2006 New York Code - Demonstration Programs.

 
  § 41.35 Demonstration programs.
    (a)  The commissioners of the offices in the department shall cause to
  be  developed  plans  for  three  or  more  time-limited   demonstration
  programs, the purpose of which shall be to test and evaluate new methods
  or  arrangements  for  organizing,  financing,  staffing  and  providing
  services  for  the  mentally  disabled  in  order   to   determine   the
  desirability  of  such  methods  or arrangements. Subject to regulations
  established by the commissioners and notwithstanding any other provision
  of  law,  such  programs  may  include  but  shall  not  be  limited  to
  comprehensive  organizational  structures to serve all mentally disabled
  persons within the purview of  a  local  governmental  unit,  innovative
  financing  and  staffing arrangements and specific programs to serve the
  mentally disabled. Such demonstration programs shall be consistent  with
  established  statewide  goals  and  objectives  and  local comprehensive
  plans, shall be developed in conjunction with  the  local  comprehensive
  planning  process,  and  shall  be submitted to the single agent jointly
  designated by  the  commissioners  of  the  department  for  review  and
  approval by the commissioner or commissioners having jurisdiction of the
  services.
    (b)  The  demonstration  programs required to be developed pursuant to
  this section shall include  at  least  one  single  system  program  for
  comprehensive services for all mentally disabled persons or all services
  to  one  or  more  of  the  following  classes of mentally disabled: the
  mentally ill; the mentally retarded and developmentally disabled;  those
  suffering  from  alcohol  abuse  or  alcoholism;  or alcoholics, alcohol
  abusers and substance  abusers.  Such  comprehensive  services  provided
  pursuant  to  a  single  system  program  shall  be  provided by a local
  governmental unit or group of local  government  units  or  an  approved
  non-governmental  agent  or  a combination of providers of service and a
  local governmental unit or units.
    (1) A local governmental unit or group of local governmental units may
  propose that such unit or units, or a non-governmental agent  designated
  by  such  unit  or units, or a combination of providers of service and a
  local  governmental  unit  assume  responsibility   for   provision   of
  comprehensive  services.  A  plan  embodying  such  a  proposal shall be
  submitted to the single agent jointly designated by the commissioners of
  the offices of the department in  accordance  with  regulations  of  the
  commissioners.  Such  a  plan  shall provide that the local governmental
  unit or units or a designated non-governmental agent, or  a  combination
  of  providers  of  service and local governmental unit or units shall be
  responsible for the provision of and shall direct the operation  of  all
  facilities and programs or portions thereof serving the class or classes
  of  mentally  disabled in the area for whom the unit or non-governmental
  agent proposes to provide comprehensive services.
    (2) A proposed plan submitted in accordance  with  the  provisions  of
  this  subdivision  shall  contain at least the following with respect to
  the class or classes of mentally disabled covered by the plan:
    A. a commitment to provide necessary comprehensive  services  for  all
  residents,  regardless  of diagnostic category or severity of disability
  or ability to pay, subject  to  availability  of  funds,  of  the  local
  government  or  local  governments  submitting  such plan throughout the
  course of their mental disability.
    B. a commitment to provide comprehensive services which shall include,
  but not be limited to, preventive services, emergency  services,  acute,
  intermediate   and  long-term  services,  including  both  hospital  and
  non-hospital based inpatient and outpatient services,  day  care,  night
  care  and  weekend  care  services,  diagnostic  and  referral services,
  residential and non-residential services,  vocational,  educational  and
  training   programs,  staff  training,  consultive  services,  necessary
  manpower and support services.
    C.  an  assurance  that comprehensive services will be provided to all
  mentally disabled  residents  regardless  of  age,  income  or  area  of
  residence in all age and population groups, including all such residents
  receiving  service irrespective of the location and auspices under which
  such services are provided at the time of the plan's submission.
    D. a statement describing the proposed administrative organization  of
  the  system  under  which  comprehensive  services  to mentally disabled
  residents of the locality or localities are to be provided, including  a
  description  of the respective roles and relationships of all providers,
  governmental and non-governmental.
    E. an inventory of all public and private resources available  to  the
  class  or classes of mentally disabled residents of the local area and a
  statement of their responsibilities.
    F. a proposed fiscal plan for comprehensive services during  the  next
  local  and state fiscal years, which proposed fiscal plan shall include,
  but not be limited to, all projected needs; a breakdown of  services  to
  be  provided  by disability and service category; estimated expenditures
  by  purpose;  estimated  revenues  by  source  and  amounts,   including
  estimated local, state and federal government funds; and a comparison of
  proposed expenditures and revenues with those of the existing year.
    G. a projected utilization rate of services and programs of facilities
  of  the  offices  of  the  department including any planned expansion or
  contraction of such services and programs.
