[ ] is old law to be omitted.
LBD12277-04-0
S. 8169 2 A. 11439
organizations and provide equivalent fees through an ambulatory
patient group methodology relating thereto (Part H); to amend chapter
405 of the laws of 1999 amending the real property tax law relating to
improving the administration of the school tax relief (STAR) program,
in relation to the lottery game of Quick Draw (Part I); to amend chap-
ter 349 of the laws of 1982 amending the multiple dwelling law relat-
ing to legalization of interim multiple dwellings in cities over one
million, in relation to the effectiveness thereof; to amend the multi-
ple dwelling law, in relation to owner obligations (Part J); to
authorize certain deposits and transfers (Part K); and to amend the
executive law and part E of chapter 109 of the laws of 2010 amending
the executive law relating to reimbursement for expenditures made by
the office of children and family services, in relation to reimburse-
ments and authorizing the transfer of certain funds (Part L)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2010-2011
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through L. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Section 29.23 of the mental hygiene law is amended to read
as follows:
S 29.23 Powers with respect to property of [patients] PERSONS RECEIVING
SERVICES.
The commissioner may authorize the directors of department facilities,
to receive or obtain funds or other personal property, excepting jewel-
ry, due or belonging to a [patient] PERSON RECEIVING SERVICES FROM SUCH
FACILITY who has no [committee] GUARDIAN AUTHORIZED TO RECEIVE SUCH
FUNDS OR PROPERTY, up to an amount or value not exceeding [five] TWEN-
TY-FIVE thousand dollars; and also from a [committee] GUARDIAN upon his
discharge when the final order so provides where the balance remaining
in the hands of such [committee] GUARDIAN does not exceed such amount.
Such personal property, excepting jewelry, other than moneys shall be
retained by the director for the benefit of the [patient] PERSON for
whom received until sold as hereinafter provided. Such funds and the
proceeds of the sale of other personal property so received shall be
placed to the credit of the [patient] PERSON for whom received and
disbursed on the order of the director, to provide, in the first
instance, for luxuries, comforts, and necessities for such [patient]
PERSON, including burial expenses[, and, if funds are thereafter avail-
able, for the support of such patient] AND SUCH DIRECTOR SHALL BE
AUTHORIZED TO SEEK TO PLACE, TO THE EXTENT PERMISSIBLE BY LAW, FUNDS IN
EXCESS OF THE APPROPRIATE ELIGIBILITY LEVEL FOR GOVERNMENT BENEFITS,
INTO A QUALIFYING MEDICAID EXCEPTION TRUST, INCLUDING A SPECIAL NEEDS
S. 8169 3 A. 11439
TRUST, OR SIMILAR DEVICE. THE DIRECTOR OF A DEPARTMENT FACILITY SHALL
ENSURE THAT THE TREATMENT TEAM MEET WITH, AND DETERMINE THE CURRENT AND
FUTURE PERSONAL NEEDS OF, THE PERSON RECEIVING SERVICES. FOR PURPOSES OF
THIS SECTION, A TREATMENT TEAM IS ONE THAT IS RESPONSIBLE FOR THE
FOLLOWING, INCLUDING BUT NOT LIMITED TO, CLINICAL ASSESSMENTS, TREATMENT
PLAN DEVELOPMENT, ANY NECESSARY DISCHARGE PLANNING, AND PERSONAL EXPEND-
ITURE PLANNING. The commissioner may authorize directors, on behalf of
any such [patient] PERSON, to give receipts, execute releases and other
documents required by law or court order, to endorse checks and drafts,
and to convert personal property excepting jewelry into money by sale
for an adequate consideration, and to execute bills of sale or to permit
such [patient] PERSON to do so, in order that the proceeds may be depos-
ited to the credit of such [patient] PERSON in accordance with the
provisions of this section.
Whenever, under the provisions of this section, the commissioner shall
authorize the director of a facility in the department to receive moneys
or other personal property excluding jewelry belonging to a [patient]
PERSON which are on deposit in any bank or other institution or which
are due to the person from any person or agency, such bank, institution,
person, or agency shall, upon the written request of the director,
forthwith turn over to such director from such moneys or personal prop-
erty the amount or value hereinbefore specified. Any moneys received by
the director of such facility shall be deposited by him in such bank or
trust company as shall be designated by the comptroller, except that the
commissioner may, in his discretion, invest so much thereof as he may
deem advisable in bonds issued by the United States government or any of
its agencies.
Moneys belonging to a [patient] PERSON received by the director of
such facility pursuant to law shall be received by him in his official
capacity as such director and such receipt shall be deemed an exercise
or performance by him of a power and duty duly conferred by this
section. IN THE EVENT THAT A DIRECTOR OF A DEPARTMENT FACILITY RECEIVES
A WINDFALL PAYMENT ON BEHALF OF A PERSON WHICH, IN COMBINATION WITH
OTHER FUNDS HELD ON BEHALF OF SUCH PERSON, WOULD CAUSE SUCH PERSON TO
BECOME INELIGIBLE FOR GOVERNMENT BENEFITS, SUCH DIRECTOR SHALL, TO THE
EXTENT PERMISSIBLE BY LAW, APPLY THE FUNDS IN EXCESS OF THE APPROPRIATE
ELIGIBILITY LEVEL TO THE PERSON'S PERSONAL NEEDS OR SEEK TO PLACE SUCH
EXCESS FUNDS INTO A QUALIFYING MEDICAID EXCEPTION TRUST, INCLUDING A
SPECIAL NEEDS TRUST, OR SIMILAR DEVICE. FOR PURPOSES OF THIS SECTION, A
WINDFALL PAYMENT SHALL MEAN A ONE-TIME PAYMENT SUCH AS A GIFT, AN INHER-
ITANCE, LOTTERY WINNINGS, OR COURT-ORDERED JUDGMENT OR SETTLEMENT.
THIS SECTION SHALL NOT APPLY TO ANY FEDERAL OR STATE BENEFITS RECEIVED
BY THE DIRECTOR AS REPRESENTATIVE PAYEE, WHICH BENEFITS SHALL BE HANDLED
IN ACCORDANCE WITH SECTION 33.07 OF THIS TITLE AND REGULATIONS PROMUL-
GATED THEREUNDER.
S 2. The section heading and subdivision (e) of section 33.07 of the
mental hygiene law, subdivision (e) as added by chapter 709 of the laws
of 1986, are amended and four new subdivisions (f), (g), (h) and (i) are
added to read as follows:
Care and custody of the personal property of [patients] PERSONS
RECEIVING SERVICES.
