§ 364-A — Cooperation of state departments

§ 364-a. Cooperation of state departments. 1. There shall be such\ncooperative arrangements, between and among the department of health and\nother state departments and agencies as shall be necessary to assure\nthat the purposes and objectives of this title will be effectively\naccomplished. The commissioner of the department of health shall have\nthe authority to delegate responsibility under this title to other state\ndepartments and agencies and to enter into memoranda of understanding as\nmay be necessary to carry out the provisions of this title.\n 2. Notwithstanding any inconsistent provision of law, the department\nof health shall enter into a cooperative agreement with the office of\nmental health which shall;\n (i) provide for the office of mental health, on or after the date of\nthe agreement, to administer and supervise the medical care, health\ncare, habilitative, rehabilitative and maintenance services provided\npursuant to this title at residential treatment facilities for children\nand youth licensed by the office of mental health pursuant to article\nthirty-one of the mental hygiene law, and\n (ii) authorize the office of mental health to perform such\nadministration and supervision, either directly or by contract, as the\noffice of mental health may from time-to-time determine. On or after the\neffective date of such agreement, all of the functions provided for in\nthis title for the administration and supervision of medical care,\nhealth care, habilitative, rehabilitative and maintenance services\nprovided hereunder by residential treatment facilities for children and\nyouth licensed by the office of mental health pursuant to article\nthirty-one of the mental hygiene law shall be performed by the office of\nmental health to the extent permitted by applicable federal law and to\nthe extent that federal reimbursement for such care and services is not\nimpaired. A cooperative agreement previously entered into by the\ndepartment of social services pursuant to this subdivision shall\ncontinue in effect until modified or terminated by the department of\nhealth.\n * 3. Notwithstanding any inconsistent provision of law, the department\nof health shall enter into a cooperative agreement with the office of\nmental health which shall:\n (i) provide for the office of mental health, on or after the date of\nthe agreement, to administer and supervise the medical care, health\ncare, habilitative, rehabilitative and maintenance services provided\npursuant to this title at comprehensive psychiatric emergency programs\nlicensed by the office of mental health pursuant to article thirty-one\nof the mental hygiene law, and\n (ii) authorize the office of mental health to perform such\nadministration and supervision, either directly or by contract, as the\noffice of mental health may determine to be necessary. On or after the\neffective date of such agreement, all of the functions provided for in\nthis title for the administration and supervision of medical care,\nhealth care, habilitative, rehabilitative and maintenance services\nprovided at comprehensive psychiatric emergency programs licensed by the\noffice of mental health pursuant to article thirty-one of the mental\nhygiene law shall be performed by the office of mental health to the\nextent permitted by federal law and to the extent that federal\nreimbursement for such care and services is not impaired. A cooperative\nagreement previously entered into by the department of social services\npursuant to this subdivision shall continue in effect until modified or\nterminated by the department of health.\n * NB Repealed July 1, 2027\n