N.Y. Mental Hygiene Law § 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.