Patient transfer to foreign nation.
(a)  The commissioner, or his or her designee, shall have the sole and
absolute authority to approve or disapprove a  patient  application  for
transfer  to  a  foreign  nation  pursuant  to  the  Council  of  Europe
Convention  on  the  Transfer  of  Sentenced  Persons  (COE)  or   other
applicable international treaty, where:
(1)  Such applicant has been committed to and placed in the custody of
the department upon a verdict of not responsible  by  reason  of  mental
disease  or  defect pursuant to section 330.20 of the criminal procedure
law;
(2) Such applicant has indicated a willingness and desire for transfer
to a foreign nation in writing on a form prescribed by the  commissioner
or,  the  commissioner  at  the request of a patient's legal guardian or
attorney can indicate a desire for transfer if the patient is unable  to
indicate their willingness and desire on their own; and
(3)  The  transfer nation is either a "treaty nation" under the COE or
any other nation with which the United States has  a  prisoner  transfer
treaty  that  permits  the  transfer of persons committed to psychiatric
institutions after a verdict of not  responsible  by  reason  of  mental
disease or defect.
(b)  If a request for transfer is approved by the commissioner, or his
or her designee, facility staff shall  assist  in  the  preparation  and
submission  of  all  materials  and  forms  necessary  to effectuate the
person's request for transfer to the United States department of justice
for purposes of  finalization  of  the  transfer  process,  including  a
verification  proceeding  before  a  United States district court judge,
United States magistrate or other appointed United  States  official  to
assure and document the applicant's voluntary request for transfer.
(c)  The  commissioner  shall promulgate rules and regulations setting
forth the procedures to notify  patients  and  where  applicable,  their
legal  guardian  or attorney, of their rights under this section and the
procedure by which a patient may apply to be considered for transfer  to
a  foreign  nation.  Nothing  herein shall be construed to confer upon a
patient a right to be transferred to a foreign nation.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 67 - Interstate Relations › 67.09 - Medicaid Home and Community Based Services Eligibility for Dependants of Certain Military Service Members.

§ 67.09 Medicaid  home  and  community  based  services  eligibility for
dependents of certain military service members.
(a) A dependent of a member of the armed forces of the  United  States
or  the  organized militia of the state, who is a legal resident of this
state,  having  previously  been   determined   to   be   eligible   for
developmental disability services provided by the office for people with
developmental  disabilities  (OPWDD), including waiver services provided
under the home and community based services  programs  authorized  under
Section 1915(c) of the Social Security Act, shall retain eligibility for
those  developmental  disability services as long as he or she remains a
legal resident of the state, regardless of having left the state due  to
the  service member's military assignment outside the state, and as long
as he or she is otherwise eligible for such services.
(b) For dependents who received developmental disability services  and
who  left  the  state  due  to  the  military  service member's military
assignment outside the state, upon the dependent's return to  the  state
and when a request for services is made OPWDD shall:
(1)  determine  the  dependent's  eligibility  for services, which may
include a request for  waiver  services  provided  under  the  home  and
community  based  services  programs authorized under Section 1915(c) of
the Social Security Act;
(2) provide to the dependent  notification  of  the  determination  of
eligibility  for  services,  which  includes notification of a denial of
services if applicable;
(3)  provide  the  dependent  an  opportunity   to   contest   OPWDD's
determination through the appeals process established by OPWDD; and
(4) resume services if the individual remains eligible.
(c)  As  a  condition  of  continued  eligibility  for  services under
subdivision (a) of this section, a depended must inform OPWDD  of  their
current address and provide updates as requested by OPWDD.
(d)  No  payment  pursuant  to this section shall be made for home and
community based services provided outside the State of New York.
(e) For  purposes  of  this  section,  "dependent"  shall  be  defined
consistent with the federal tax code.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.03 - Policy and Purposes of Article.

§ 75.03 Policy and purposes of article.
It is hereby declared that the provision of new and improved community
  facilities  is  necessary  to  care for the increasing number of persons
  afflicted with mental disability.  Such  facilities  should  be  located
  close  to  the  people  they  serve in order to speed rehabilitation and
  restoration and  to  provide  for  out-patient  care,  in-patient  care,
  including  after  care,  diagnostic  and  rehabilitative  services,  and
  residential accommodations for operation  as  hostels.  Such  facilities
  should  supplement  the  services  provided  by the commissioner and the
  department of mental hygiene and  should  be  available  to  cities  and
  counties  operating approved community services programs pursuant to the
  provisions of article eleven of this chapter.
It is hereby further declared that non-profit corporations  should  be
  created  to  construct,  acquire,  reconstruct,  rehabilitate,  own, and
  operate such facilities and that provision should be made  for  mortgage
  loan  participation  by  a  lending  institution  or  the New York state
  housing finance agency in order to insure that the full resources of the
  private enterprise sector of the economy may be made available for  this
  purpose; that there is a need for public assistance to such corporations
  by  the granting of tax exemption; that it is the policy of the state to
  promote  the  provision  of  community  facilities  by  such   nonprofit
  corporations; and that such provision is a public use and purpose.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.07 - Companies; How Created.

