N.Y. Mental Hygiene Law 41.51 – State aid for costs of comprehensive psychiatric emergency programs
* § 41.51 State aid for costs of comprehensive psychiatric emergency
Terms Used In N.Y. Mental Hygiene Law 41.51
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- capital costs: means the costs of a local government, a voluntary agency, or the facilities development corporation 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 local facility. See N.Y. Mental Hygiene Law 41.03
- Contract: A legal written agreement that becomes binding when signed.
- director: means the director of community services, who is the chief executive officer of a local governmental unit, by whatever title known. See N.Y. Mental Hygiene Law 41.03
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- local governmental unit: means the unit of local government given authority in accordance with this chapter by local government to provide local services. See N.Y. Mental Hygiene Law 41.03
- operating costs: means expenditures, excluding capital costs, incurred in the operation and maintenance of the community mental health, developmental disabilities, and alcoholism services board and of local facilities in accordance with this article and the regulations of the commissioner, by a local government or by a voluntary agency pursuant to a contract with a local governmental unit. See N.Y. Mental Hygiene Law 41.03
programs.
(a) Notwithstanding any inconsistent provision of this article, local governments may be granted state aid, subject to appropriations made therefor, for up to one hundred percent of the net operating costs incurred during the local fiscal year by such local governments, or by voluntary agencies pursuant to contract with such local governments, for the operation of comprehensive psychiatric emergency programs licensed by the commissioner of mental health.
(b) The commissioner of mental health may, subject to the approval of the director of the budget, directly contract with general hospitals licensed pursuant to Article 28 of the public health law, to reimburse approved operating and capital costs of comprehensive psychiatric emergency programs operated by such general hospitals. Before entering into a direct contract with a general hospital, the commissioner shall notify each local governmental unit located within the program's catchment area and give the director of the local governmental 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.
* NB Repealed July 1, 2024