    H.  a  plan,   developed   in   consultation   with   the   recognized
  representative  of  employees  of the offices of the department, for the
  retraining and continuation of employment of persons whose employment in
  a program of a facility of  an  office  may  be  terminated  because  of
  planned  contraction  of  such  program, and for the continuation of all
  employment-related benefits vested by contract, by state or  local  law,
  or  by  rule or regulation in the persons employed by the offices in the
  department in facilities to be transferred to the control of  the  local
  governmental unit or units or the non-governmental agent of such unit or
  units,  as  long as those persons shall continue to be employed pursuant
  to the single system plan or until such employment-related benefits  are
  modified or superseded pursuant to law or successor agreements.
    I.  a  commitment  that all facilities will comply with all applicable
  state and  federal  standards,  including  accreditation  standards  and
  standards  required to be met as a condition for eligibility for federal
  funds.
    J. a statement of the mechanisms to  be  utilized  in  evaluating  the
  effectiveness  of  comprehensive  services  to the mentally disabled and
  describing the conditions and procedures under which responsibility  for
  programs  and services of facilities in the offices of the department at
  the time of submission of the plan shall revert to the state.
    (3) Each commissioner of an office in the department shall review  the
  portion  of  the  single  system  plan for comprehensive services to the
  mentally disabled over which his office has jurisdiction and approve  or
  disapprove  such portion of the plan. In acting upon such portion of the
  plan, each commissioner shall consider whether it  offers  a  reasonable
  expectation of improved services to the particular class of the mentally
  disabled  over  which his office has jurisdiction; whether the plan as a
  whole assures comprehensive services to mentally  disabled  persons  who
  suffer  from more than one disability; whether the plan provides for the
  efficient use of available funds and existing services; and whether such
  plan adequately meets the conditions set forth in paragraph two of  this
  subdivision.
    (4)  Each commissioner of an office in the department who has approved
  a single system plan is authorized  to  take  such  actions  as  may  be
  necessary,  in  accordance with applicable state law, including, but not
  limited  to,  the  delegation  of  administrative  responsibility  to  a
  director of community services in order to facilitate the implementation
  of  the  approved  single system plan. If a commissioner of an office in
  the department and one or more local governmental units mutually  agree,
  state  facilities  of  such office may, in whole or in part, be used by,
  leased, or rented, to such local  governmental  unit  or  units,  to  an
  approved  non-governmental  agent,  or  to a combination of providers of
  service and the local governmental unit  or  units  in  accordance  with
  applicable  state  law,  for  operation by or through it pursuant to the
  single system plan approved in accordance with the  provisions  of  this
  article.   Such   local  governmental  unit  or  units  or  an  approved
  non-governmental agent or combination of providers of  service  and  the
  local governmental unit or units may lease a facility or facilities from
  an  office  in  the  department,  if  the  program  to be housed in such
  facility is part of the single system plan for comprehensive services to
  the mentally disabled approved in accordance with the provisions of this
  article.
    (5) Each commissioner of an office in  the  department  shall  conduct
  evaluation studies of approved single system plans, or portions thereof,
  over  which  his office has jurisdiction to determine the relative costs
  and effectiveness of different types  and  patterns  of  services  being
  provided  under such plans. The results of such studies shall be used to
  determine standards for statewide program requirements and priorities.
    (c) Upon  approval  of  a  plan  for  a  demonstration  program  by  a
  commissioner or commissioners of the office having jurisdiction over the
  services,  said commissioner or commissioners shall, in cooperation with
  the  appropriate  representative  or  representatives   of   the   local
  governmental  unit  or  units, prepare for submission to the director of
  the budget for inclusion in the executive  budget,  a  request  for  the
  appropriations  of  funds  and  authorization  for implementation of the
  demonstration program.
    (d)  Quarterly  reviews  and  evaluations  of  the  program  shall  be
  undertaken  and  a final report shall be developed by representatives of
  the commissioner or commissioners having jurisdiction over the  services
  and  the  local  governmental unit assessing the program, indicating its
  potential for continuation or use  elsewhere,  and  making  any  further
  recommendations  related  to  the  program.  Copies  of  such  quarterly
  evaluations and final reports shall be  sent  to  the  director  of  the
  division of the budget, and the chairmen of the senate finance committee
  and the assembly committee on ways and means.
    (e)  A local governmental unit may file a notice of intent to submit a
  single system plan with the  single  agent  jointly  designated  by  the
  commissioners  of  the offices. The commissioner or commissioners having
  jurisdiction of the services are authorized to  make  grants  of  funds,
  from  appropriations  specifically  made  for  such purpose, to any such
  local  governmental  unit  in  an  amount  not  to  exceed  seventy-five
  percentum of the local government costs approved by the commissioner and
  the director of the budget, of preparing a single system plan; provided,
  however,  that  in the case of a local government receiving state aid at
  the rate of seventy-five percent of its approved  net  operating  costs,
  such  grant of funds may not exceed ninety percent of the approved local
  government's costs of preparing the single system plan.