2006 New York Code - Unified Services Plan; Financing.

 
  § 41.23 Unified services plan; financing.
    (a)  With  the  exception  of  chemical dependence services, which are
  subject to article twenty-six of this chapter, aggregate costs  incurred
  pursuant  to  an approved unified services plan shall be funded pursuant
  to the provisions of this section. For the purposes of this section, the
  term "aggregate costs" shall mean the sum of  net  operating  costs,  as
  defined  in  section  41.03,  and  the  costs  of  services  rendered by
  department facilities pursuant to a  unified  services  plan.  Costs  of
  services  rendered  by  department facilities shall be determined on the
  basis of rates established pursuant to  article  forty-three,  less  all
  income received from or on behalf of such patient, or otherwise provided
  by law.
    (b) Upon approval of a unified services plan, expenditures pursuant to
  such plan for the next local fiscal year shall be financed as follows:
    (1)  Subject  to  the  provisions  of subdivision (c) of this section,
  aggregate costs shall be apportioned between the  state  and  the  local
  government  on  the  basis of the population of each local government as
  determined by the last preceding federal  census.  The  aggregate  costs
  shall  be  determined  for  each  local  government  and  there shall be
  deducted therefrom a local population credit of ten dollars  per  capita
  for  the  first  one  hundred  thousand  of  the population of the local
  government and five dollars per capita for the remaining  population  of
  such  local government. If such aggregate costs are less than such local
  population credit, the aggregate costs shall be financed on the basis of
  one hundred percent state funds, up to  the  amount  of  such  aggregate
  costs.  If  the  amount  of  such  aggregate  costs  exceeds  such local
  population credit, the balance of such aggregate costs  over  the  local
  population  credit, up to thirteen dollars per capita, shall be financed
  on the basis of eighty percent state  funds  and  twenty  percent  local
  contribution with all remaining aggregate costs financed on the basis of
  sixty-five   percent   state   funds   and   thirty-five  percent  local
  contributions. Aggregate costs shall not include the cost  of  community
  support  services  provided  under  section 41.47 of this article or the
  cost of services given to any persons (i) who are patients  in  a  state
  facility  and  not  residents of the particular local government or (ii)
  who are patients in a state facility whose last  date  of  admission  or
  readmission  to  such  facility was earlier than five years prior to the
  first day of April next succeeding the date on which the  first  unified
  services  plan  for  such  local  government  becomes effective or (iii)
  mentally retarded or developmentally disabled persons 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, and who
  were subsequently released or discharged from  such  facility,  provided
  that  the  unified  services  plan  contains  a  plan  for  the care and
  treatment of such prior admitted patients who are residents of the local
  government. The state shall pay one hundred percent of the net operating
  costs expended  by  the  local  government  and  by  voluntary  agencies
  pursuant  to  contract  with  such  local government or by the state for
  services to such prior admitted patients, if rendered in accordance with
  an approved unified services plan.
    Such one hundred percent state aid for services to such persons  shall
  also  be  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 unified 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. 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.  The
  commissioner  shall  file a written explanation for such action 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 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 unified
  services   plan   for   alcoholism   and   alcohol   abuse   preventive,
  rehabilitative and treatment services. Upon completion of  the  approved
  demonstration  project  such  program shall be eligible for transitional
  funding so that the percentage of local  contribution  of  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.
    The term "local contribution" for the purposes of this  section  shall
  mean  the  sum  of  funds  for  net operating costs of services actually
  provided by (i) any local government acting under such plan and (ii) any
  voluntary agency providing  services  under  such  plan  pursuant  to  a
  contract with the local governmental unit.
    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.  Such state aid may also be granted to programs transferred
  from the task force  on  integrated  projects  for  youth  and  chemical
  dependency.  The  commissioner shall file a written explanation for such
  determination with the director of the division of the budget,  chairman
  of  the  senate  finance committee and chairman of the assembly ways and
  means committee. Such one  hundred  percent  state  aid  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.
    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.
    For purposes of this section, "residential chemical dependency program
  for  youth"  shall  mean  a  voluntary drug free residential setting for
  persons between the ages of twelve and eighteen certified by the  office
  of alcoholism and substance abuse services.
    (2)  The  state  shall  pay  fifty  percent of all capital costs after
  deducting from such costs all amounts received as federal aid which  are
  incurred  by  a  local  government or voluntary agency and included in a
  unified services plan. In the event that  construction  by  a  voluntary
  agency  has  been included in a unified services plan, reimbursement for
  the capital costs thereof shall be made by the  department  directly  to
  such voluntary agency.
    (3)  The  state  shall  pay  one  hundred percent of all capital costs
  incurred by the department for state facilities.
    (4) The liability of the state in any  state  fiscal  year  for  state
  funding  pursuant  to  this  section  shall  be  limited  to the amounts
  appropriated for this purpose by the legislature for such  state  fiscal
  year.
    (5)  With  respect  to  a  local  government  which has provided joint
  unified services and  facilities  through  agreement  with  other  local
  governments,  expenditures subject to financing pursuant to this section
  shall mean the prorated expenditures of such agreement.
    (c) (1) As used in this subdivision:
    (i) "Aggregate costs" and "local contribution" shall have the meanings
  assigned thereto in paragraph (1) of subdivision (b) of this section.
    (ii) "Base year local contribution" shall mean  that  portion  of  the
  funds  for  net operating costs of local services actually provided by a
  local government and by any voluntary agency providing services pursuant
  to a contract with the local governmental unit under  a  local  services
  plan during the year immediately preceding the first effective date of a
  unified services plan for such local government.
    (2)  To reduce any adverse fiscal impact on local governments wherever
  the local contribution as calculated for the  first  local  fiscal  year
  under  paragraph one of subdivision (b) of this section exceeds the base
  year local contribution, the local contribution shall be reduced by  the
  amount of such difference in the first local fiscal year, eighty percent
  of the same amount in the second local fiscal year, sixty percent of the
  same  amount  in the third fiscal year, forty percent of the same amount
  in the fourth fiscal year and twenty percent of the same amount  in  the
  fifth   fiscal   year.  Thereafter,  the  local  contribution  shall  be
  determined pursuant to paragraph one of subdivision (b) of this section.
    (3) To reduce any adverse fiscal impact  on  the  state  wherever  the
  local  contribution  as calculated for the first local fiscal year under
  paragraph one of subdivision (b) of this section is less than  the  base
  year  local  contribution,  the local contribution shall be increased by
  eighty percent of the amount of  such  difference  in  the  first  local
  fiscal year, sixty percent of the same amount in the second local fiscal
  year,  forty  percent  of  the  same amount in the third fiscal year and
  twenty percent of the same amount in the fourth fiscal year. Thereafter,
  the local contribution shall be determined pursuant to paragraph one  of
  subdivision (b) of this section.
    (d) Nothing in subdivisions (b) or (c) of this section shall prevent a
  local  government or local governments acting jointly from appropriating
  additional funds for unified services which increase the  proportion  of
  the local contribution of costs incurred under a unified services plan.