§ 75.07 Companies; how created.
Notwithstanding  the provisions of any other law or requirement to the
  contrary, companies shall be incorporated and organized pursuant to  the
  not-for-profit corporation law and this article.
In  addition  to  those  matters  required  to  be  set  forth  in the
  certificate of incorporation by the not-for-profit corporation law,  the
  certificate shall state:
1.  That, among the purposes for which it is formed, the company is to
  plan, construct, acquire,  alter,  reconstruct,  rehabilitate,  improve,
  own,  maintain,  and  operate  one  or  more  projects  pursuant to this
  article.
2. The number of directors, which shall be not  less  than  three  nor
  more  than  fifteen.  Directors  shall  be elected by the members of the
  company.  One additional director may be designated by the commissioner.
  In the absence of fraud or bad  faith  the  director  appointed  by  the
  commissioner  shall not be personally liable for the debts, obligations,
  or liabilities of the company.
3.  That  the  real  property  of  the  company  shall  not  be  sold,
  transferred,   encumbered,  or  assigned  except  as  permitted  by  the
  provisions of this article.
4. That the company has been organized exclusively to serve  a  public
  purpose  and  that it shall be and remain subject to the supervision and
  control of the commissioner pursuant to the provisions of  this  article
  and all applicable laws and regulations.
5.  That  all  income  and  earnings  of  the  company  shall  be used
  exclusively for its corporate purposes.
6. That no part of the net income or net earnings of the company shall
  inure to the benefit or profit  of  any  private  individual,  firm,  or
  corporation.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.09 - Approval of Commissioner.

§ 75.09 Approval of commissioner.
Whenever  any  such certificate shall be presented to the secretary of
  state, he shall not file  such  certificate  unless  there  is  endorsed
  thereon  or  annexed thereto the written approval of the commissioner in
  accordance with section 13.22 of this chapter; nor shall  any  amendment
  to the certificate of incorporation be filed unless it is accompanied by
  a certificate of the commissioner approving such amendment.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.15 - Members, Officers, and Directors.

§ 75.15 Members, officers, and directors.
No  member  or director of a company shall receive any salary or other
  compensation for  services  as  such  member  or  director,  other  than
  reimbursement   of   actual  and  necessary  expenses  incurred  in  the
  performance of his duties. No member, officer, or employee of a  company
  shall  acquire any interest, direct or indirect, in any property then or
  thereafter included or planned to be included in a project,  nor  retain
  any  interest, direct or indirect in any property acquired subsequent to
  his appointment or employment which is later included or planned  to  be
  included  in  a  project.  If  any  member,  officer, or employee of any
  company owns or  controls  an  interest,  direct  or  indirect,  in  any
  property  included  in  a  project,  which  was  acquired  prior  to his
  appointment or employment, he shall disclose such interest and the  date
  of  acquisition  thereof  in  writing to the company and such disclosure
  shall be entered upon the minutes of the company.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.17 - Mortgage Loans.

§ 75.17 Mortgage loans.
(a) Any company formed under this article may, subject to the approval
of  the  commissioner,  borrow  funds  from  the  New York state housing
finance agency and secure the repayment thereof  by  bond  or  note  and
mortgage  which shall contain such terms and conditions as may be deemed
necessary or desirable by the New York state housing finance  agency  or
required  by  any  agreement  between the New York state housing finance
agency and the holders of its notes  and  bonds  with  respect  to  such
companies, including the right to assignment of rates and fees and entry
into  possession  in case of default, but the operation of such project,
in the event of such entry, shall be subject to regulations  promulgated
by the commissioner.
(b)  The  New York state housing finance agency may make a contract to
make loans to companies not to exceed the total project cost.  Any  such
loan  shall  be  secured  by  a  first  mortgage  lien upon all the real
property and improvements of which the project  consists  and  upon  all
fixtures  and  articles  of  personal  property  attached  to or used in
connection   with   the   construction,   acquisition,   reconstruction,
rehabilitation, improvement, or operation of the project.
(c) Any inconsistent provision of law to the contrary notwithstanding,
mortgages of a company shall be exempt from the mortgage recording taxes
imposed by article eleven of the tax law.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.19 - Conditions and Security for Loans.

