2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 11 - Medical Assistance for Needy Persons › 364-A - Cooperation of State Departments.

§  364-a.  Cooperation  of  state  departments. 1. There shall be such
cooperative arrangements, between and among the department of health and
other state departments and agencies as shall  be  necessary  to  assure
that  the  purposes  and  objectives  of  this title will be effectively
accomplished. The commissioner of the department of  health  shall  have
the authority to delegate responsibility under this title to other state
departments and agencies and to enter into memoranda of understanding as
may be necessary to carry out the provisions of this title.
2.  Notwithstanding  any inconsistent provision of law, the department
of health shall enter into a cooperative agreement with  the  office  of
mental health which shall;
(i)  provide  for the office of mental health, on or after the date of
the agreement, to administer and  supervise  the  medical  care,  health
care,  habilitative,  rehabilitative  and  maintenance services provided
pursuant to this title at residential treatment facilities for  children
and  youth  licensed  by the office of mental health pursuant to article
thirty-one of the mental hygiene law, and
(ii)  authorize  the  office  of  mental  health   to   perform   such
administration  and  supervision, either directly or by contract, as the
office of mental health may from time-to-time determine. On or after the
effective date of such agreement, all of the functions provided  for  in
this  title  for  the  administration  and  supervision of medical care,
health  care,  habilitative,  rehabilitative  and  maintenance  services
provided  hereunder by residential treatment facilities for children and
youth licensed by the  office  of  mental  health  pursuant  to  article
thirty-one of the mental hygiene law shall be performed by the office of
mental  health  to the extent permitted by applicable federal law and to
the extent that federal reimbursement for such care and services is  not
impaired.  A  cooperative  agreement  previously  entered  into  by  the
department  of  social  services  pursuant  to  this  subdivision  shall
continue  in  effect  until  modified or terminated by the department of
health.
* 3. Notwithstanding any inconsistent provision of law, the department
of health shall enter into a cooperative agreement with  the  office  of
mental health which shall:
(i)  provide  for the office of mental health, on or after the date of
the agreement, to administer and  supervise  the  medical  care,  health
care,  habilitative,  rehabilitative  and  maintenance services provided
pursuant to this title at comprehensive psychiatric  emergency  programs
licensed  by  the office of mental health pursuant to article thirty-one
of the mental hygiene law, and
(ii)  authorize  the  office  of  mental  health   to   perform   such
administration  and  supervision, either directly or by contract, as the
office of mental health may determine to be necessary. On or  after  the
effective  date  of such agreement, all of the functions provided for in
this title for the  administration  and  supervision  of  medical  care,
health  care,  habilitative,  rehabilitative  and  maintenance  services
provided at comprehensive psychiatric emergency programs licensed by the
office of mental health pursuant to article  thirty-one  of  the  mental
hygiene  law  shall  be  performed by the office of mental health to the
extent  permitted  by  federal  law  and  to  the  extent  that  federal
reimbursement  for such care and services is not impaired. A cooperative
agreement previously entered into by the department of  social  services
pursuant  to this subdivision shall continue in effect until modified or
terminated by the department of health.
* NB Repealed July 1, 2027