New York Mental Hygiene Code § 41.24

Study on alternative to net deficit funding
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§ 41.24 Study on alternative to net deficit funding.\n  On or before April fifteenth, nineteen hundred ninety, the\ncommissioner shall submit to the legislature a study and recommendations\nfor a proposed alternative to net deficit funding established pursuant\nto article forty-one of this chapter that includes the following:\n  (a) A cost-related funding methodology which adequately pays for\nservices necessary to provide appropriate care, which recognizes\ngeographic distinctions as they relate to cost and which ensures that\nproviders are reimbursed for the fixed or uncontrollable operational\ncosts such as interest, depreciation, property, capitalized development\ncosts, insurance and reasonable and necessary personnel costs.\n  (b) A guarantee of minimum maintenance of local government tax levy\nfinancial participation at current levels.\n  (c) A system of incentives to promote the maximization of alternative\nfunding sources including but not limited to contract income and\ncharitable contributions.\n  (d) An evaluation of the relationship between net deficit funded\nprograms and other non-residential programs, excluding day treatment,\nand a determination whether or not to incorporate the funding of all\nsuch programs into a unified funding methodology.\n  (e) Information relating to a demonstration project undertaken by the\noffice in certain developmental disabilities services offices to examine\npossible modifications in the use of medical assistance funding for\nprograms and services pursuant to the provisions of a federal grant.\nSuch information shall include specific recommendations for applying the\nresults of such demonstration project to programs and services operated\nby voluntary providers.\n  (f) An examination of the implications of department of mental hygiene\nconsolidated fiscal reporting process and an incorporation, as\nappropriate, of such implications into the formulation of\nrecommendations.\n  Such study shall be prepared in conjunction with a council of not more\nthan ten persons which shall include not for profit provider\norganizations, parents of persons with developmental disabilities,\nrepresentatives of local government and others to be appointed by the\ncommissioner.\n

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