Bill Text: NY S00898 | 2017-2018 | General Assembly | Amended
Bill Title: Authorizes the office of alcoholism and substance abuse services to provide funding to substance use disorder and/or compulsive gambling programs operated by for profit agencies.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Engrossed - Dead) 2018-04-30 - referred to alcoholism and drug abuse [S00898 Detail]
Download: New_York-2017-S00898-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 898--A Cal. No. 247 2017-2018 Regular Sessions IN SENATE January 5, 2017 ___________ Introduced by Sens. AMEDORE, AKSHAR, FUNKE, HELMING, MURPHY, O'MARA, ORTT, PHILLIPS, RANZENHOFER, RITCHIE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse -- recommitted to the Committee on Alcoholism and Drug Abuse in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the mental hygiene law, in relation to authorizing the office of alcoholism and substance abuse services to provide funding to substance use disorder and/or compulsive gambling programs operated by for profit agencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 25.01 of the mental hygiene law, as added by chap- 2 ter 471 of the laws of 1980, paragraphs 1, 2, 3 and 4 as amended and 3 paragraphs 5, 6, 7 and 8 of subdivision (a) as added by section 3 of 4 part G of chapter 56 of the laws of 2013, is amended to read as follows: 5 § 25.01 Definitions. 6 [(a)] As used [herein] in this article: 7 [1.] (a) "Local governmental unit" shall have the same meaning as that 8 contained in article forty-one of this chapter. 9 [2.] (b) "Operating expenses" shall mean expenditures approved by the 10 office and incurred for the maintenance and operation of substance use 11 disorder and/or compulsive gambling programs, including but not limited 12 to expenditures for treatment, administration, personnel, and contractu- 13 al services. Operating expenses do not include capital costs and debt 14 service unless such expenses are expenditures submitted by a voluntary 15 agency or local government unit and are related to the rent, financing 16 or refinancing of the design, construction, acquisition, reconstruction, 17 rehabilitation or improvement of a substance use disorder and/or compul- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03835-03-8S. 898--A 2 1 sive gambling program facility pursuant to the mental hygiene facilities 2 finance program through the dormitory authority of the state of New York 3 (DASNY; successor to the Facilities Development Corporation), or other- 4 wise approved by the office. 5 [3.] (c) "Debt service" shall mean amounts, subject to the approval of 6 the office, required to be paid to amortize obligations including prin- 7 cipal and interest, assumed by or on behalf of a voluntary agency or a 8 program operated by a local governmental unit. 9 [4.] (d) "Capital costs" shall mean the costs of a program operated by 10 a local governmental unit [or], a voluntary agency, or other business 11 entity with respect to the acquisition of real property estates, inter- 12 ests, and cooperative interests in realty, their design, construction, 13 reconstruction, rehabilitation and improvement, original furnishings and 14 equipment, site development, and appurtenances of a facility. 15 [5.] (e) "State aid" shall mean financial support provided through 16 appropriations of the office to support the provision of substance use 17 disorder treatment, compulsive gambling, prevention or other authorized 18 services, with the exclusion of appropriations for the purpose of 19 medical assistance. 20 [6.] (f) "Voluntary agency contributions" shall mean revenue sources 21 of voluntary agencies exclusive of state aid and local tax levy. 22 [7.] (g) "Approved net operating cost" shall mean the remainder of 23 total operating expenses approved by the office, less all sources of 24 revenue, including voluntary agency contributions and local tax levy. 25 [8.] (h) "Voluntary agency" shall mean a corporation organized or 26 existing pursuant to the not-for-profit corporation law for the purpose 27 of providing substance use disorder, treatment, compulsive gambling, 28 prevention or other authorized services. 29 (i) "Other business entity" shall mean any corporation, association, 30 partnership, limited liability company, limited liability partnership, 31 or other legal entity, that is not also a voluntary agency, and provide 32 substance use disorder treatment, compulsive gambling, prevention, or 33 other authorized services. 34 § 2. Subdivision (a) of section 25.03 of the mental hygiene law, as 35 amended by section 4 of part G of chapter 56 of the laws of 2013, is 36 amended to read as follows: 37 (a) In accordance with the provisions of this article, and within 38 appropriations made available, the office may provide state aid to a 39 program operated by a local governmental unit or voluntary agency up to 40 one hundred per centum of the approved net operating costs of such 41 program operated by a local governmental unit or voluntary agency, and 42 state aid may also be granted to a program operated by a local govern- 43 mental unit [or], a voluntary agency, or other business entity for capi- 44 tal costs associated with the provision of services at a rate of up to 45 one hundred percent of approved capital costs. Such state aid shall not 46 be granted unless and until such program operated by a local govern- 47 mental unit [or], voluntary agency, or other business entity is in 48 compliance with all regulations promulgated by the commissioner regard- 49 ing the financing of capital projects. Such state aid for approved net 50 operating costs shall be made available by way of advance or reimburse- 51 ment, through either contracts entered into between the office and such 52 voluntary agency or by distribution of such state aid to local govern- 53 mental units through a grant process pursuant to section 25.11 of this 54 article.S. 898--A 3 1 § 3. Section 25.05 of the mental hygiene law, as amended by section 5 2 of part G of chapter 56 of the laws of 2013, is amended to read as 3 follows: 4 § 25.05 Reimbursement from other sources. 5 The office shall not provide a voluntary agency [or], a program oper- 6 ated by a local governmental unit, or other business entity with finan- 7 cial support for obligations incurred by or on behalf of such program or 8 agency for substance use disorder and/or compulsive gambling services 9 for which reimbursement is or may be claimed under any provision of law 10 other than this article. 11 § 4. Section 25.07 of the mental hygiene law, as amended by section 7 12 of part G of chapter 56 of the laws of 2013, is amended to read as 13 follows: 14 § 25.07 Non-substitution. 15 A voluntary agency [or], a program operated by a local governmental 16 unit, or other business entity shall not substitute state monies for 17 cash contributions, federal aid otherwise committed to or intended for 18 use in such program or by such agency, revenues derived from the opera- 19 tion of such program or agency, or the other resources available for use 20 in the operation of the program or agency. 21 § 5. Section 25.09 of the mental hygiene law, as amended by section 8 22 of part G of chapter 56 of the laws of 2013, is amended to read as 23 follows: 24 § 25.09 Administrative costs. 25 Subject to the approval of the director of the budget, the office 26 shall establish a limit on the amount of financial support which may be 27 advanced or reimbursed to a voluntary agency [or], a program operated by 28 a local governmental unit, or other business entity for the adminis- 29 tration of a program. 30 § 6. This act shall take effect immediately.
