2018 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 41 - Local Services
41.24 - Study on Alternative to Net Deficit Funding.

§ 41.24 Study on alternative to net deficit funding.
On   or   before   April   fifteenth,  nineteen  hundred  ninety,  the
  commissioner shall submit to the legislature a study and recommendations
  for a proposed alternative to net deficit funding  established  pursuant
  to article forty-one of this chapter that includes the following:
(a)  A  cost-related  funding  methodology  which  adequately pays for
  services  necessary  to  provide  appropriate  care,  which   recognizes
  geographic  distinctions  as  they relate to cost and which ensures that
  providers are reimbursed for the  fixed  or  uncontrollable  operational
  costs  such as interest, depreciation, property, capitalized development
  costs, insurance and reasonable and necessary personnel costs.
(b) A guarantee of minimum maintenance of local  government  tax  levy
  financial participation at current levels.
(c)  A system of incentives to promote the maximization of alternative
  funding sources  including  but  not  limited  to  contract  income  and
  charitable contributions.
(d)  An  evaluation  of  the  relationship  between net deficit funded
  programs and other non-residential programs,  excluding  day  treatment,
  and  a  determination  whether  or not to incorporate the funding of all
  such programs into a unified funding methodology.
(e) Information relating to a demonstration project undertaken by  the
  office in certain developmental disabilities services offices to examine
  possible  modifications  in  the  use  of medical assistance funding for
  programs and services pursuant to the provisions  of  a  federal  grant.
  Such information shall include specific recommendations for applying the
  results  of such demonstration project to programs and services operated
  by voluntary providers.
(f) An examination of the implications of department of mental hygiene
  consolidated  fiscal  reporting  process  and   an   incorporation,   as
  appropriate,    of   such   implications   into   the   formulation   of
  recommendations.
Such study shall be prepared in conjunction with a council of not more
  than  ten  persons  which  shall  include  not   for   profit   provider
  organizations,  parents  of  persons  with  developmental  disabilities,
  representatives of local government and others to be  appointed  by  the
  commissioner.