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This entry was published on 2014-09-22
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SECTION 41.54*2
Employee assistance programs
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 41
* § 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, a not-for-profit
corporation that provides employee assistance program services to two or
more of the following:

(1) an employer of less than seven hundred fifty employees;

(2) a labor organization;

(3) a professional organization;

(4) a community organization; or

(5) an employer of an economically distressed industry or located in
an economically distressed region, or a business owned by or employing a
high proportion of women or minorities.

(c) The division of alcoholism and alcohol abuse shall adopt rules and
regulations to effectuate the provisions of this section, in
consultation with other appropriate state agencies. Such rules and
regulations shall include, but not be limited to, provisions relating

(1) the establishment of an advisory board, which shall work in
consultation with the advisory council on alcoholism and substance abuse
services, and whose membership shall include, but not be limited to,
individuals from the occupational programs, professions and
representatives of small businesses and labor organizations, and whose
duties shall include, but not be limited to, recommendation of criteria
for funding, and methods of determining program accountability;

(2) procedures for approval of funding for a program, including, but
not limited to, elements necessary for the development and
implementation of, and qualifications necessary for the staffing of,
employee assistance program services;

(3) criteria for the confidentiality and maintenance of records; and

(4) minimum program standards for the operation of effective and
appropriate employee assistance programs.

(d) Within amounts available therefor and subject to regulations
established by the commissioner and notwithstanding any other provisions
of this article, financial assistance to an employee assistance program
shall not exceed eighty-five percent of the non-capital expenditures of
the program's first year of operation for such year, seventy percent of
such expenditures for the program's second year of operation, fifty
percent for the program's third year of operation, and thirty percent of
such expenditures for the fourth year of operation. No program shall
receive financial aid under this section after completion of the fourth

(e) Applications for assistance shall be made in the manner prescribed
by the director.

* NB There are 2 § 41.54's