Bill Text: NY S05371 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to funding for services of the office of addiction services and supports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS [S05371 Detail]

Download: New_York-2023-S05371-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5371

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 3, 2023
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Alcoholism  and  Substance
          Use Disorders

        AN  ACT  to  amend  the  mental  hygiene law, in relation to funding for
          services of the office of addiction services and supports

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision (a) of section 25.03 of the mental hygiene law,
     2  as  amended by section 4 of part G of chapter 56 of the laws of 2013, is
     3  amended to read as follows:
     4    (a) In accordance with the provisions  of  this  article,  and  within
     5  appropriations  made  available,  the  office may provide state aid to a
     6  program operated by a local governmental unit or voluntary agency [up to
     7  one hundred per centum of the  approved  net  operating  costs  of  such
     8  program]  based on a payment for services model developed by the office,
     9  in consultation with operators of funded programs, for programs operated
    10  by a local governmental unit or voluntary agency, and state aid may also
    11  be granted to a program operated by  a  local  governmental  unit  or  a
    12  voluntary  agency  for  capital  costs  associated with the provision of
    13  services at a rate of up to one  hundred  percent  of  approved  capital
    14  costs. Such state aid shall not be granted unless and until such program
    15  operated  by a local governmental unit or voluntary agency is in compli-
    16  ance with all regulations promulgated by the commissioner regarding  the
    17  financing  of capital projects. Such state aid [for approved net operat-
    18  ing costs] shall be made available by way of advance  or  reimbursement,
    19  through either contracts entered into between the office and such volun-
    20  tary  agency  or by distribution of such state aid to local governmental
    21  units through [a grant] the process pursuant to section  25.11  of  this
    22  article.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06656-01-3
        S. 5371                             2

     1    §  2.  Subdivisions (a) and (b) of section 25.11 of the mental hygiene
     2  law, as added by section 9 of part G of chapter 56 of the laws of  2013,
     3  are amended to read as follows:
     4    (a) Local governmental units shall be granted state aid by a state aid
     5  funding  authorization  letter  issued  by  the office [for approved net
     6  operating costs] based on a payment for services model developed by  the
     7  office, in consultation with operators of funded programs, for voluntary
     8  agencies  [to  support  the  base  amount  of state aid provided to such
     9  voluntary agencies for the prior year] provided that the  local  govern-
    10  mental  unit  has approved and submitted budgets for the voluntary agen-
    11  cies to the office. The voluntary  agency  budgets  shall  identify  the
    12  nature  of the services to be provided which must be consistent with the
    13  local services plan submitted by the local governmental unit pursuant to
    14  article forty-one of this chapter, the areas to be served and include  a
    15  description of the voluntary agency contributions and local governmental
    16  unit  funding  provided.  The  local  governmental unit shall enter into
    17  contracts with the voluntary agencies receiving  such  state  aid.  Such
    18  contracts shall include funding requirements set by the office including
    19  but  not  limited  to responsibilities of voluntary agencies relating to
    20  work scopes, program performance and operations, [application of program
    21  income, prohibited use of funds,] recordkeeping and  audit  obligations.
    22  Upon  designation  by  the office, local governmental units shall notify
    23  voluntary agencies as to the source of funding received by  such  volun-
    24  tary agencies.
    25    (b)  State  aid  made  available  to  a  local  governmental unit [for
    26  approved net operating costs] based on  a  payment  for  services  model
    27  developed  by  the  office,  in  consultation  with  operators of funded
    28  programs for a program operated by a voluntary agency or a local govern-
    29  mental unit may be reduced where a review  of  such  voluntary  agency's
    30  prior  year's  budget  and/or  performance  indicates[:    (1)] that the
    31  program operated by a local governmental unit or  voluntary  agency  has
    32  failed  to  meet  minimum  performance standards and requirements of the
    33  office including, but not limited to,  maintaining  service  utilization
    34  rates  and productivity standards as set by the office provided however,
    35  that upon determination that the program  is  not  meeting  the  minimum
    36  standards  and  requirements, the office shall notify such program oper-
    37  ated by a local governmental unit or voluntary agency of their deficien-
    38  cies, and if appropriate, a corrective action plan that includes specif-
    39  ic  actions  to  address  any   deficiencies   and   a   timetable   for
    40  implementation shall be developed. State aid may be reduced if a correc-
    41  tive  action plan is not approved by the office or is not implemented in
    42  a timely and satisfactory manner[;
    43    (2) that the voluntary agency has had an increase in voluntary  agency
    44  contributions  that  reduces the approved net operating costs necessary,
    45  except where the office has approved an alternative use of  such  volun-
    46  tary  agency  contributions  or  such voluntary agency contributions are
    47  necessary to ensure financial viability].
    48    § 3. This act shall take effect January 1, 2024  and  shall  apply  to
    49  program budgets developed on or after such date.