N.Y. Mental Hygiene Law § 25.01: Definitions

§ 25.01 Definitions.

(a) As used herein:

1. "Local governmental unit" shall have the same meaning as that

contained in article forty-one of this chapter.

2. "Operating expenses" shall mean expenditures approved by the office

and incurred for the maintenance and operation of substance use disorder

and/or compulsive gambling programs, including but not limited to

expenditures for treatment, administration, personnel, and contractual

services. Operating expenses do not include capital costs and debt

service unless such expenses are related to the rent, financing or

refinancing of the design, construction, acquisition, reconstruction,

rehabilitation or improvement of a substance use disorder and/or

compulsive gambling program facility pursuant to the mental hygiene

facilities finance program through the dormitory authority of the state

of New York (DASNY; successor to the Facilities Development

Corporation), or otherwise approved by the office.

3. "Debt service" shall mean amounts, subject to the approval of the

office, required to be paid to amortize obligations including principal

and interest, assumed by or on behalf of a voluntary agency or a program

operated by a local governmental unit.

4. "Capital costs" shall mean the costs of a program operated by a

local governmental unit or a voluntary agency with respect to the

acquisition of real property estates, interests, and cooperative

interests in realty, their design, construction, reconstruction,

rehabilitation and improvement, original furnishings and equipment, site

development, and appurtenances of a facility.

5. "State aid" shall mean financial support provided through

appropriations of the office to support the provision of substance use

disorder treatment, compulsive gambling, prevention or other authorized

services, with the exclusion of appropriations for the purpose of

medical assistance.

6. "Voluntary agency contributions" shall mean revenue sources of

voluntary agencies exclusive of state aid and local tax levy.

7. "Approved net operating cost" shall mean the remainder of total

operating expenses approved by the office, less all sources of revenue,

including voluntary agency contributions and local tax levy; provided,

however, that any federal paycheck protection program loan forgiveness

funding, or other extraordinary federal funding provided in response to

the COVID-19 pandemic, as determined by the office, shall not be

considered a source of revenue.

8. "Voluntary agency" shall mean a corporation organized or existing

pursuant to the not-for-profit corporation law for the purpose of

providing substance use disorder, treatment, compulsive gambling,

prevention or other authorized services.