Title MHY, Mental Hygiene

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

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

§ 41.15 Approved plans and state aid.\n (a) Net operating costs of programs incurred pursuant to an approved\nlocal services plan in accordance with the regulations of the\ncommissioner or commissioners of the office or offices of the department\nhaving jurisdiction of the servic…

§ 41.16 Local planning; state and local responsibilities.\n (a) Each of the offices of the department shall guide and facilitate\nthe process of local planning so that plans for the provision of all\nservices, including state and local services, can be formulated on the\nbasis of…

§ 41.17 State and local coordination.\n Each commissioner of an office in the department, consistent with the\ngoals and objectives established by the advisory council of such office\nin cooperation with the New York state conference of local mental\nhygiene directors and provide…

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

§ 41.24 Study on alternative to net deficit funding.\n On or before April fifteenth, nineteen hundred ninety, the\ncommissioner shall submit to the legislature a study and recommendations\nfor a proposed alternative to net deficit funding established pursuant\nto article forty-on…

§ 41.25 Fees.\n (a) As a prerequisite for state aid, local governmental units and\nvoluntary agencies shall establish fee or payment schedules for clinical\nservices and may establish fee or payment schedules for other services\nreflecting costs of services, pursuant to regulatio…

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

§ 41.29 Liability of local government.\n Any local government which has established a local governmental unit\nshall save harmless and protect the members of the board and officers\nand employees of such unit from financial loss arising out of any claim,\ndemand, suit, or judgmen…

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

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

§ 41.33 Community residences for the mentally disabled.\n The commissioner shall have the power to operate or cause to be\noperated community residential facilities for the mentally disabled.\nWithin amounts available therefor and subject to regulations established\nby him and no…

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

§ 41.35 Demonstration programs.\n * (a) The commissioners of the offices in the department shall cause\nto be developed plans for three or more time-limited demonstration\nprograms, the purpose of which shall be to test and evaluate new methods\nor arrangements for organizing, fi…

§ 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\n children and youth development grants.\n (a) The commissioner of the office of mental health or the\ncommissioner of the office for people with developmental disabilities is\nauthorized, within appropriations ma…

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

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

* § 41.40 Small community residential facilities.\n The commissioner of the office for people with developmental\ndisabilities is directed to submit to the governor and the legislature\nno later than January first, nineteen hundred ninety-one, a report and\nrecommendations of act…

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

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

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

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

§ 41.44 Community residential services for the mentally ill.\n (a) The commissioner of mental health is authorized, within\nappropriations made therefor, to establish a continuum of community\nresidential services for the mentally ill.\n (b) The commissioner shall establish stand…

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

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

§ 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.\n (a) Notwithstanding any inconsistent provision of this article and\nwithin appropriations made therefor, the commissioners of the office of\nmental health and the office for people with developmental disabilities\nare authorized upon t…

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

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

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

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

§ 41.52 Community residential services for alcoholism.\n (a) The commissioner of alcoholism and substance abuse services is\nauthorized, within appropriations made therefor, to establish a\ncontinuum of community residential services for alcoholism.\n (b) The commissioner shall e…

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

* § 41.54 Roles and responsibilities of certain board members.\n Within appropriations made therefor, the commissioner of the\nappropriate office within the department of mental hygiene shall provide\nappropriate information to members of boards of directors of\norganizations lic…

* § 41.54 Employee assistance programs.\n (a) The director of the division of alcoholism and alcohol abuse may,\nwithin appropriations made therefor, provide assistance in establishing\nand maintaining employee assistance programs.\n (b) Such assistance may be provided to a conso…

* § 41.55 Community mental health support and workforce reinvestment\n program.\n (a) Community mental health support and workforce reinvestment funds\nshall be annually allocated by the commissioner based upon the following\ncriteria:\n (1) the efficiency and effectiveness of th…

§ 41.57 Compulsive gambling education and treatment program.\n Notwithstanding any inconsistent provisions of this article and within\namounts made available therefor by appropriation, the commissioner is\nauthorized to develop, expand, operate or cause to be operated\ncompulsive…

§ 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.\n (a) The patient, his estate, his spouse, his parents or his legal\nguardian if he is under twenty-one years of age, and his committee and\nany fiduciary or representative payee holding assets for him or on his\nbehalf are jointly and severally liable…

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

§ 43.05 Securing financial information.\n (a) A person who applies for the reduction or waiver of fees on the\nground of inability to pay shall disclose all assets and shall file a\nrelease to permit the department to investigate resources and assets and\nto verify statements mad…

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

§ 43.07 Bill collection procedures.\n (a) The commissioner may enter into agreements with the patient or a\nperson liable for him pursuant to this chapter to assure the regular\npayment of fees.\n (b) The commissioner may collect bills not paid within sixty days of\npresentment o…

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

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

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

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