Title MHY, Mental Hygiene

§ 41.11 Composition of boards. * (a) In all local governments with a population less than one hundred thousand, community services boards, at the option of the local government, shall have either nine or fifteen members appointed by the local government. In all other local govern…

§ 41.13 Powers and duties of local governmental units. (a) Every local governmental unit shall: 1. review services and local facilities for the mentally disabled of the area which it serves and their relationship to local need; determine needs of the mentally disabled of such are…

§ 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 an…

§ 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 appr…

§ 41.17 State and local coordination. Each commissioner of an office in the department, consistent with the goals and objectives established by the advisory council of such office in cooperation with the New York state conference of local mental hygiene directors and providers of…

§ 41.18 Local services plan; state aid. (a) A local services plan is a plan for the rendition of local services. Such a plan must have been developed by the local governmental unit with the involvement of consumers, consumer groups, voluntary agencies and other providers of servi…

§ 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 …

§ 41.25 Fees. (a) As a prerequisite for state aid, local governmental units and voluntary agencies shall establish fee or payment schedules for clinical services and may establish fee or payment schedules for other services reflecting costs of services, pursuant to regulations of…

§ 41.27 State aid procedures. (a) State aid shall not be granted for capital costs unless: 1. appropriations authorizing them have been requested by the commissioner; 2. these appropriations have been recommended by the governor in a budget bill which specifies the facility to be…

§ 41.29 Liability of local government. Any local government which has established a local governmental unit shall save harmless and protect the members of the board and officers and employees of such unit from financial loss arising out of any claim, demand, suit, or judgment by …

§ 41.31 Publication of records. Every local governmental unit shall make available in its office, as a public record, copies of its state-approved plans and proposals, and of its rules, regulations, and contracting procedures.

§ 41.32 Transitional provisions for local assistance funding of federally funded demonstration projects for treatment of alcoholics. Notwithstanding any inconsistent provision of law, whenever demonstration projects for treatment of alcoholics are converted to local assistance fo…

§ 41.33 Community residences for the mentally disabled. The commissioner shall have the power to operate or cause to be operated community residential facilities for the mentally disabled. Within amounts available therefor and subject to regulations established by him and notwith…

§ 41.34 Site selection of community residential facilities. (a) For the purposes of this section, the following definitions shall apply: (1) "Community residential facility for the disabled" means a supportive living facility with four to fourteen residents or a supervised living…

§ 41.35 Demonstration programs. * (a) The commissioners of the offices in the department shall cause to be developed plans for three or more time-limited demonstration programs, the purpose of which shall be to test and evaluate new methods or arrangements for organizing, financi…

§ 41.36 Community residential facilities.\n The commissioner of developmental disabilities shall establish a\nprocedure, subject to the approval of the state comptroller, whereby\npayments in addition to the personal allowance of an individual living\nin a community residential f…

§ 41.37 Community residence and residential treatment facility for children and youth development grants. (a) The commissioner of the office of mental health or the commissioner of the office for people with developmental disabilities is authorized, within appropriations made the…

§ 41.38 Rental and mortgage payments of community residential facilities for the mentally ill. (a) "Supportive housing" shall mean, for the purpose of this section only, the method by which the commissioner contracts to provide rental support and funding for non-clinical support …

§ 41.39 Vocational programs; sheltered workshop industrial contract income. (a) The commissioner of mental health and the commissioner of developmental disabilities shall, consistent with the state integrated employment implementation plan developed pursuant to subdivision two of…

* § 41.40 Small community residential facilities. The commissioner of the office for people with developmental disabilities is directed to submit to the governor and the legislature no later than January first, nineteen hundred ninety-one, a report and recommendations of actions …

* § 41.40 Respite services. (a) Definitions. When read in this article: 1. "Respite" shall mean the provision of intermittent temporary substitute care of mentally retarded or developmentally disabled persons on behalf of and in the absence of the parent or legal guardian of the …

§ 41.41 Rights of persons with developmental disabilities. 1. Each person who resides in a community residence has the same basic and legal rights as all other persons of the same age. Such rights are in no way diminished by the fact that such persons who have a developmental dis…

§ 41.42 Family support programs. The commissioner of mental health, directly or through contract, and within amounts made available therefor, shall establish a family support program. The purpose of the program shall be to examine the impact of the provision of educational and su…

§ 41.43 Family support services. (a) The commissioner of the office for people with developmental disabilities, directly or through contract, and within amounts made available therefor, shall establish a family-directed, statewide system of comprehensive family support services. …

§ 41.44 Community residential services for the mentally ill. (a) The commissioner of mental health is authorized, within appropriations made therefor, to establish a continuum of community residential services for the mentally ill. (b) The commissioner shall establish standards f…

§ 41.45 Development grants for residential care centers for adults. The commissioner of mental health is authorized, within appropriations made therefor, to make grants to local governmental units and voluntary agencies for up to one hundred percent of the reasonable pre-operatio…

