N.Y. Comp. Codes R. & Regs. tit. 14 § 100.8

Current through Register Vol. 46, No. 43, October 23, 2024

Section 100.8 - Local comprehensive planning process

Mental Hygiene Law, § 11.05(e), § 11.13(a)(3).

(a) A county application for State aid shall be considered by Department of Mental Hygiene when:

(1) There is on file with the department a current local comprehensive five year plan for all services to mentally disabled residents of the area which has been approved by the Commissioner of Department of Mental Hygiene. Such plan must be consistent with statewide goals and objectives to the extent that such goals and objectives have been established at the time of the writing of the plan.

(2) There is on file an annual implementation plan consistent with the local comprehensive five year plan.

(3) The county plans in this subdivision have been submitted for review and comment to the appropriate health systems agency.

(b) Comprehensive five year and annual implementation plans must be the product of a continuing planning process under the direction and administration of the local government unit. This process shall include at the appropriate level the participation of public facilities in the provisions of mental hygiene services, departmental facilities, all voluntary agencies under contract with the local governmental unit, consumer groups, and other human service agencies relevant to the effective delivery of services to mentally disabled persons. Participation in the locally administered planning process shall include activities involving (1) information sharing and data collection; (2) need assessment; (3) setting of goals, objectives and priorities; (4) decisions about respective service responsibilities of local and departmental facilities.

(c) In order to carry out its responsibility for directing and administering a comprehensive local planning process, the local governmental unit shall establish a planning structure commensurate with the size and complexity of the county's service delivery system.

(1) In establishing this planning structure, adequate attention must be paid to the needs of persons suffering from mental and emotional disorders, developmental disabilities, alcoholism and substance abuse.

(2) Any local governmental unit serving more than one mental health district established pursuant to the Federal Health Revenue Sharing Act of 1975 ( P.L. 94-63) shall, as part of the planning process, identify the accessibility of existing mental health services to, and the need for new or expanded mental health services for, each of those sub-areas.

(d) The regional director shall support the local governmental unit's efforts to assure active participation in the planning process of the State facilities and other agencies in receipt of State aid or other forms of Department of Mental Hygiene funding. He shall designate a member of the regional office staff as an ex officio member of the local planning group to serve as liaison for the regional office in the planning process and to provide and coordinate needed technical assistance.

(e) The local governmental unit shall be responsible for maintaining records of all deliberations of the various planning committees and of the planning process as a whole.

(f) The approved county plans shall form the basis for (1) the allocation of State aid to localities, (2) departmental recommendations on applications for grants under various Federal and State statutes; and shall be considered in making departmental decisions regarding funding of departmental facilities.

(g) Before the plans will be approved by the Office of Mental Health, the local governmental unit must make reasonable efforts to engage in the planning process all agencies issued operating certificates by the Office of Mental Health and providing services in the area of the local governmental unit. Such efforts, which shall include participation by agencies as required by sections 82.5(b)(7), 83.5(b)(7), 85.5(b)(6) and 586.5(b)(4) of this Title, must be documented in the plans submitted by the local governmental unit.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 100.8