§ 364-a. Cooperation of state departments. 1. There shall be such
cooperative arrangements, between and among the department of health and
other state departments and agencies as shall be necessary to assure
that the purposes and objectives of this title will be effectively
accomplished. The commissioner of the department of health shall have
the authority to delegate responsibility under this title to other state
departments and agencies and to enter into memoranda of understanding as
may be necessary to carry out the provisions of this title.

2. Notwithstanding any inconsistent provision of law, the department
of health shall enter into a cooperative agreement with the office of
mental health which shall;

(i) provide for the office of mental health, on or after the date of
the agreement, to administer and supervise the medical care, health
care, habilitative, rehabilitative and maintenance services provided
pursuant to this title at residential treatment facilities for children
and youth licensed by the office of mental health pursuant to article
thirty-one of the mental hygiene law, and

(ii) authorize the office of mental health to perform such
administration and supervision, either directly or by contract, as the
office of mental health may from time-to-time determine. On or after the
effective date of such agreement, all of the functions provided for in
this title for the administration and supervision of medical care,
health care, habilitative, rehabilitative and maintenance services
provided hereunder by residential treatment facilities for children and
youth licensed by the office of mental health pursuant to article
thirty-one of the mental hygiene law shall be performed by the office of
mental health to the extent permitted by applicable federal law and to
the extent that federal reimbursement for such care and services is not
impaired. A cooperative agreement previously entered into by the
department of social services pursuant to this subdivision shall
continue in effect until modified or terminated by the department of
health.

* 3. Notwithstanding any inconsistent provision of law, the department
of health shall enter into a cooperative agreement with the office of
mental health which shall:

(i) provide for the office of mental health, on or after the date of
the agreement, to administer and supervise the medical care, health
care, habilitative, rehabilitative and maintenance services provided
pursuant to this title at comprehensive psychiatric emergency programs
licensed by the office of mental health pursuant to article thirty-one
of the mental hygiene law, and

(ii) authorize the office of mental health to perform such
administration and supervision, either directly or by contract, as the
office of mental health may determine to be necessary. On or after the
effective date of such agreement, all of the functions provided for in
this title for the administration and supervision of medical care,
health care, habilitative, rehabilitative and maintenance services
provided at comprehensive psychiatric emergency programs licensed by the
office of mental health pursuant to article thirty-one of the mental
hygiene law shall be performed by the office of mental health to the
extent permitted by federal law and to the extent that federal
reimbursement for such care and services is not impaired. A cooperative
agreement previously entered into by the department of social services
pursuant to this subdivision shall continue in effect until modified or
terminated by the department of health.

* NB Repealed July 1, 2024