§ 41.55 — Community mental health support and workforce reinvestment program

New York § 41.55

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 41: Local Services

Text

* § 41.55 Community mental health support and workforce reinvestment\n program.\n (a) Community mental health support and workforce reinvestment funds\nshall be annually allocated by the commissioner based upon the following\ncriteria:\n (1) the efficiency and effectiveness of the use of funding within the\nlocal governmental unit for the delivery of services to persons with\nserious mental illness in order to assure that resources are made\navailable to fund mental health services to persons discharged into the\ncommunity; and\n (2) other relevant factors that require the maintenance of existing\nmental health services and the development of new mental health\nservices.\n (b) Amounts provided pursuant to this section shall only be used to\nfund mental health workforce related activities, including recruitment\nand retention initiatives and training programs, and other general\nprogrammatic activities to help ensure a stable mental health system.\nSuch grants and other funds shall not be used for capital costs\nassociated with the development of community mental health support and\nworkforce reinvestment services.\n (c) Prior to entering into contracts for the provision of services\nfunded pursuant to subdivision (b) of this section, the office of mental\nhealth and any local governmental unit receiving such funds shall\nconsider the following:\n (1) the service needs of persons with serious mental illness,\nincluding children and adolescents with serious emotional disturbances,\nin the geographical area in which the community mental health support\nand workforce reinvestment program operates;\n (2) the capacity of the program to meet identified service needs and\nspecified performance standards related to access, admission, referral,\nand service coordination and delivery;\n (3) the extent to which community mental health support and workforce\nreinvestment services authorized by the contract are consistent and\nintegrated with the plan prepared and approved pursuant to section 41.16\nof this article and other applicable provisions of this article; and\n (4) the reliability and capability of the provider, including its\nexpertise, prior experience, financial responsibility, record of\nadherence to law, record of providing quality care and services, and\nability to deliver appropriate services in a cost-effective and\nefficient manner to persons with serious mental illness. The\ncommissioner is authorized to promulgate regulations to establish\nminimum contractual obligations in accordance with the provisions of\nthis subdivision.\n (d) The commissioner is authorized and empowered to make inspections\nand examine records of a local governmental unit receiving state aid\nunder this section or a provider of services funded pursuant to\nsubdivision (b) of this section. Such examination shall include all\nmedical, service and financial records, receipts, disbursements,\ncontracts, loans and other moneys relating to the financial operation of\nthe provider.\n (e) The amount of community mental health support and workforce\nreinvestment funds for the office of mental health shall be determined\nin the annual budget and shall include the amount of actual state\noperations general fund appropriation reductions, including personal\nservice savings and other than personal service savings directly\nattributed to each child and adult non-geriatric inpatient bed closure.\nFor the purposes of this section a bed shall be considered to be closed\nupon the elimination of funding for such beds in the executive budget.\nThe appropriation reductions as a result of inpatient bed closures shall\nbe no less than one hundred ten thousand dollars per bed on a full\nannual basis, as annually recommended by the commissioner, subject to\nthe approval of the director of the budget, in the executive budget\nrequest prior to the fiscal year for which the executive budget is being\nsubmitted. The methodologies used to calculate the per bed closure\nsavings shall be developed by the commissioner and the director of the\nbudget. In no event shall the full annual value of community mental\nhealth support and workforce reinvestment programs attributable to beds\nclosed as a result of net inpatient census decline exceed the twelve\nmonth value of the office of mental health state operations general fund\nreductions resulting from such census decline. Such reinvestment amount\nshall be made available in the same proportion by which the office of\nmental health's state operations general fund appropriations are reduced\neach year as a result of child and adult non-geriatric inpatient bed\nclosures due to census decline.\n (f) Additional reinvestment amounts shall be made available for\nappropriation in the executive budget based upon state operation general\nfund appropriations directly attributed to the co-location or closure of\npsychiatric centers made pursuant to law. Such amount shall be made\navailable at the same proportion by which the office of mental health\nstate operations general fund appropriations are reduced each year as a\nresult of facility co-locations and closures.\n (g) The annual community mental health support and workforce\nreinvestment appropriation shall reflect the amount of state operations\ngeneral fund appropriation reductions resulting from subdivisions (e)\nand (f) of this section. Within any fiscal year where appropriation\nincreases are recommended for the community mental health support and\nworkforce reinvestment program, insofar as projected inpatient census\ndecline or facility co-locations or closures do not occur as estimated,\nand state operations general fund savings do not result, then the\nreinvestment appropriations shall be made available, as needed, for\ntransfer from the office of mental health general fund-aid to localities\naccount to the office of mental health general fund-state purposes\naccount to pay for any necessary inpatient expenses. The total community\nmental health support and workforce reinvestment appropriation also may\ninclude such additional appropriations, as shall be determined to be\nneeded and approved by the legislature, to fund all the provisions of\nthis section.\n (h) Amounts made available to the community mental health support and\nworkforce reinvestment program of the office of mental health shall be\nsubject to annual appropriations therefor. Up to fifteen percent of the\namounts so appropriated shall be made available for staffing at state\nmental health facilities and at least seven percent of the remaining\nfunds may be allocated for state operated community services pursuant to\nthis section.\n (i) For purposes of this section, the term "state operations general\nfund" shall mean the office of mental health state operations general\nfund appropriations before any offset from the special revenue\nfunds-other miscellaneous special revenue fund or mental hygiene patient\nincome account.\n (j) No provision in this section shall create or be deemed to create\nany right, interest or entitlement to services or funds that are the\nsubject of this act, or to any other services or funds, whether to\nindividuals, localities, providers or others, individually or\ncollectively.\n (k) All appropriations for community mental health support and\nworkforce reinvestment services shall be adjusted in the following\nfiscal year to reflect the variance between the initial and revised\nestimates of census decline.\n * NB Repealed March 31, 2027\n