(e) A mental hygiene facility [which] DIRECTOR WHO is a representative
payee for a [patient] PERSON pursuant to designation by the social secu-
rity administration or [which] OTHER FEDERAL AGENCY AND WHO assumes
management responsibility over the funds of [a patient] SUCH PERSON,
INCLUDING BENEFITS FOR WHICH THERE IS A STATE SHARE, shall maintain such
S. 8169 4 A. 11439
funds in a fiduciary capacity to the [patient] PERSON; PROVIDED THAT THE
APPLICATION OF SUCH FUNDS TO THE COST OF CARE AND TREATMENT OF SUCH
PERSON SHALL NOT, IN AND OF ITSELF, BE A VIOLATION OF SUCH FIDUCIARY
OBLIGATION IF SUCH DIRECTOR ACTS IN ACCORDANCE WITH FEDERAL LAW AND
REGULATIONS. The commissioners of mental health [and], mental retarda-
tion and developmental disabilities, AND ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES shall [develop standards] PROMULGATE REGULATIONS regarding the
management AND PROTECTION of [patient] SUCH funds IN COLLABORATION WITH
PERSONS RECEIVING SERVICES, ADVOCACY GROUPS REPRESENTING PERSONS RECEIV-
ING SERVICES AND FAMILIES OF SUCH PERSONS, AND MENTAL HYGIENE LEGAL
SERVICE. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE USE
OF MEDICAID EXCEPTION TRUSTS, INCLUDING SPECIAL NEEDS TRUSTS OR SIMILAR
DEVICES, NOTICE REQUIREMENTS TO QUALIFIED PERSONS AS DEFINED BY SECTION
33.16 OF THIS ARTICLE REGARDING THE INTENT OF THE FACILITY DIRECTOR TO
APPLY TO BE THE PERSON'S REPRESENTATIVE PAYEE, AND THE APPROPRIATE
ESTABLISHMENT AND MAINTENANCE OF A DISCHARGE ACCOUNT FOR FUTURE NEEDS.
IN THE EVENT THAT A DIRECTOR OF A DEPARTMENT FACILITY RECEIVES A LUMP
SUM RETROACTIVE PAYMENT OF A FEDERAL OR STATE BENEFIT ON BEHALF OF A
PERSON IN THE DIRECTOR'S CAPACITY AS REPRESENTATIVE PAYEE AND THE
RECEIPT OF SUCH FUNDS WOULD, IN COMBINATION WITH OTHER FUNDS HELD ON
BEHALF OF SUCH PERSON, MAKE THE PERSON INELIGIBLE FOR GOVERNMENT BENE-
FITS, SUCH DIRECTOR SHALL, TO THE EXTENT PERMISSIBLE BY LAW, APPLY THE
FUNDS IN EXCESS OF THE APPROPRIATE ELIGIBILITY LEVEL TO THE PERSON'S
PERSONAL NEEDS OR SEEK TO PLACE SUCH EXCESS FUNDS INTO A QUALIFYING
MEDICAID EXCEPTION TRUST, INCLUDING A SPECIAL NEEDS TRUST, OR SIMILAR
DEVICE; PROVIDED, HOWEVER, THAT, FOR PURPOSES OF THIS SECTION, THE TERM
"LUMP SUM RETROACTIVE PAYMENT" SHALL NOT APPLY TO ANY PAYMENT THAT
EXCEEDS THE EXPECTED MONTHLY RECURRING AMOUNT WHERE SUCH EXCESS IS DUE
TO A DELAY IN PROCESSING AN APPLICATION, CHANGING A REPRESENTATIVE PAYEE
OR SIMILAR ADMINISTRATIVE DELAY. THE DIRECTOR OF A DEPARTMENT FACILITY
SHALL ENSURE THAT THE TREATMENT TEAM MEET WITH, AND DETERMINE THE
CURRENT AND FUTURE PERSONAL NEEDS OF, THE PERSON RECEIVING SERVICES. FOR
PURPOSES OF THIS SECTION, A TREATMENT TEAM IS ONE THAT IS RESPONSIBLE
FOR THE FOLLOWING, INCLUDING BUT NOT LIMITED TO, CLINICAL ASSESSMENTS,
TREATMENT PLAN DEVELOPMENT, ANY NECESSARY DISCHARGE PLANNING, AND
PERSONAL EXPENDITURE PLANNING.
(F) THE COMMISSIONERS OF MENTAL HEALTH, MENTAL RETARDATION AND DEVEL-
OPMENTAL DISABILITIES, AND ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL
POST ON THE OFFICES' RESPECTIVE WEBSITES, IN A PROMINENT LOCATION, THE
APPLICABLE STANDARDS, REGULATIONS AND/OR POLICIES ESTABLISHED PURSUANT
TO THIS SECTION.
(G) UPON REQUEST BY A PERSON RECEIVING SERVICES FROM A DEPARTMENT
FACILITY, HIS OR HER GUARDIAN, QUALIFIED PERSONS, AS DEFINED BY SECTION
33.16 OF THIS ARTICLE, OR OTHER LEGALLY AUTHORIZED REPRESENTATIVE, THE
DIRECTOR OF SUCH FACILITY SHALL, ON A QUARTERLY BASIS, MAKE A STATEMENT
OF DEPOSITS AND DISBURSEMENTS FROM THE PERSONAL ACCOUNT OF THE PERSON
RECEIVING SERVICES AVAILABLE FOR REVIEW.
(H) THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIES AND MENTAL HYGIENE LEGAL SERVICE SHALL
COLLABORATIVELY REVIEW, AT LEAST ANNUALLY, THE MANAGEMENT OF FUNDS WHICH
A DEPARTMENT FACILITY DIRECTOR RECEIVES AS A REPRESENTATIVE PAYEE OR OF
FUNDS RECEIVED PURSUANT TO SECTION 29.23 OF THIS TITLE. IN SUCH REVIEW,
THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES SHALL MAKE AVAILABLE FINAL FEDERAL REVIEWS
REGARDING FACILITY DIRECTORS' HANDLING OF FEDERAL BENEFITS AND OTHER
RELATED DOCUMENTS TO AID THE PROPER CONDUCT OF SUCH REVIEW.
S. 8169 5 A. 11439
(I) THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIES SHALL, BY THE FIFTEENTH DAY OF DECEMBER
OF EACH YEAR, COMMENCING ON DECEMBER FIFTEENTH, TWO THOUSAND ELEVEN,
SUBMIT AND PUBLISH ON ITS OFFICIAL WEBSITE, A REPORT TO THE GOVERNOR,
SPEAKER OF THE ASSEMBLY, TEMPORARY PRESIDENT OF THE SENATE, CHAIR OF THE
ASSEMBLY COMMITTEE ON MENTAL HEALTH, AND THE CHAIR OF THE SENATE COMMIT-
TEE ON MENTAL HEALTH, DETAILING HOW PERSONS' FEDERAL BENEFITS ARE BEING
UTILIZED.
S 3. This act shall take effect immediately; and shall expire and be
deemed repealed June 30, 2014.
