N.Y. Mental Hygiene Law 25.01 – Definitions
§ 25.01 Definitions.
Terms Used In N.Y. Mental Hygiene Law 25.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Office: means the office of alcoholism and substance abuse services. See N.Y. Mental Hygiene Law 19.03
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(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.