2010 New York Code
MHY - Mental Hygiene
Title E - GENERAL PROVISIONS
Article 41 - (41.01 - 41.57) LOCAL SERVICES
41.16 - Local planning; state and local responsibilities.

§ 41.16 Local planning; state and local responsibilities.
    (a)  Each  of the offices of the department shall guide and facilitate
  the process of local planning so that plans for  the  provision  of  all
  services,  including  state and local services, can be formulated on the
  basis of approved local plans and federal guidelines related to services
  for the mentally disabled to  reflect  the  distribution  of  needs  and
  resources  of  areas  of the state. All providers of services, including
  facilities of the offices of the department, directors of hospital based
  mental health services, directors of community  mental  health  centers,
  and  voluntary  agencies  shall  participate in and provide information,
  including budget data, for local planning processes.
    (b) In accordance with regulations established by the commissioner  or
  commissioners  of  the  offices of the department having jurisdiction of
  the services, which shall provide for prompt action  on  proposed  local
  services plans, each local governmental unit shall:
    1. establish long range goals and objectives consistent with statewide
  goals  and objectives developed pursuant to section 5.07 of this chapter
  and develop or annually update the local  services  plan  of  the  local
  governmental  unit  or  units  listing  providers,  estimated  costs and
  proposed  utilization  of  state  resources,  including  facilities  and
  manpower,   which   shall   be  used  in  part  to  formulate  statewide
  comprehensive plans for services.
    2. submit  one  local  services  plan  to  the  single  agent  of  the
  department jointly designated by the commissioners of the offices of the
  department annually for approval by the commissioner or commissioners of
  the  office  or  offices  of  the  department having jurisdiction of the
  services.
    (c) A local services plan shall be developed, in accordance  with  the
  regulations  of  the  commissioner  or  commissioners  of  the office or
  offices of the department having jurisdiction of  the  services  by  the
  local  governmental  unit  or  units which shall direct and administer a
  local comprehensive planning process for its geographic area, consistent
  with statewide goals and objectives established pursuant to section 5.07
  of this chapter. The planning process shall involve the directors of any
  department  facilities,  directors  of  hospital  based  mental   health
  services,  directors  of  community  mental  health  centers, consumers,
  consumer groups, voluntary agencies, other providers  of  services,  and
  local correctional facilities and other local criminal justice agencies.
  The  local  governmental  unit,  or  units, shall determine the proposed
  local services plan to be submitted for approval.  If  any  provider  of
  services  including  facilities in the department, or any representative
  of the  consumer  or  community  interests  within  the  local  planning
  process, disputes any element of the proposed plan for the area which it
  serves,  the  objection shall be presented in writing to the director of
  the local governmental unit. If such dispute cannot be resolved  to  the
  satisfaction of all parties, the director shall determine the plan to be
  submitted.  If  requested and supplied by the objecting party, a written
  objection to the plan shall be appended thereto and transmitted  to  the
  single agent of the department jointly designated by the commissioners.
    (d)  Each commissioner of an office in the department shall review the
  portion of the local services plan submitted over which his  office  has
  jurisdiction  and approve or disapprove such plan in accordance with the
  procedures of subdivision (e) of this section.
    (e) 1. There shall be a single process for plan review and approval by
  the offices of the department which  shall  provide  local  governmental
  units with a comprehensive response to the plans submitted. All portions
  of  the plan to which a commissioner of an office of the department does
  not object shall be promptly approved and such approvals  shall  not  be

delayed  pending  approval  of  other  portions  of  the  plan which are
  substantially  independent  of  the  non-objectionable  portion.   Those
  portions  approved  by  each  of the commissioners of the offices of the
  department having jurisdiction of the services shall be deemed in effect
  for the period covered by the proposed plan. A portion of the plan, once
  approved,  shall  not be amended without the written concurrence of both
  the director of the local governmental unit or directors  of  the  local
  governmental  units  and each of the commissioners of the offices of the
  department having jurisdiction over such portion of the plan.
    2. A commissioner of an office of the department shall not  disapprove
  any  portion  of  the  local  services  plan without providing the local
  governmental unit an opportunity to  be  heard  regarding  the  proposed
  disapproval  and  to  propose  any modification of the plan. Pending the
  resolution of any dispute over approval of a portion  of  the  plan,  by
  final  determination  of  the  commissioner having jurisdiction over the
  services, new programs proposed shall not be  implemented  and  programs
  previously  implemented  shall continue to be funded at existing levels.
  If a portion of the plan is disapproved, the commissioner of the  office
  having   jurisdiction   over   such   portion  shall  notify  the  local
  governmental unit in writing stating reasons for such action.