PART B
Section 1. Section 1 of chapter 119 of the laws of 2007 directing the
commissioner of mental health to study, evaluate and report on the unmet
mental health needs of traditionally underserved populations, is amended
to read as follows:
Section 1. The commissioner of mental health shall study, evaluate and
report on the unmet mental health service needs of traditionally under-
served populations. Such study and evaluation shall identify those popu-
lations with high rates of unmet mental health service needs, including
but not limited to: racial and ethnic minorities, persons with limited
English proficiency, persons with unmet housing needs, high-risk demo-
graphic populations (children, adolescents, young adults and the elder-
ly), persons with criminal justice contact, and those lacking sufficient
mental health care coverage. Such commissioner shall report, on or
before October 1, [2010] 2011, his or her findings and recommendations
to improve service delivery to these populations, including an analysis
of promising practices that support cultural and linguistic competence
in the provision of mental health services in the state. Such report
shall be submitted to the governor, the temporary president of the
senate, the speaker of the assembly, the chair of the senate committee
on mental health and developmental disabilities and the chair of the
assembly committee on mental health.
S 2. This act shall take effect immediately.
PART C
Section 1. (a) Notwithstanding the provisions of subdivision (e) of
section 7.17 or section 41.55 of the mental hygiene law, or any other
law to the contrary, the office of mental health is authorized in state
fiscal year 2010-11 to reduce adult inpatient capacity in the aggregate
by no more than 250 beds through closure of wards not to exceed 175
beds, or through conversion of such beds to transitional placement
programs, provided, however, that nothing in this section shall be
interpreted as restricting the ability of the office of mental health to
reduce inpatient bed capacity beyond 250 beds in state fiscal year
2010-11, but such reductions shall be subject to the provisions of
subdivision (e) of section 7.17 and section 41.55 of the mental hygiene
law. Determinations concerning the closure of such wards in fiscal year
2010-11 shall be made by the office of mental health based on data
related to inpatient census, indicating nonutilization or under utiliza-
tion of beds, and the efficient operation of facilities. Determinations
concerning the conversion of such wards to transitional placement
programs in fiscal year 2010-11 shall be made by the office of mental
health based upon the identification of patients who have received inpa-
S. 8169 6 A. 11439
tient care and who are clinically determined to be appropriate for a
less restrictive level of mental health treatment. The office of mental
health shall provide notice to the legislature as soon as possible, but
no later than two weeks prior to the anticipated closure or conversion
of wards pursuant to this act.
(b) For the purposes of this act, the term "transitional placement
program" shall be defined to include, but not be limited to, a super-
vised residential program that provides outpatient services, treatment
and training, and which supports the transition of patients to more
integrated community settings.
S 2. Section 7 of part R2 of chapter 62 of the laws of 2003, amending
the mental hygiene law and the state finance law relating to the commu-
nity mental health support and workforce reinvestment program, the
membership of subcommittees for mental health of community services
boards and the duties of such subcommittees and creating the community
mental health and workforce reinvestment account, as amended by section
1 of part E of chapter 58 of the laws of 2004, is amended to read as
follows:
S 7. This act shall take effect immediately and shall expire March 31,
[2010] 2013 when upon such date the provisions of this act shall be
deemed repealed.
S 3. Subdivision (e) of section 41.55 of the mental hygiene law, as
amended by section 1 of part N1 of chapter 63 of the laws of 2003, is
amended to read as follows:
(e) The amount of community mental health support and workforce rein-
vestment funds for the office of mental health shall be determined in
the annual budget and shall include the amount of actual state oper-
ations general fund appropriation reductions, including personal service
savings and other than personal service savings directly attributed to
each child and adult non-geriatric inpatient bed closure. For the
purposes of this section a bed shall be considered to be closed upon the
elimination of funding for such beds in the executive budget. The
appropriation reductions as a result of inpatient bed closures shall be
no less than seventy thousand dollars per bed on a full annual basis, as
annually recommended by the commissioner, subject to the approval of the
director of the budget, in the executive budget request prior to the
fiscal year for which the executive budget is being submitted. [The
commissioner shall report to the governor, the temporary president of
the senate and the speaker of the assembly no later than October first,
two thousand three, and annually thereafter, with an explanation of the
methodologies used to calculate the per bed closure savings.] The meth-
odologies USED TO CALCULATE THE PER BED CLOSURE SAVINGS shall be devel-
oped by the commissioner and the director of the budget. In no event
shall the full annual value of community mental health support and work-
force reinvestment programs attributable to beds closed as a result of
net inpatient census decline exceed the twelve month value of the office
of mental health state operations general fund reductions resulting from
such census decline. Such reinvestment amount shall be made available in
the same proportion by which the office of mental health's state oper-
ations general fund appropriations are reduced each year as a result of
child and adult non-geriatric inpatient bed closures due to census
decline.
S 4. Subdivisions (h) and (l) of section 41.55 of the mental hygiene
law are REPEALED and subdivisions (i), (j), (k), and (m) are relettered
subdivisions (h), (i), (j) and (k).
S. 8169 7 A. 11439
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010, provided
that the amendments to section 41.55 of the mental hygiene law made by
sections three and four of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
PART D
Section 1. The office of mental health is authorized to recover fund-
ing from community residences and family-based treatment providers
licensed by the office of mental health, consistent with contractual
obligations of such providers, and notwithstanding any other inconsist-
ent provision of law to the contrary, in an amount equal to 50 percent
of the income received by such providers which exceeds the fixed amount
of annual Medicaid revenue limitations, as established by the commis-
sioner of mental health. Recovery of such excess income shall be for the
following fiscal periods: for programs in counties located outside of
the city of New York, the applicable fiscal periods shall be January 1,
2003 through December 31, 2009; and for programs located within the city
of New York, the applicable fiscal periods shall be July 1, 2003 through
June 30, 2010.
S 2. This act shall take effect immediately.
PART E
Section 1. Paragraph 1 of subdivision (a) of section 9.60 of the
mental hygiene law, as amended by chapter 158 of the laws of 2005, is
amended to read as follows:
(1) "assisted outpatient treatment" shall mean categories of outpa-
tient services which have been ordered by the court pursuant to this
section. Such treatment shall include case management services or
assertive community treatment team services to provide care coordi-
nation, and may also include any of the following categories of
services: medication; periodic blood tests or urinalysis to determine
compliance with prescribed medications; individual or group therapy; day
or partial day programming activities; educational and vocational train-
ing or activities; alcohol or substance abuse treatment and counseling
and periodic tests for the presence of alcohol or illegal drugs for
persons with a history of alcohol or substance abuse; supervision of
living arrangements; and any other services within a local [or unified]
services plan developed pursuant to article forty-one of this chapter,
prescribed to treat the person's mental illness and to assist the person
in living and functioning in the community, or to attempt to prevent a
relapse or deterioration that may reasonably be predicted to result in
suicide or the need for hospitalization.
