N.Y. Social Services Law § 364-a: Cooperation of state departments

§ 364-a. Cooperation of state departments. 1. There shall be such

cooperative arrangements, between and among the department of health and

other state departments and agencies as shall be necessary to assure

that the purposes and objectives of this title will be effectively

accomplished. The commissioner of the department of health shall have

the authority to delegate responsibility under this title to other state

departments and agencies and to enter into memoranda of understanding as

may be necessary to carry out the provisions of this title.

2. Notwithstanding any inconsistent provision of law, the department

of health shall enter into a cooperative agreement with the office of

mental health which shall;

(i) provide for the office of mental health, on or after the date of

the agreement, to administer and supervise the medical care, health

care, habilitative, rehabilitative and maintenance services provided

pursuant to this title at residential treatment facilities for children

and youth licensed by the office of mental health pursuant to article

thirty-one of the mental hygiene law, and

(ii) authorize the office of mental health to perform such

administration and supervision, either directly or by contract, as the

office of mental health may from time-to-time determine. On or after the

effective date of such agreement, all of the functions provided for in

this title for the administration and supervision of medical care,

health care, habilitative, rehabilitative and maintenance services

provided hereunder by residential treatment facilities for children and

youth licensed by the office of mental health pursuant to article

thirty-one of the mental hygiene law shall be performed by the office of

mental health to the extent permitted by applicable federal law and to

the extent that federal reimbursement for such care and services is not

impaired. A cooperative agreement previously entered into by the

department of social services pursuant to this subdivision shall

continue in effect until modified or terminated by the department of

health.

* 3. Notwithstanding any inconsistent provision of law, the department

of health shall enter into a cooperative agreement with the office of

mental health which shall:

(i) provide for the office of mental health, on or after the date of

the agreement, to administer and supervise the medical care, health

care, habilitative, rehabilitative and maintenance services provided

pursuant to this title at comprehensive psychiatric emergency programs

licensed by the office of mental health pursuant to article thirty-one

of the mental hygiene law, and

(ii) authorize the office of mental health to perform such

administration and supervision, either directly or by contract, as the

office of mental health may determine to be necessary. On or after the

effective date of such agreement, all of the functions provided for in

this title for the administration and supervision of medical care,

health care, habilitative, rehabilitative and maintenance services

provided at comprehensive psychiatric emergency programs licensed by the

office of mental health pursuant to article thirty-one of the mental

hygiene law shall be performed by the office of mental health to the

extent permitted by federal law and to the extent that federal

reimbursement for such care and services is not impaired. A cooperative

agreement previously entered into by the department of social services

pursuant to this subdivision shall continue in effect until modified or

terminated by the department of health.

* NB Repealed July 1, 2027