2006 New York Code - Definitions.

 
  § 41.03 Definitions.
    When used in this article:
    1. "local  government" means a county, except a county within the city
  of New York, and the city of New York.
    2. "charter government" means a local government which has its charter
  under article IX of the constitution and the municipal  home  rule  law;
  and includes the city of New York.
    3. "local  services"  includes  services  for  the  mentally  ill, the
  mentally  retarded,  the  developmentally  disabled  whose   conditions,
  including but not limited to cerebral palsy and epilepsy, are associated
  with  mental  disabilities, and those suffering from alcoholism, alcohol
  abuse, substance abuse or substance dependence, which are provided by  a
  local  government or by a voluntary agency pursuant to a contract with a
  local governmental unit or the office of mental health.
    4. "unified services" means local services and  services  provided  by
  department  facilities for residents of the local government pursuant to
  a unified services plan.
    5. "local facility" means  a  facility  offering  local  services  and
  includes  a  community mental health and retardation facility as defined
  in section three of the facilities development corporation act and,  for
  the  purposes  of this article, a mental hygiene facility, as defined in
  said section, to be made available for use in providing  local  services
  under lease, sublease, license or permit from the facilities development
  corporation  to  one  or more local governmental units or to a voluntary
  agency at the request of a commissioner of an office in the department.
    6. "local governmental unit" means the unit of local government  given
  authority in accordance with this chapter by local government to provide
  local or unified services.
    7. "board"  means  a  community  services  board  for  services to the
  mentally ill, mentally  retarded  and  developmentally  disabled,  those
  suffering  from  alcoholism, alcohol abuse, substance abuse or substance
  dependence.
    8. "director" means the director of community  services,  who  is  the
  chief  executive officer of a local governmental unit, by whatever title
  known.
    9. "capital costs" means the costs of a local government, a  voluntary
  agency,  or  the  facilities development corporation with respect to the
  acquisition  of  real  property  estates,  interests,  and   cooperative
  interests   in   realty,  their  design,  construction,  reconstruction,
  rehabilitation and improvement, original furnishings and equipment, site
  development, and appurtenances of a local facility. Capital costs do not
  include any of the foregoing costs paid under provisions  of  law  other
  than this chapter.
    10. (a) "operating costs" means expenditures, excluding capital costs,
  incurred  in  the  operation  and  maintenance  of  the community mental
  health, mental retardation, and alcoholism services board and  of  local
  facilities  in  accordance  with this article and the regulations of the
  commissioner, by a local government or by a voluntary agency pursuant to
  a contract with a local governmental unit.
    (b) Subject to the regulations of the  commissioner,  operating  costs
  shall  include  that part of rental costs paid to those community mental
  health, mental retardation,  alcoholism,  or  substance  abuse  services
  companies,  which  represents  interest  accrued  after  January  first,
  nineteen hundred eighty-one and is paid on obligations incurred by  such
  companies,  organized  pursuant  to article seventy-five of this chapter
  and which participated in mortgage financing in accordance with  chapter
  one  thousand  thirty-four  of  the laws of nineteen hundred sixty-nine,
  (ii) rentals paid  to  the  facilities  development  corporation,  (iii)
  salaries  of  or  per diem compensation to board members, (iv) costs for
  which state aid or reimbursement is  claimed  under  provisions  of  law
  other than this article.
    (c)  Operating  costs  may include interest incurred on any obligation
  which is necessarily related to the efficient and economic  delivery  of
  approved services to persons with alcoholism, substance abuse addiction,
  mental  illness  or  mental  retardation and developmental disabilities,
  subject to the commissioner's certification of the reasonableness of the
  interest expense. Interest as authorized by this subdivision shall  only
  include  reasonable  and  competitive  rates  of  interest  incurred  in
  accordance with regulations promulgated by the commissioner.
    (d) Subject to the regulations of the  commissioner,  operating  costs
  shall  include  rent incurred, or depreciation and interest expenditures
  incurred, in connection  with  the  design,  construction,  acquisition,
  reconstruction,  rehabilitation  or  improvement  of  a  local facility;
  provided that where the rent, financing or refinancing  of  the  design,
  construction, acquisition, reconstruction, rehabilitation or improvement
  of  a  local facility is through the facilities development corporation,
  operating costs shall include the debt service to be  paid  to  amortize
  obligations,  including  principal  and interest, issued by the New York
  state medical care facilities finance agency to finance or refinance the
  capital costs of such facilities.
    11. "net operating costs" means operating costs from which  have  been
  deducted the following:
    (a) revenues for operating costs received from other state agencies or
  another  local  government  pursuant  to  an agreement to purchase local
  services.
    (b) other income realized in the operation  of  a  specified  program,
  except  for  income  realized  by a voluntary not-for-profit agency from
  industrial contracts  entered  into  pursuant  to  its  operation  of  a
  sheltered  workshop  from  which have been deducted the expenses of such
  workshop incurred in producing such income and  which  are  claimed  for
  state aid.
    (c) federal aid received for operating costs.
    (d)  fees  received  from patients or on their behalf from private and
  public health insurance and medical aid programs.
    12. "voluntary agency"  means  a  corporation  organized  or  existing
  pursuant  to  the  not-for-profit  corporation  law  for  the purpose of
  providing local services.
    13. "local services plan" means the plan of local  services  which  is
  submitted  by a local governmental unit and approved by the commissioner
  pursuant to section 11.17 of this article.
    14. "unified services plan" means the plan of unified  services  which
  is   submitted  by  a  local  governmental  unit  and  approved  by  the
  commissioner pursuant to section 11.19 of this article.
    15. "community   support    services"    means    clinical,    social,
  rehabilitative  and  other  mental health services, programs and related
  administrative activities  designed  to  enhance  the  community  living
  skills  and  prevent  the  unnecessary  hospitalization of the seriously
  impaired, chronically mentally  ill  population,  who  are  eligible  to
  receive services pursuant to section 41.47 of this article.