S 2. Paragraph 2 of subdivision (b) of section 31.27 of the mental
hygiene law, as added by chapter 723 of the laws of 1989, is amended to
read as follows:
(2) The commissioner of mental health shall require that each compre-
hensive psychiatric emergency program submit a plan. The plan must be
approved by the commissioner prior to the issuance of an operating
certificate pursuant to this article. Each plan shall include: (i) a
description of the program's catchment area; (ii) a description of the
program's psychiatric emergency services, including crisis intervention
services, crisis outreach services, crisis residence services, extended
observation beds, and triage and referral services, whether or not
S. 8169 8 A. 11439
provided directly or through agreement with other providers of services;
(iii) agreements or affiliations with hospitals, as defined in section
1.03 of this chapter, to receive and admit persons who require inpatient
psychiatric services; (iv) agreements or affiliations with general
hospitals to receive and admit persons who have been referred by the
comprehensive psychiatric emergency program and who require medical or
surgical care which cannot be provided by the comprehensive psychiatric
emergency program; (v) a description of local resources available to the
program to prevent unnecessary hospitalizations of persons, which shall
include agreements with local mental health, health, substance abuse,
alcoholism or alcohol abuse, mental retardation and developmental disa-
bilities, or social services agencies to provide appropriate services;
(vi) a description of the program's linkages with local police agencies,
emergency medical services, ambulance services, and other transportation
agencies; (vii) a description of local resources available to the
program to provide appropriate community mental health services upon
release or discharge, which shall include case management services and
agreements with state or local mental health and other human service
providers; (viii) written criteria and guidelines for the development of
appropriate discharge planning for persons in need of post emergency
treatment or services[,]; (ix) a statement indicating that the program
has been included in an approved local [or unified] services plan devel-
oped pursuant to article forty-one of this chapter for each local
government located within the program's catchment area; and (x) any
other information or agreements required by the commissioner.
S 3. Subdivision (d) of section 33.13 of the mental hygiene law, as
amended by chapter 408 of the laws of 1999, is amended to read as
follows:
(d) Nothing in this section shall prevent the electronic or other
exchange of information concerning patients or clients, including iden-
tification, between and among (i) facilities or others providing
services for such patients or clients pursuant to an approved local [or
unified] services plan, as defined in article forty-one of this chapter,
or pursuant to agreement with the department, and (ii) the department or
any of its licensed or operated facilities. Furthermore, subject to the
prior approval of the commissioner of mental health, hospital emergency
services licensed pursuant to article twenty-eight of the public health
law shall be authorized to exchange information concerning patients or
clients electronically or otherwise with other hospital emergency
services licensed pursuant to article twenty-eight of the public health
law and/or hospitals licensed or operated by the office of mental
health; provided that such exchange of information is consistent with
standards, developed by the commissioner of mental health, which are
designed to ensure confidentiality of such information. Additionally,
information so exchanged shall be kept confidential and any limitations
on the release of such information imposed on the party giving the
information shall apply to the party receiving the information.
S 4. Subdivision (d) of section 33.13 of the mental hygiene law, as
amended by chapter 912 of the laws of 1984, is amended to read as
follows:
(d) Nothing in this section shall prevent the exchange of information
concerning patients or clients, including identification, between (i)
facilities or others providing services for such patients or clients
pursuant to an approved local [or unified] services plan, as defined in
article forty-one, or pursuant to agreement with the department and (ii)
the department or any of its facilities. Information so exchanged shall
S. 8169 9 A. 11439
be kept confidential and any limitations on the release of such informa-
tion imposed on the party giving the information shall apply to the
party receiving the information.
S 5. The article heading of article 41 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
LOCAL [AND UNIFIED] SERVICES
S 6. The second undesignated paragraph and closing paragraph of
section 41.01 of the mental hygiene law, as amended by chapter 978 of
the laws of 1977, are amended to read as follows:
[In order to further the development, for each community in this
state, of a unified system for the delivery of such services, this arti-
cle gives to a local governmental unit the opportunity to participate in
the state-local development of such services by means of a unified
services plan. Such a plan is designed to be a mechanism whereby the
department, department facilities, and local government can jointly plan
for and deliver unified services to meet the needs of the consumers of
such services. The unified services system will strengthen state and
local partnership in the determination of the need for and the allo-
cation of services and more easily provide for the most effective and
economical utilization of new and existing state, local governmental,
and private resources to provide services. A uniform ratio of state and
local government responsibility for financing services under a unified
services plan is established by this article to eliminate having the
types of services provided in a community be determined by the local
government's share of the cost of a particular program rather than the
needs of the community.
It] EFFECTIVE IMPLEMENTATION OF THIS ARTICLE requires the direction
and administration, by each local governmental unit, of a local compre-
hensive planning process for its geographic area in which all providers
of services shall participate and cooperate in the provision of all
necessary information. It also initiates a planning effort involving the
state, local governments and other providers of service for the purpose
of promoting continuity of care through the development of integrated
systems of care and treatment for the mentally ill, mentally retarded
and developmentally disabled, and for those suffering from the diseases
of alcoholism and substance abuse.
S 7. Subdivisions 4 and 14 of section 41.03 of the mental hygiene law
are REPEALED, and subdivisions 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 of
such section, such section as renumbered by chapter 978 of the laws of
1977, are renumbered subdivisions 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13.
S 8. Subdivision 5 of section 41.03 of the mental hygiene law, as
amended by chapter 588 of the laws of 1973 and as renumbered by section
seven of this act, is amended to read as follows:
5. "local governmental unit" means the unit of local government given
authority in accordance with this chapter by local government to provide
local [or unified] services.
S 9. Subdivision (b) of section 41.04 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
(b) Guidelines for the operation of local [and unified] services plans
and financing shall be adopted only by rule or regulation. Such rules
and regulations shall be submitted at least twenty-one days prior to the
effective date thereof to the New York state conference of local mental
hygiene directors for comment thereon; provided, however, if a commis-
sioner finds that the public health, welfare or safety requires the
S. 8169 10 A. 11439
prompt adoption of rules and regulations, he may dispense with such
submission prior to the effective date thereof but, in such case, such
commissioner shall submit such rules and regulations to the conference
as soon as possible for their review within sixty days after the effec-
tive date thereof.
S 10. Subdivisions (a) and (c) of section 41.07 of the mental hygiene
law, as amended by chapter 588 of the laws of 1973 and such section as
renumbered by chapter 978 of the laws of 1977, are amended to read as
follows:
(a) Local governmental units may provide local [or unified] services
and facilities directly or may contract for the provision of those
services by other units of local or state government, by voluntary agen-
cies, or by professionally qualified individuals.
(c) Local governments may provide joint local [or unified] services
and facilities through agreements, made pursuant to law, which may
provide either that one local government provide and supervise these
services for other local governments or that a joint board or a joint
local department be established to administer these services for the
populations of all contracting local governments.