§ 75.19 Conditions and security for loans.
No  loan shall be made by the New York state housing finance agency to
  a company until the commissioner has  approved  the  project  and  finds
  that:
1. The company has complied with all of the provisions of this article
  and all applicable laws and regulations;
2. There is a need for a project of the type proposed in the region to
  be  served  and  that  the services and facilities to be provided by the
  project are consistent with such need;
3. The local governmental unit in the city  or  county  in  which  the
  project is located has certified that the project is consistent with its
  plan for the provision of services for the mentally disabled;
4.  The  plans  and  specifications conform to the requirements of all
  laws and regulations applicable thereto and assure adequate light,  air,
  sanitation, and fire protection and are satisfactory to him;
5.  The  estimated  revenue of the project will be sufficient to cover
  all probable costs of operation and maintenance, of  fixed  charges  and
  such  reserves  as  may be authorized by the commissioner or required by
  the New York state housing finance agency;
6. Provision has been made  for  the  purpose  of  providing  for  the
  payment  of  the  difference, if any, between the estimated project cost
  and the mortgage loan; and in the event the  final  project  cost  shall
  exceed  the  estimated  project  cost, the difference between such final
  project cost and the mortgage loan;
7. Provision has been made for the filing  by  the  company  with  the
  commissioner  and  the  New  York  state  housing finance agency of such
  financial statements including  an  annual  report  setting  forth  such
  information as the commissioner may require; and
8. Provision has been made for the examination by the commissioner and
  the  New  York  state housing finance agency of the books and records of
  the company.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.21 - Rates and Fees.

§ 75.21 Rates and fees.
A  company  shall,  with the approval of the commissioner, fix maximum
  rates and fees to be charged in-patients or out-patients of each project
  for the  facilities  and  services  provided  by  the  company  to  such
  in-patients  or out-patients, the average of such rates and fees for any
  one project not to exceed the maximum average rates and fees  determined
  by  the  commissioner before any commitments are made by the company for
  the  construction,  acquisition,  reconstruction,   rehabilitation,   or
  improvement  of  the  project.  The commissioner upon his own motion, or
  upon application by the company or lienholder may  vary  the  amount  of
  such rates and fees from time to time so as to secure, together with all
  other   income  of  the  company,  sufficient  income  to  meet,  within
  reasonable limits, all necessary payments by the  said  company  of  all
  expenses, including fixed charges, sinking funds, and reserves.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.23 - Transfer of Real Property.

§ 75.23 Transfer of real property.
Notwithstanding  any  requirement  of  law  to  the  contrary  or  any
  provision of any general, special or local law,  charter  or  ordinance,
  every  executor,  administrator,  trustee,  guardian,  or  other  person
  holding trust funds or  acting  in  a  fiduciary  capacity,  unless  the
  instrument  under  which such fiduciary is acting expressly forbids, and
  the state, its subdivisions, municipalities, all  other  public  bodies,
  all  public  officers, persons, partnerships, and corporations owning or
  holding any real property, may grant, sell, lease, or otherwise transfer
  any such real property or interest therein to a company and receive  and
  hold  any  cash, exchanged therefor by such company and may execute such
  instruments and do such acts as may be deemed necessary or desirable  by
  them  or  it and by the company in connection with a project or projects
  and such sale, lease, or transfer may be made without public auction  or
  bidding;  provided,  however, that where such real property is within an
  urban renewal area, the disposition thereof shall be in accordance  with
  the  provisions  of  paragraph  (d)  of  subdivision two of section five
  hundred seven of the general municipal law.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.25 - Supervision and Regulation.

§ 75.25 Supervision and regulation.
(a)  The  commissioner  may  from time to time make, alter, amend, and
repeal  rules  and  regulations  for   the   supervision,   examination,
regulation,  and  audit  of  companies  and for carrying into effect the
provisions and purposes of this article, and each company  shall  submit
an annual report of its operations to the commissioner, and the New York
state  housing  finance  agency or a lending institution if the mortgage
loan was received from such lending  institution  who  may  examine  and
audit the books and records of the company at any time.
(b)  The  commissioner and the department of mental hygiene shall have
power to act for and in behalf of the agency in servicing  the  mortgage
loans  of  the  agency,  and  to  perform such functions and services in
connection with the making, servicing, and collection of such  loans  as
shall be requested by the agency.
(c)  Notwithstanding  any  inconsistent  provision  of law, general or
special,  the  health  and   mental   hygiene   facilities   improvement
corporation  is  hereby authorized and empowered to render such services
as may be requested by  the  commissioner  in  the  performance  of  his
duties,  powers,  and  functions  pursuant  to  the  provisions  of this
article. The commissioner shall reimburse the health and mental  hygiene
facilities  improvement corporation for the actual and necessary cost of
all services so performed.
(d) 1. The commissioner and the department of mental hygiene may, with
respect to any project of which  the  New  York  state  housing  finance
agency  has  acquired the fee or otherwise, enter into an agreement with
said agency subject to the approval of the director of the  budget,  for
the department of mental hygiene, as provided in paragraph (two) hereof,
to  operate the said project in a manner consistent with the purposes of
this article.  In  such  event,  the  commissioner,  on  behalf  of  the
department  of mental hygiene, shall have the power to use any available
funds to pay all operating expenses and to comply with all the terms and
provisions of  the  mortgage,  as  though  the  mortgage  had  not  been
foreclosed, and to comply with the provisions of this article.
2.  Subject  to  the provisions of the agreement with said agency, the
commissioner may contract with any person, firm, or corporation which he
deems qualified to operate and manage such project and to  perform  such
duties and functions as he may deem necessary.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.27 - Voluntary Dissolution.

