2018 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 41 - Local Services
41.15 - Approved Plans and State Aid.

§ 41.15 Approved plans and state aid.

(a) Net operating costs of programs incurred pursuant to an approved local services plan in accordance with the regulations of the commissioner or commissioners of the office or offices of the department having jurisdiction of the services and approved by the commissioner or commissioners of the office or offices of the department having jurisdiction of the services shall be eligible for state aid.

(b) Long range goals, intermediate range plans, and annual plans shall meet requirements for comprehensive services set for each local government by the commissioners of the offices of the department after taking into consideration local needs and available resources. These services shall be concerned with diagnosis, care, treatment, social and vocational rehabilitation, community residential services licensed by the department of mental hygiene, research, consultation and public education, education and training of personnel, control and prevention of mental disabilities, and the general furtherance of mental capability and health. As part of the local services plan required to establish eligibility for state aid in accordance with the provisions herein, each local governmental unit shall submit a five-year plan and annual implementation plans and budgets which shall reflect local needs and resources, including the needs and resources available for the provision of community support services, and the role of facilities in the department in the provision of required services.

(c) Subject to regulations for special circumstances as established by the commissioner or commissioners of the office or offices of the department having jurisdiction of the services, no annual plan or intermediate range plan of the local governmental unit shall be approved unless it indicates that reasonable efforts are being made to extend or improve local services in each succeeding local fiscal year in accordance with the statewide long range goals and objectives of the department for the development and integration of state, regional, and local services for the mentally disabled.

(d) Beginning the first day of July, nineteen hundred seventy-eight, allocations of state aid for operating costs shall be made to eligible local governental units in advance no more than ten days after the beginning of each quarter. Such quarterly payments shall be adjusted, when necessary, to reflect actual eligible net operating costs, projected eligible net operating costs and appropriations available and shall be subject to audit and readjustment to comply with all applicable provisions of this article.

(e) Capital costs incurred by a local government or by a voluntary agency, pursuant to an approved local services plan and in accordance with the regulations of the commissioner or commissioners of the office or offices of the department having jurisdiction of the services and with the approval of the commissioner or commissioners having jurisdiction of the services, shall be eligible for state aid pursuant to the provisions of this article. Capital costs incurred by a voluntary agency shall be eligible for state aid only if incurred pursuant to an agreement between the voluntary agency and the local governmental unit where the construction is located. Such agreement shall contain the approval by the local governmental unit of such construction and an agreement by such unit to include the program of the voluntary agency in its plans and proposals.

(f) Services made available to or provided for children attending public schools, for which aid is sought pursuant to this chapter, shall be made available to or provided to all school children upon request by the authorities of their schools.


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