2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 41 - Local Services › 41.18 - Local Services Plan; State Aid.

§ 41.18 Local services plan; state aid.
(a)  A  local  services  plan  is  a  plan  for the rendition of local
services.    Such  a  plan  must  have  been  developed  by  the   local
governmental  unit  with  the involvement of consumers, consumer groups,
voluntary agencies and other providers of services, in  accordance  with
the  regulations  of  the  commissioner  and  must  be  approved  by the
commissioner in order to be eligible for state  aid.  A  local  services
plan  shall contain a comprehensive proposal for annual and intermediate
range plans and expenditures by  the  local  governmental  unit  and  by
voluntary  agencies  pursuant  to  contract with such local governmental
unit. A local services plan shall  contain  provisions  to  assure  that
there  is  planning  and  coordination  with  the  delivery of community
support services to mentally ill persons,  in  accordance  with  section
41.47  of  this  article.  An  annual plan must be supported by specific
budgets.
(b) (i) Local governments shall be granted state  aid,  in  accordance
with  the  provisions  of  this  subdivision, for approved net operating
costs pursuant to an approved local services plan at the rate  of  fifty
percent  of  the  amount  incurred  during the local fiscal year by such
local governments and by voluntary agencies pursuant  to  contract  with
such  local  governments;  provided,  however,  that  a local government
having a population of less than two hundred thousand shall  be  granted
state  aid at the rate of seventy-five percent for the first one hundred
thousand dollars of its approved net  operating  costs.  Notwithstanding
the  foregoing,  local  governments  shall  be  granted state aid of one
hundred percent of the  net  operating  costs  expended  by  such  local
governments  and  by  voluntary  agencies pursuant to contract with such
local governments for services to people with developmental disabilities
who were patients in a state facility for a continuous period of five or
more  years  following  the  first  day  of  January,  nineteen  hundred
sixty-nine,  provided that such services are rendered in accordance with
an approved local services plan. Such one hundred percent state aid  for
services  to  such  persons shall be also provided to a voluntary agency
pursuant to a direct contract between such agency and an office  of  the
department  whenever  such  services  provided  pursuant  to such direct
contract are rendered in accordance with an approved local services plan
for servicing such clients. For purposes of determining whether a person
has been a patient in such a facility for a continuous  period  of  five
years or more, if a person who has been discharged or released from such
a  facility is thereafter returned to such a facility within ninety days
of the discharge or release, the period of time between  such  discharge
or  release and such return shall not constitute an interruption of, and
shall be counted as part of, the continuous period.
(ii) Notwithstanding the foregoing, local governments shall be granted
state aid of one hundred percent of the net operating costs expended  by
such localities and by voluntary agencies pursuant to contract with such
local  governments  for  approved  demonstration projects, not to exceed
three years, for the purpose of conducting alcoholism and alcohol  abuse
preventive,  rehabilitative  and  treatment services; provided, however,
that the commissioner of alcoholism and  substance  abuse  services  may
extend  the  demonstration  project  for  one  additional  year if it is
determined that such extension is necessary and would serve  the  public
interest.
(iii)  Notwithstanding  the foregoing, local governments and voluntary
agencies shall be granted state aid of one hundred percent  of  the  net
operating  costs  expended  by such localities and by voluntary agencies
pursuant to contracts with such local governments or with the office  of
alcoholism  and  substance  abuse  services  for alcohol crisis centers,

chemical  dependency  programs  for  youth,  residential  services   for
recovering  alcoholics  and  substance  abusers  and for alcoholism AIDS
coordinators. Such state aid may also be granted to programs transferred
from  the  task  force  on  integrated  projects  for youth and chemical
dependency. Such state aid shall also  be  granted  for  non-residential
services  determined to be necessary to serve the public interest by the
commissioner of alcoholism and  substance  abuse  services  provided  by
local  governments  having  a  population  of  one  hundred  twenty-five
thousand or less as determined by the last preceding federal census,  or
by voluntary agencies pursuant to contracts with such local governments.
(iv)  The  commissioner  shall  file  a written explanation for action
taken pursuant to paragraphs (ii) and (iii) of this subdivision with the
director of the division of the  budget,  the  chairman  of  the  senate
finance  committee  and  the  chairman  of  the  assembly ways and means
committee. Such one hundred percent state aid for approved demonstration
projects, alcohol  crisis  centers,  chemical  dependency  programs  for
youth,  and  non-residential  rural  alcoholism  programs, shall also be
provided to a voluntary agency pursuant to  a  direct  contract  between
such  agency  and  the office of alcoholism and substance abuse services
whenever such services provided pursuant to  such  direct  contract  are
rendered  in  accordance  with  an  approved  local  services  plan  for
alcoholism and alcohol abuse preventive,  rehabilitative  and  treatment
services.  Upon  completion  of the approved demonstration project under
paragraph (ii) of this subdivision such program shall  be  eligible  for
transitional  funding  so  that the percentage of local contribution for
such project does not exceed twenty percent of the cost of such  project
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.
For  purposes of this section, "chemical dependency program for youth"
shall mean a voluntary drug free setting for persons between the ages of
twelve and eighteen certified by the office of alcoholism and  substance
abuse services.
(v)  Notwithstanding  the  foregoing,  local governments and voluntary
agencies may be granted state aid of up to one hundred  percent  of  the
net  operating  costs  expended  by  such  localities  and  by voluntary
agencies pursuant to contracts with the  office  of  mental  health  for
programs  transferred  from  the  task  force on integrated projects for
youth and chemical dependency  established  pursuant  to  chapter  eight
hundred  twelve  of  the laws of nineteen hundred eighty-seven. Such aid
may include funds transferred from such task  force  to  the  office  of
mental health.
(c)  Local  governments  and voluntary agencies shall be granted state
aid for capital costs pursuant to an approved local services plan  at  a
rate  not  to exceed fifty percent of the amount eligible for state aid;
provided, however, that state aid for capital costs for that portion  of
a  general hospital which provides inpatient psychiatric services to the
mentally ill pursuant to  an  approved  local  services  plan  shall  be
reimbursed at the rate of thirty-three and one-third percent.
(d)  The liability of the state in any state fiscal year for state aid
pursuant to this section shall  exclude  chemical  dependence  services,
which  are  subject to article twenty-five of this chapter, and shall be
limited  to  the  amounts  appropriated  for  such  state  aid  by   the
legislature for such state fiscal year.
(e)  In  order  to qualify for the state aid available as described in
subdivisions (b) and (c) of this section, a  local  services  plan  must
include  provisions  for  the  development  of  appropriate  residential

accommodations, consistent with the present and anticipated needs of the
mentally disabled with the jurisdiction of the local governmental unit.
(f) No voluntary agency receiving state funds pursuant to this article
shall  expend  any  state moneys except for value received and shall not
make any charitable contribution of state funds or use any  state  funds
to  pay  above  market  value  for  any  goods  or  services,  except as
authorized by the offices of the department.