2010 New York Code
MHY - Mental Hygiene
Title E - GENERAL PROVISIONS
Article 41 - (41.01 - 41.57) LOCAL SERVICES
41.03 - 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. "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.
    5. "local governmental unit" means the unit of local government  given
  authority in accordance with this chapter by local government to provide
  local services.
    6. "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.
    7. "director" means the director of community  services,  who  is  the
  chief  executive officer of a local governmental unit, by whatever title
  known.
    8. "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.
    9.  (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.
    10. "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.
    11. "voluntary  agency"  means  a  corporation  organized  or existing
  pursuant to the  not-for-profit  corporation  law  for  the  purpose  of
  providing local services.
    12. "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 41.18 of this article.
    13. "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.