N.Y. Mental Hygiene Law § 41.16: Local planning; state and local responsibilities

§ 41.16 Local planning; state and local responsibilities.

(a) Each of the offices of the department shall guide and facilitate

the process of local planning so that plans for the provision of all

services, including state and local services, can be formulated on the

basis of approved local plans and federal guidelines related to services

for the mentally disabled to reflect the distribution of needs and

resources of areas of the state. All providers of services, including

facilities of the offices of the department, directors of hospital based

mental health services, directors of community mental health centers,

and voluntary agencies shall participate in and provide information,

including budget data, for local planning processes.

(b) In accordance with regulations established by the commissioner or

commissioners of the offices of the department having jurisdiction of

the services, which shall provide for prompt action on proposed local

services plans, each local governmental unit shall:

1. establish long range goals and objectives consistent with statewide

goals and objectives developed pursuant to section 5.07 of this chapter

and develop or annually update the local services plan of the local

governmental unit or units listing providers, estimated costs and

proposed utilization of state resources, including facilities and

manpower, which shall be used in part to formulate statewide

comprehensive plans for services.

2. submit one local services plan to the single agent of the

department jointly designated by the commissioners of the offices of the

department annually for approval by the commissioner or commissioners of

the office or offices of the department having jurisdiction of the

services.

(c) A local services plan shall be developed, in accordance with the

regulations of the commissioner or commissioners of the office or

offices of the department having jurisdiction of the services by the

local governmental unit or units which shall direct and administer a

local comprehensive planning process for its geographic area, consistent

with statewide goals and objectives established pursuant to section 5.07

of this chapter. The planning process shall involve the directors of any

department facilities, directors of hospital based mental health

services, directors of community mental health centers, consumers,

consumer groups, voluntary agencies, other providers of services, and

local correctional facilities and other local criminal justice agencies.

The local governmental unit, or units, shall determine the proposed

local services plan to be submitted for approval. If any provider of

services including facilities in the department, or any representative

of the consumer or community interests within the local planning

process, disputes any element of the proposed plan for the area which it

serves, the objection shall be presented in writing to the director of

the local governmental unit. If such dispute cannot be resolved to the

satisfaction of all parties, the director shall determine the plan to be

submitted. If requested and supplied by the objecting party, a written

objection to the plan shall be appended thereto and transmitted to the

single agent of the department jointly designated by the commissioners.

(d) Each commissioner of an office in the department shall review the

portion of the local services plan submitted over which his office has

jurisdiction and approve or disapprove such plan in accordance with the

procedures of subdivision (e) of this section.

(e) 1. There shall be a single process for plan review and approval by

the offices of the department which shall provide local governmental

units with a comprehensive response to the plans submitted. All portions

of the plan to which a commissioner of an office of the department does

not object shall be promptly approved and such approvals shall not be

delayed pending approval of other portions of the plan which are

substantially independent of the non-objectionable portion. Those

portions approved by each of the commissioners of the offices of the

department having jurisdiction of the services shall be deemed in effect

for the period covered by the proposed plan. A portion of the plan, once

approved, shall not be amended without the written concurrence of both

the director of the local governmental unit or directors of the local

governmental units and each of the commissioners of the offices of the

department having jurisdiction over such portion of the plan.

2. A commissioner of an office of the department shall not disapprove

any portion of the local services plan without providing the local

governmental unit an opportunity to be heard regarding the proposed

disapproval and to propose any modification of the plan. Pending the

resolution of any dispute over approval of a portion of the plan, by

final determination of the commissioner having jurisdiction over the

services, new programs proposed shall not be implemented and programs

previously implemented shall continue to be funded at existing levels.

If a portion of the plan is disapproved, the commissioner of the office

having jurisdiction over such portion shall notify the local

governmental unit in writing stating reasons for such action.