N.Y. Mental Hygiene Law § 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.