N.Y. Mental Hygiene Law § 41.54*2: Employee assistance programs

* § 41.54 Employee assistance programs.

(a) The director of the division of alcoholism and alcohol abuse may,

within appropriations made therefor, provide assistance in establishing

and maintaining employee assistance programs.

(b) Such assistance may be provided to a consortium, a not-for-profit

corporation that provides employee assistance program services to two or

more of the following:

(1) an employer of less than seven hundred fifty employees;

(2) a labor organization;

(3) a professional organization;

(4) a community organization; or

(5) an employer of an economically distressed industry or located in

an economically distressed region, or a business owned by or employing a

high proportion of women or minorities.

(c) The division of alcoholism and alcohol abuse shall adopt rules and

regulations to effectuate the provisions of this section, in

consultation with other appropriate state agencies. Such rules and

regulations shall include, but not be limited to, provisions relating

to:

(1) the establishment of an advisory board, which shall work in

consultation with the advisory council on alcoholism and substance abuse

services, and whose membership shall include, but not be limited to,

individuals from the occupational programs, professions and

representatives of small businesses and labor organizations, and whose

duties shall include, but not be limited to, recommendation of criteria

for funding, and methods of determining program accountability;

(2) procedures for approval of funding for a program, including, but

not limited to, elements necessary for the development and

implementation of, and qualifications necessary for the staffing of,

employee assistance program services;

(3) criteria for the confidentiality and maintenance of records; and

(4) minimum program standards for the operation of effective and

appropriate employee assistance programs.

(d) Within amounts available therefor and subject to regulations

established by the commissioner and notwithstanding any other provisions

of this article, financial assistance to an employee assistance program

shall not exceed eighty-five percent of the non-capital expenditures of

the program's first year of operation for such year, seventy percent of

such expenditures for the program's second year of operation, fifty

percent for the program's third year of operation, and thirty percent of

such expenditures for the fourth year of operation. No program shall

receive financial aid under this section after completion of the fourth

year.

(e) Applications for assistance shall be made in the manner prescribed

by the director.

* NB There are 2 § 41.54's