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This entry was published on 2021-12-31
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SECTION 25.01
Definitions
Mental Hygiene (MHY) CHAPTER 27, TITLE D, ARTICLE 25
§ 25.01 Definitions.

(a) As used herein:

1. "Local governmental unit" shall have the same meaning as that
contained in article forty-one of this chapter.

2. "Operating expenses" shall mean expenditures approved by the office
and incurred for the maintenance and operation of substance use disorder
and/or compulsive gambling programs, including but not limited to
expenditures for treatment, administration, personnel, and contractual
services. Operating expenses do not include capital costs and debt
service unless such expenses are related to the rent, financing or
refinancing of the design, construction, acquisition, reconstruction,
rehabilitation or improvement of a substance use disorder and/or
compulsive gambling program facility pursuant to the mental hygiene
facilities finance program through the dormitory authority of the state
of New York (DASNY; successor to the Facilities Development
Corporation), or otherwise approved by the office.

3. "Debt service" shall mean amounts, subject to the approval of the
office, required to be paid to amortize obligations including principal
and interest, assumed by or on behalf of a voluntary agency or a program
operated by a local governmental unit.

4. "Capital costs" shall mean the costs of a program operated by a
local governmental unit or a voluntary agency with respect to the
acquisition of real property estates, interests, and cooperative
interests in realty, their design, construction, reconstruction,
rehabilitation and improvement, original furnishings and equipment, site
development, and appurtenances of a facility.

5. "State aid" shall mean financial support provided through
appropriations of the office to support the provision of substance use
disorder treatment, compulsive gambling, prevention or other authorized
services, with the exclusion of appropriations for the purpose of
medical assistance.

6. "Voluntary agency contributions" shall mean revenue sources of
voluntary agencies exclusive of state aid and local tax levy.

7. "Approved net operating cost" shall mean the remainder of total
operating expenses approved by the office, less all sources of revenue,
including voluntary agency contributions and local tax levy; provided,
however, that any federal paycheck protection program loan forgiveness
funding, or other extraordinary federal funding provided in response to
the COVID-19 pandemic, as determined by the office, shall not be
considered a source of revenue.

8. "Voluntary agency" shall mean a corporation organized or existing
pursuant to the not-for-profit corporation law for the purpose of
providing substance use disorder, treatment, compulsive gambling,
prevention or other authorized services.