S 11. Subdivision (f) of section 41.10 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
(f) The conference shall have the following powers:
1. To review and comment upon rules or regulations proposed by any of
the offices of the department for the operation of local [and unified]
service plans and programs. Comments on rules or regulations approved by
the conference shall be given to the appropriate commissioner or commis-
sioners for review and consideration; and
2. To propose rules or regulations governing the operation of the
local [and unified] services programs, and to forward such proposed
rules or regulations to the appropriate commissioner or commissioners
for review and consideration.
S 12. Subdivisions (a) and (b) of section 41.11 of the mental hygiene
law, as amended by section 5 of part R2 of chapter 62 of the laws of
2003, are amended to read as follows:
(a) In all local governments with a population less than one hundred
thousand, community services boards, at the option of the local govern-
ment, shall have either nine or fifteen members appointed by the local
government. In all other local governments, a community services board
shall have fifteen members appointed by the local government.
Whenever practicable at least one member shall be a licensed physician
and one member shall be a certified psychologist and otherwise at least
two members shall be licensed physicians, such members to have demon-
strated an interest in the field of services for the mentally disabled.
The other members shall represent the community interest in all the
problems of the mentally disabled and shall include representatives from
community agencies for the mentally ill, the mentally retarded and
developmentally disabled, and those suffering from alcoholism and
substance abuse. The community services board shall have separate
subcommittees for mental health, mental retardation and developmental
disabilities, and alcoholism or, at the discretion of the local govern-
ment, alcoholism and substance abuse. Each separate subcommittee shall
have no more than nine members appointed by the local government, except
that each subcommittee for mental health shall have no more than eleven
members appointed by the local government. Three of each such subcommit-
tee shall be members of the board. Each separate subcommittee shall be
composed of persons who have demonstrated an interest in the field of
S. 8169 11 A. 11439
services for the particular class of mentally disabled and shall include
former patients, parents or relatives of such mentally disabled persons
and community agencies serving the particular class of mentally disa-
bled, except that each subcommittee for mental health shall include at
least two members who are or were consumers of mental health services,
and at least two members who are parents or relatives of persons with
mental illness. Each separate subcommittee shall advise the community
services board and the director of community services regarding the
exercise of all policy-making functions vested in such board or direc-
tor, as such functions pertain to the field of services for the partic-
ular class of mentally disabled individuals represented by such subcom-
mittee. In addition, each subcommittee for mental health shall be
authorized to annually evaluate the local services plan [or the unified
services plan, as appropriate], and shall be authorized to report on the
consistency of such [plans] PLAN with the needs of persons with serious
mental illness, including children and adolescents with serious
emotional disturbances. Any such report shall be forwarded annually to
the community services board and the director of community services and
a copy shall also be sent to the commissioner prior to the submission of
the local services plan [or unified services plan. Provided], PROVIDED,
however, that the provisions of this paragraph shall not apply to cities
of over a million in population.
(b) In cities of over a million a community services board shall
consist of fifteen members to be appointed by the mayor. There shall be
at least two residents of each county within such cities on the board.
At least one shall be a licensed physician and at least one shall be a
certified psychologist. The other members shall represent the community
interest in all of the problems of the mentally disabled and shall
include representatives from community agencies for the mentally ill,
the mentally retarded and developmentally disabled, and those suffering
from alcoholism and substance abuse. The community services board shall
have separate subcommittees for mental health, mental retardation and
developmental disabilities, and alcoholism or, at the discretion of the
local government, alcoholism and substance abuse. Each separate subcom-
mittee shall have no more than nine members appointed by the local
government, except that each subcommittee for mental health shall have
no more than eleven members appointed by the local government. Three
members of each such subcommittee shall be members of the board. Each
separate subcommittee shall be composed of persons who have demonstrated
an interest in the field of services for the particular class of mental-
ly disabled and shall include former patients, parents or relatives of
such mentally disabled persons and community agencies serving the
particular class of mentally disabled, except that each subcommittee for
mental health shall include at least two members who are or were consum-
ers of mental health services, and two members who are parents or rela-
tives of persons with mental illness. Each separate subcommittee shall
advise the community services board and the director of community
services regarding the exercise of all policy-making functions vested in
such board or director, as such functions pertain to the field of
services for the particular class of mentally disabled individuals
represented by such subcommittee. In addition, each subcommittee for
mental health shall be authorized to annually evaluate the local
services plan [or the unified services plan, as appropriate], and shall
be authorized to report on the consistency of such [plans] PLAN with the
needs of persons with serious mental illness, including children and
adolescents with serious emotional disturbances. Any such report shall
S. 8169 12 A. 11439
be forwarded annually to the community services board and the director
of community services, and a copy shall also be sent to the commissioner
prior to the submission of the local services plan [or unified services
plan].
S 13. Paragraphs 5, 6, 7 and 12 of subdivision (a) of section 41.13 of
the mental hygiene law, paragraphs 5 and 7 as amended by chapter 588 of
the laws of 1973, paragraph 6 as amended by chapter 746 of the laws of
1986, paragraph 12 as amended by chapter 24 of the laws of 1985 and such
section as renumbered by chapter 978 of the laws of 1977, are amended to
read as follows:
5. submit annually to the department for its approval and subsequent
state aid, a report of long range goals and specific intermediate range
plans as modified since the preceding report, along with a local
services plan [or unified services plan] for the next local fiscal year.
6. have the power, with the approval of local government, to enter
into contracts for the provision of services, including the provision of
community support services, and the construction of facilities [includ-
ing contracts executed pursuant to subdivision (e) of section 41.19 of
this article and have the power, when necessary, to approve construction
projects].
7. establish procedures for execution of the local services plan [or
the unified services plan] as approved by the local government and the
commissioner, including regulations to guide the provision of services
by all organizations and individuals within its program.
12. seek the cooperation and cooperate with other aging, public health
and social services agencies, public and private, in advancing the
program of local [or unified] services.
S 14. Section 41.14 of the mental hygiene law is REPEALED.
S 15. Subdivisions (a), (b), (c) and (e) of section 41.15 of the
mental hygiene law, subdivisions (a), (c) and (e) as amended by chapter
978 of the laws of 1977 and subdivision (b) as amended by chapter 707 of
the laws of 1988, are amended to read as follows:
(a) Net operating costs of programs incurred pursuant to [either] an
approved local services plan [or an approved unified 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 and approved by the commissioner or commissioners of the office
or offices of the department having jurisdiction of the services shall
be eligible for state aid.
(b) Long range goals, intermediate range plans, and annual plans shall
meet requirements for comprehensive services set for each local govern-
ment by the commissioners of the offices of the department after taking
into consideration local needs and available resources. These services
shall be concerned with diagnosis, care, treatment, social and voca-
tional rehabilitation, community residential services licensed by the
department of mental hygiene, research, consultation and public educa-
tion, education and training of personnel, control and prevention of
mental disabilities, and the general furtherance of mental capability
and health. As part of the local services [or unified services plans]
PLAN required to establish eligibility for state aid in accordance with
the provisions herein, each local governmental unit shall submit a five-
year plan and annual implementation plans and budgets which shall
reflect local needs and resources, including the needs and resources
available for the provision of community support services, and the role
of facilities in the department in the provision of required services.