§ 75.27 Voluntary dissolution.
At  any  time after the expiration of twenty years after the occupancy
  date, or such earlier date as the bonds issued by  the  New  York  state
  housing  finance  agency  with  respect  to  the  project are subject to
  redemption, a company may be voluntarily dissolved, with the consent  of
  the  commissioner,  upon  repayment in full of all obligations under the
  mortgage and payment of all obligations of the company, as  approved  by
  the commissioner.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.29 - Foreclosures and Judgments.

§ 75.29 Foreclosures and judgments.
(a)  In  any foreclosure action the commissioner shall be made a party
defendant. He shall take all steps necessary to protect the interests of
the  public  therein  and  no  costs  shall  be  awarded  against   him.
Foreclosures  shall not be decreed unless the court to which application
is made shall be satisfied that  the  interests  of  the  lienholder  or
holders cannot be adequately assured except by the sale of the property.
In  any  such  proceeding,  the court shall be authorized to appoint the
commissioner as receiver of the property, or to  grant  such  other  and
further relief as may be reasonable and proper.
(b) Notwithstanding the foregoing provisions of this section, wherever
it  shall  appear  that  the New York state housing finance agency shall
have loaned on a mortgage which is a first lien upon any such  property,
such  New  York state housing finance agency shall have all the remedies
available to a mortgagee under the laws of the state of New  York,  free
from  any  restrictions  contained  in  this  section,  except  that the
commissioner shall be made a party defendant and that  the  commissioner
shall  take  all  steps necessary to protect the interests of the public
and no costs shall be awarded against him.
(c) In the event of a judgment against a company  in  any  action  not
pertaining  to the collection of a mortgage indebtedness, there shall be
no sale of any of the real property of such company  except  upon  sixty
days'  written notice to the commissioner and the New York state housing
finance agency. Upon receipt of such notice  the  commissioner  and  the
agency  shall  take  such steps as in their judgment may be necessary to
protect the rights of all parties.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.33 - Fees and Charges.

§ 75.33 Fees and charges.
The commissioner may by regulation establish and charge to any company
  such fees and charges for inspection, regulation, supervision, and audit
  as  to  the  commissioner  may  appear  just  and reasonable in order to
  recover the departmental costs in performing these functions.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 75 - Community Mental Health Services and Developmental Disabilities Services Companies › 75.35 - Separability.

§ 75.35 Separability.
If  any  clause, sentence, paragraph, or part of this article shall be
  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
  judgment  shall not affect, impair, or invalidate the remainder thereof,
  but shall  be  confined  in  its  operation  to  the  clause,  sentence,
  paragraph, section, or part thereof directly involved in the controversy
  in which such judgment shall have been rendered.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.01 - Definitions.

§ 79.01 Definitions. As used in this article:
The   term   "person"  includes  a  partnership,  corporation,  or  an
  association.
The  term  "administration"  means   the   United   States   veterans'
  administration or its successor.
The  terms "estate" and "income" shall include only moneys received by
  the guardian from the administration and  all  earnings,  interest,  and
  profits derived therefrom.
The term "benefits" shall mean all moneys payable by the United States
  through the administration.
The  term "director" means the director of the United States veterans'
  administration or his successor.
The term "ward" means a beneficiary of the administration.
The term "guardian" as used herein shall mean any person acting  as  a
  fiduciary for a ward.
2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration › 79.03 - Application.

§ 79.03 Application.
Whenever,  pursuant  to  any law of the United States or regulation of
  the administration, the director requires, prior to payment of benefits,
  that a guardian be appointed for a ward, such appointment shall be  made
  in the manner hereinafter provided. The provisions of this article shall
  apply  only  to the wards of the administration and with respect to such
  wards, except as herein otherwise specifically provided, shall supersede
  any inconsistent provision of law relating to incompetents, conservatees
  or infants.