§ 41.46 Disclosure by members, officers and employees. In the event that an agency licensed by the office for people with developmental disabilities, the office of mental health or the office of alcoholism and substance abuse services enters into an agreement or has entered into …

§ 41.47 Community support services program.\n (a) As used in this section:\n (1) "Approved reimbursable rate" means the maximum rate of payment per\nunit of service established by the commissioner of mental health\npursuant to subdivision (e) of this section, or the actual unit c…

§ 41.48 Real property acquisition options. (a) Notwithstanding any inconsistent provision of this article and within appropriations made therefor, the commissioners of the office of mental health and the office for people with developmental disabilities are authorized upon the ap…

* § 41.49 Adolescent suicide prevention program. 1. Within amounts appropriated, the office of mental health is hereby authorized and directed to establish and conduct, in consultation with and upon the approval of the council on children and families, a special program, the purp…

* § 41.49 Community based mental health services for seriously emotionally disturbed children. 1. As used in this section: "Seriously emotionally disturbed children" shall mean persons under the age of eighteen who have a serious, persistent disability which: (i) is caused by a m…

* § 41.50 Development grants for comprehensive psychiatric emergency programs. The commissioner of mental health may, subject to the approval of the director of the budget, make grants to local governmental units, voluntary agencies, and general hospitals licensed pursuant to art…

* § 41.51 State aid for costs of comprehensive psychiatric emergency programs. (a) Notwithstanding any inconsistent provision of this article, local governments may be granted state aid, subject to appropriations made therefor, for up to one hundred percent of the net operating c…

§ 41.52 Community residential services for alcoholism. (a) The commissioner of alcoholism and substance abuse services is authorized, within appropriations made therefor, to establish a continuum of community residential services for alcoholism. (b) The commissioner shall establi…

§ 41.53 Community residence development grants for alcoholism services. (a) The commissioner of alcoholism and substance abuse services is authorized, within appropriations made therefor, to make grants to local governmental units and voluntary nonprofit agencies developing an al…

* § 41.54 Roles and responsibilities of certain board members. Within appropriations made therefor, the commissioner of the appropriate office within the department of mental hygiene shall provide appropriate information to members of boards of directors of organizations licensed…

* § 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,…

* § 41.55 Community mental health support and workforce reinvestment program. (a) Community mental health support and workforce reinvestment funds shall be annually allocated by the commissioner based upon the following criteria: (1) the efficiency and effectiveness of the use of…

§ 41.57 Compulsive gambling education and treatment program. Notwithstanding any inconsistent provisions of this article and within amounts made available therefor by appropriation, the commissioner is authorized to develop, expand, operate or cause to be operated compulsive gamb…

§ 43.01 Fees and rates for department services.\n (a) The department shall charge fees for its services to patients and\nresidents, provided, however, that no person shall be denied services\nbecause of inability or failure to pay a fee.\n (b) The commissioner may establish, at l…

§ 43.02 Rates or methods of payment for services at facilities subject\n to licensure or certification by the office of mental health,\n the office for people with developmental disabilities or the\n office of alcoholism and substance abuse services.\n * (a) Notwithstanding any i…

§ 43.03 Liability for fees. (a) The patient, his estate, his spouse, his parents or his legal guardian if he is under twenty-one years of age, and his committee and any fiduciary or representative payee holding assets for him or on his behalf are jointly and severally liable for …

§ 43.04 Provider of services assessments. 1. For purposes of this section, provider of services shall refer to (i) those providers as defined by subdivision five of section 1.03 of this chapter which are licensed by the office for people with developmental disabilities pursuant t…

§ 43.05 Securing financial information. (a) A person who applies for the reduction or waiver of fees on the ground of inability to pay shall disclose all assets and shall file a release to permit the department to investigate resources and assets and to verify statements made in …

§ 43.06 Assessments. 1. Providers of services, as defined in this section, are charged assessments on their gross receipts received from all patient care services and other operating income less personal needs allowances and refunds on a cash basis in the percentage amounts and f…

§ 43.07 Bill collection procedures. (a) The commissioner may enter into agreements with the patient or a person liable for him pursuant to this chapter to assure the regular payment of fees. (b) The commissioner may collect bills not paid within sixty days of presentment or pursu…

§ 43.09 Certain transactions void. A transaction between a patient or person liable for him and another which is intended to avoid liability under this article is void and any person benefiting from such a transaction shall be liable for fees to the extent of the value of the res…

§ 43.11 Refunds. Payments received by the commissioner pursuant to this chapter may be refunded if they were: 1. in excess of the actual fee charged; or 2. charges for services which were not rendered; or 3. received from the funds of a patient or another person which are not ava…

§ 43.12 Electronic submission of periodic cost reports to the office for people with developmental disabilities. Notwithstanding any provision of law, rule or regulation to the contrary, every operator of a facility which is licensed by the office for people with developmental di…

§ 47.01 Mental hygiene legal service. (a) There shall be a mental hygiene legal service of the state in each judicial department. The service shall provide legal assistance to patients or residents of a facility as defined in section 1.03 of this chapter, patients or residents of…