[If the local government has developed community services assessments
S. 8169 13 A. 11439
and plans pursuant to subdivision four of section four hundred nine-d
and paragraph (b) of subdivision three of section four hundred twenty-
three of the social services law covering the same time period covered
by the five year plan and annual implementation plans and budgets
required by this subdivision, then the five year plan and annual imple-
mentation plans and budget shall include those portions of the community
services assessments and plans relating to the provision of mental
health, alcoholism and substance abuse services and an estimate of funds
to be made available by the social services district for the provision
or purchase of these services.]
(c) Subject to regulations for special circumstances as established by
the commissioner or commissioners of the office or offices of the
department having jurisdiction of the services, no annual plan or inter-
mediate range plan of the local governmental unit shall be approved
unless it indicates that reasonable efforts are being made to extend or
improve local [or unified] services in each succeeding local fiscal year
in accordance with the statewide long range goals and objectives of the
department for the development and integration of state, regional, and
local services for the mentally disabled.
(e) Capital costs incurred by a local government or by a voluntary
agency, pursuant to [either] an approved local services plan [or an
approved unified services plan] and in accordance with the regulations
of the commissioner or commissioners of the office or offices of the
department having jurisdiction of the services and with the approval of
the commissioner or commissioners having jurisdiction of the services,
shall be eligible for state aid pursuant to the provisions of this arti-
cle. Capital costs incurred by a voluntary agency shall be eligible for
state aid only if incurred pursuant to an agreement between the volun-
tary agency and the local governmental unit where the construction is
located. Such agreement shall contain the approval by the local govern-
mental unit of such construction and an agreement by such unit to
include the program of the voluntary agency in its plans and proposals.
S 16. Subdivisions (b), (c), (d) and paragraph 2 of subdivision (e) of
section 41.16 of the mental hygiene law, as added by chapter 978 of the
laws of 1977, paragraph 1 of subdivision (b) as amended by chapter 55 of
the laws of 1992 and subdivision (c) as amended by chapter 99 of the
laws of 1999, are amended to read as follows:
(b) In accordance with regulations established by the commissioner or
commissioners of the offices of the department having jurisdiction of
the services, which shall provide for prompt action on proposed local
services [and unified services] plans, each local governmental unit
shall:
1. establish long range goals and objectives consistent with statewide
goals and objectives developed pursuant to section 5.07 of this chapter
and develop or annually update the local services [or unified services]
plan of the local governmental unit or units listing providers, esti-
mated costs and proposed utilization of state resources, including
facilities and manpower, which shall be used in part to formulate state-
wide comprehensive plans for services.
2. submit one local services plan [or a unified services plan] to the
single agent of the department jointly designated by the commissioners
of the offices of the department annually for approval by the commis-
sioner or commissioners of the office or offices of the department
having jurisdiction of the services.
(c) A local services plan [or unified services plan] shall be devel-
oped, in accordance with the regulations of the commissioner or commis-
S. 8169 14 A. 11439
sioners of the office or offices of the department having jurisdiction
of the services by the local governmental unit or units which shall
direct and administer a local comprehensive planning process for its
geographic area, consistent with statewide goals and objectives estab-
lished pursuant to section 5.07 of this chapter. The planning process
shall involve the directors of any department facilities, directors of
hospital based mental health services, directors of community mental
health centers, consumers, consumer groups, voluntary agencies, other
providers of services, and local correctional facilities and other local
criminal justice agencies. The local governmental unit, or units, shall
determine the proposed local services plan [or unified services plan] to
be submitted for approval. If any provider of services including facili-
ties in the department, or any representative of the consumer or commu-
nity interests within the local planning process, disputes any element
of the proposed plan for the area which it serves, the objection shall
be presented in writing to the director of the local governmental unit.
If such dispute cannot be resolved to the satisfaction of all parties,
the director shall determine the plan to be submitted. If requested and
supplied by the objecting party, a written objection to the plan shall
be appended thereto and transmitted to the single agent of the depart-
ment jointly designated by the commissioners.
(d) Each commissioner of an office in the department shall review the
portion of the local services plan [or unified services plan] submitted
over which his office has jurisdiction and approve or disapprove such
plan in accordance with the procedures of subdivision (e) [hereof] OF
THIS SECTION.
2. A commissioner of an office of the department shall not disapprove
any portion of the local services plan [or unified services plan] with-
out providing the local governmental unit an opportunity to be heard
regarding the proposed disapproval and to propose any modification of
the plan. Pending the resolution of any dispute over approval of a
portion of the plan, by final determination of the commissioner having
jurisdiction over the services, new programs proposed shall not be
implemented and programs previously implemented shall continue to be
funded at existing levels. If a portion of the plan is disapproved, the
commissioner of the office having jurisdiction over such portion shall
notify the local governmental unit in writing stating reasons for such
action.
S 17. Sections 41.19, 41.21 and 41.23 of the mental hygiene law are
REPEALED.
S 18. Subdivision (d) of section 41.36 of the mental hygiene law, as
amended by chapter 262 of the laws of 1992, is amended to read as
follows:
(d) Each local governmental unit shall include in its annual local [or
unified services] plan a review of existing community residential facil-
ities providing reimbursable services and a recommendation of antic-
ipated needs for the development of such facilities, consistent with the
needs of the mentally retarded and developmentally disabled within the
jurisdiction of the local governmental unit.
S 19. Subdivision (b) of section 41.39 of the mental hygiene law, as
amended by chapter 515 of the laws of 1992, is amended to read as
follows:
(b) Notwithstanding any other provisions of this article, income real-
ized by a voluntary not-for-profit agency from industrial contracts
entered into pursuant to its operation of a sheltered workshop shall be
matched dollar for dollar by an office of the department of mental
S. 8169 15 A. 11439
hygiene through direct contract with the agency provided that no part of
the expenses of such sheltered workshop are claimed through a contract
with the local governmental unit which is receiving funding for
reimbursement of such expenses from the same office of the department
provided that such sheltered workshop is operating in accordance with an
approved local [or unified] services plan. In no event shall any combi-
nation of income including state aid exceed the total cost of operation
of such sheltered workshop.
S 20. Paragraph 2 of subdivision (e), paragraph 6 of subdivision (f),
and subdivisions (g), (h) and (i) of section 41.47 of the mental hygiene
law, as added by chapter 746 of the laws of 1986, are amended to read as
follows:
(2) The commissioner shall establish revenue goals for services,
provided, however, the commissioner may approve local [or unified]
services plans or may enter into direct contracts with providers of
services which substitute alternative revenue goals for individual
providers of services based upon appropriate documentation and justi-
fication, as required by the commissioner.
(6) the extent to which the community support services authorized by
the contract are consistent and integrated with the applicable local [or
unified] services plan of the area to be served; and
(g) The commissioner may enter into a direct contract for the
provision of community support services when the commissioner deter-
mines, after the approval of the local [or unified] services plan and
the allocation of state aid therefore, that such direct contract is
necessary to assure that additional community support services are
available to persons who are functionally disabled as a result of mental
illness and are eligible for community support services. Before entering
into a direct contract with a provider located within the geographic
area of a local governmental unit which receives state aid for community
support services pursuant to this section, the commissioner shall notify
the local governmental unit and give the director of the local govern-
mental unit an opportunity to appeal the need for such direct contract.
Such appeals shall be informal in nature and the rules of evidence shall
not apply.
(h) In order to qualify for one hundred percent state aid pursuant to
this section in any local fiscal year local governmental units shall
assure that the local tax levy share of expenditures for net operating
costs pursuant to an approved local services plan for services provided
to mentally ill persons pursuant to section 41.18 of this article[, when
applicable,] shall be equal to or greater than the local tax levy share
of such expenditures under an approved local services plan in the last
complete local fiscal year preceding the effective date of this section,
[and when applicable, such local tax levy share of net operating costs
for local governmental units submitting unified services plans pursuant
to section 41.23 of this article, as adjusted to reflect changes in the
rate of state reimbursement for approved expenditures, shall be equal to
or greater than the local tax levy share of the net operating costs for
expenditures under the approved unified services plan in the last
complete local fiscal year preceding the effective date of this
section,] provided, however, any such required maintenance of expendi-
tures under this subdivision for local governmental units may be reduced
to reflect the local governmental share of revenue applicable to
increased payments made by governmental agencies pursuant to title elev-
en of article five of the social services law, which are a result of
increased efficiencies in the collection of such revenue and which
S. 8169 16 A. 11439
represent an increased proportion of the total local [or unified]
services operating costs from the prior local fiscal year. The commis-
sioner shall be authorized to reduce payments made to local governmental
units pursuant to this article, in the following local fiscal year, for
failure to maintain expenditures in accordance with this subdivision.
(i) The provisions of subdivision (h) of this section shall not apply
to a local governmental unit in any local fiscal year in which the total
amount of state aid granted to the local governmental unit for net oper-
ating costs under section 41.18 [or section 41.23] of the article is
less than such amount of state aid granted in the local fiscal year
preceding the effective date of this section, or in any local fiscal
year in which the total amount of state aid granted to the local govern-
mental unit under this section, plus the total amount of direct
contracts entered into between the commissioner and providers of
services for the provision of community support services to eligible
residents of such local governmental unit, shall be less than the total
amount of such aid and direct contracts in the first local fiscal year
following the effective date of this section.
S 21. Subdivision 4 of section 41.49 of the mental hygiene law, as
added by chapter 499 of the laws of 1988, is amended to read as follows:
4. Notwithstanding any other provision of this article, in order to
qualify for one hundred percent state aid pursuant to this section,
local governmental units shall assure that local contributions for
expenditures in any local fiscal year for local [or unified] services
provided to mentally ill persons made pursuant to this article, as
applicable, shall be equal to or greater than the amount expended by
such local governmental unit in the last complete local fiscal year
preceding the effective date of this section. The commissioner shall be
authorized to reduce payments made to local governmental units which
have received grants pursuant to this section, in the following local
fiscal year, for failure to maintain expenditures in accordance with
this subdivision.
S 22. Subdivision (d) of section 41.53 of the mental hygiene law, as
amended by chapter 223 of the laws of 1992, is amended to read as
follows:
(d) No such grant will be awarded unless the community residence is
consistent with the local services plan [or the unified services plan,
as appropriate], pursuant to this article.
S 23. This act shall take effect July 1, 2010; provided, however, that
the amendments to sections 9.60 and 31.27 of the mental hygiene law made
by sections one and two of this act shall not affect the repeal of such
sections and shall be deemed repealed therewith; the amendments to
subdivision (d) of section 33.13 of the mental hygiene law made by
section three of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to section 18 of chapter 408 of the
laws of 1999, as amended when upon such date the provisions of section
four of this act shall take effect; and the amendments to subdivisions
(a) and (b) of section 41.11 of the mental hygiene law made by section
twelve of this act shall not affect the expiration of such subdivisions
and shall be deemed to expire therewith.
PART F
Section 1. Subdivisions 3-b and 3-c of section 1 of part C of chapter
57 of the laws of 2006, relating to establishing a cost of living
adjustment for designated human services programs, subdivision 3-b as
S. 8169 17 A. 11439
amended by section 1 of part D of chapter 19 of the laws of 2010, subdi-
vision 3-c as amended by section 1 of part L of chapter 58 of the laws
of 2009, are amended to read as follows:
3-b. Notwithstanding any inconsistent provision of law, beginning
April 1, 2009 and ending [upon enactment of legislation constituting the
2010-2011 budget] MARCH 31, 2011, the commissioners shall not include a
COLA for the purpose of establishing rates of payments, contracts or any
other form of reimbursement.
3-c. Notwithstanding any inconsistent provision of law, beginning
April 1, [2010] 2011 and ending March 31, [2013] 2014, the commissioners
shall develop the COLA under this section using the actual U.S. consumer
price index for all urban consumers (CPI-U) published by the United
States department of labor, bureau of labor statistics for the twelve
month period ending in July of the budget year prior to such state
fiscal year, for the purpose of establishing rates of payments,
contracts or any other form of reimbursement.
S 2. Section 4 of part C of chapter 57 of the laws of 2006, relating
to establishing a cost of living adjustment for designated human
services programs, as amended by section 7 of part F of chapter 497 of
the laws of 2008, is amended to read as follows:
S 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2006; provided
section one of this act shall expire and be deemed repealed April 1,
[2012] 2014; provided, further, that sections two and three of this act
shall expire and be deemed repealed December 31, 2009.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that the amendments to section 1 of part C of chapter 57 of the
laws of 2006 made by section one of this act shall not affect the repeal
of such section and shall be deemed repealed therewith.
PART G
Section 1. Subdivision 6 of section 1 of chapter 119 of the laws of
1997 relating to authorizing the department of health to establish
certain payments to general hospitals, as amended by section 1 of part
S2 of chapter 62 of the laws of 2003, is amended to read as follows:
6. Payment limitations set forth in [paragraph] SUBDIVISION 2 of this
section related to costs incurred by general hospitals in providing
services to uninsured patients and patients eligible for medical assist-
ance pursuant to title 11 of article 5 of the social services law shall,
for state fiscal [year periods commencing April 1, 1997 through March
31, 2002, be based initially on reported 1995 reconciled data as further
reconciled to actual reported 1997, 1998, 1999, 2000 and 2001 reconciled
data, respectively. Such payment limitations for state fiscal year peri-
ods commencing April 1, 2002 through March 31, 2006, shall be based
initially on reported 2000 reconciled data as further reconciled to
actual reported 2002, 2003, 2004 and 2005 reconciled data, respectively]
YEARS BEGINNING ON AND AFTER APRIL 1, 2010, BE BASED INITIALLY ON
REPORTED RECONCILED DATA FROM THE BASE YEAR TWO YEARS PRIOR TO THE
PAYMENT YEAR, AND FURTHER RECONCILED TO ACTUAL REPORTED DATA FROM SUCH
PAYMENT YEAR. The payments may be made as quarterly aggregate payments
to an eligible general hospital.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that the amendments to subdivision 6 of section 1 of chapter
S. 8169 18 A. 11439
119 of the laws of 1997 made by section one of this act shall not affect
the expiration of such section and shall be deemed to expire therewith.
PART H
Section 1. Notwithstanding any contrary provision of law, the commis-
sioner of mental health is authorized, subject to the approval of the
director of the budget, to transfer to the commissioner of health state
funds to be utilized as the state share for the purpose of increasing
payments under the medicaid program to managed care organizations
licensed under article 44 of the public health law or under article 43
of the insurance law. Such managed care organizations shall utilize such
funds for the purpose of reimbursing hospital-based and free-standing
clinics licensed pursuant to article 28 of the public health law, pursu-
ant to article 31 of the mental hygiene law or pursuant to both such
provisions of law for outpatient mental health services, as determined
by the commissioner of health in consultation with the commissioner of
mental health, provided to medicaid eligible outpatients. Such
reimbursement shall be in the form of fees for such services which are
equivalent to the payments established for such services under the ambu-
latory patient group (APG) rate-setting methodology as utilized by the
department of health or by the office of mental health for rate-setting
purposes; provided, however, that the increase to such fees that shall
result from the provisions of this section shall not, in the aggregate
and as determined by the commissioner of health in consultation with the
commissioner of mental health, be greater than the increased funds made
available pursuant to this section. The commissioner of health may, in
consultation with the commissioner of mental health, promulgate regu-
lations, including emergency regulations, as are necessary to implement
the provisions of this section.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.
PART I
Section 1. Section 1 of part J of chapter 405 of the laws of 1999,
amending the real property tax law relating to improving the adminis-
tration of the school tax relief (STAR) program, as amended by chapter
89 of the laws of 2010, is amended to read as follows:
Section 1. Notwithstanding the provisions of article 5 of the general
construction law, the provisions of the tax law amended by sections
94-a, 94-d and 94-g of chapter 2 of the laws of 1995 are hereby revived
and shall continue in full force and effect as they existed on March 31,
1999 through [June 18] JUNE 25, 2010, when upon such date they shall
expire and be repealed. Sections 1, 2, 3, 4, and 5, and such part of
section 10 of chapter 336 of the laws of 1999 as relates to providing
for the effectiveness of such sections 1, 2, 3, 4 and 5 shall be nulli-
fied in effect on the effective date of this section, except that the
amendments made to: paragraph (2) of subdivision a of section 1612 of
the tax law by such section 1; and subdivision b of section 1612 of the
tax law by such section 2; and the repeal of section 152 of chapter 166
of the laws of 1991 made by such section 5 shall continue to remain in
effect.
S 2. This act shall take effect immediately.
PART J
S. 8169 19 A. 11439
Section 1. Section 3 of chapter 349 of the laws of 1982, amending the
multiple dwelling law relating to the legalization of interim multiple
dwellings in cities over one million, as amended by chapter 89 of the
laws of 2010, is amended to read as follows:
S 3. Effective date and termination. This act shall take effect imme-
diately. The provisions of this act and all regulations, orders and
requirements thereunder shall terminate at the close of the calendar day
[June 18] JUNE 25, 2010.
S 2. Paragraph (v) of subdivision 1 of section 284 of the multiple
dwelling law, as amended by chapter 89 of the laws of 2010, is amended
to read as follows:
(v) An owner of an interim multiple dwelling who has not complied with
the requirements of paragraph (i), (ii), (iii) or (iv) of this subdivi-
sion by the effective date of this paragraph as provided in chapter
eighty-five of the laws of two thousand two shall hereafter be deemed in
compliance with this subdivision provided that such owner filed an
alteration application by September first, nineteen hundred ninety-nine,
took all reasonable and necessary action to obtain an approved alter-
ation permit by March first, two thousand, achieves compliance with the
standards of safety and fire protection set forth in article seven-B of
this chapter for the residential portions of the building by June first,
two thousand ten or within twelve months from obtaining an approved
alteration permit whichever is later, and takes all reasonable and
necessary action to obtain a certificate of occupancy as a class A
multiple dwelling for the residential portions of the building or struc-
ture by June [eighteenth] TWENTY-FIFTH, two thousand ten or within one
month from achieving compliance with the aforementioned standards for
the residential portions of the building, whichever is later.
S 3. This act shall take effect immediately; provided however, that
the amendments to paragraph (v) of subdivision 1 of section 284 of the
multiple dwelling law made by section three of this act shall not affect
the repeal of such section and shall be deemed repealed therewith,
pursuant to section 3 of chapter 349 of the laws of 1982, as amended.
PART K
Section 1. Notwithstanding any law to the contrary, and in accordance
with section 4 of the state finance law, the comptroller is hereby
authorized and directed to transfer, upon request of the director of the
budget, up to $360,000 from any of the office of temporary and disabili-
ty assistance and department of health special revenue federal funds to
the miscellaneous special revenue fund (339), welfare inspector general
administrative reimbursement account (WW).
S 2. This act shall take effect immediately.
PART L
Section 1. Paragraph (c) of subdivision 6 of section 529 of the execu-
tive law, as amended by section 1 of part E of chapter 109 of the laws
of 2010, is amended to read as follows:
(c) The commissioner of the office of children and family services,
subject to the approval of the director of the budget and certification
to the chairs of the senate finance and assembly ways and means commit-
tees, may establish a single per diem rate for all office facilities or
may establish separate rates as may be appropriate to reflect the
differentials in cost of specific office programs [including making any
S. 8169 20 A. 11439
adjustments to the costs included in determining such rates to reflect
any changes in federal funding made available to the office or to social
services districts for such costs].
S 2. Section 3 of Part E of chapter 109 of the laws of 2010 amending
the executive law relating to reimbursement for expenditures made by the
office of children and family services, is amended to read as follows:
S 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2011, up to [$27,000,000] $69,000,000 from the
miscellaneous special revenue fund (339), youth facility per diem
account (YF), to the general fund.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that the provisions of section one of this act shall apply to
all per diems established by the office of children and family services
for office programs for the 2002 calendar year and thereafter; provided
further, however, that the amendments to paragraph (c) of subdivision 6
of section 529 of the executive law made by section one of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective dates of Parts A through L of this act shall be
as specifically set forth in the last section of such Parts.