26.00 - Funding of chemical dependence services and compulsive gambling services.
§ 26.00 Funding of chemical dependence services and compulsive gambling services. (a) With respect to the provision of state aid for chemical dependence services as defined in subdivisions forty-five and fifty-five of section 1.03 of this chapter and, for chemical dependence services and compulsive gambling services, further subject to approval by the office of alcoholism and substance abuse services pursuant to article thirty-two of this chapter, within appropriations made therefor, the commissioner of the office of alcoholism and substance abuse services shall make grants for approved net operating and/or capital costs in accordance with this section. (b) In the course of providing such state aid, the office of alcoholism and substance abuse services shall approve operating and capital costs for chemical dependence services and compulsive gambling services on such terms and in such manner as the office may deem appropriate. (c) Financial support made under this section shall be subject to the approval of the director of the budget. (d) For the purposes of this section, the definitions contained in section 41.03 of this chapter shall apply. (e) For the purposes of this section, "state aid" shall mean funding provided through appropriations of the office of alcoholism and substance abuse services, with the exclusion of appropriations for the purpose of medical assistance. (f) For the purposes of this section, "voluntary contributions" shall be defined in regulation, and the commissioner of the office of alcoholism and substance abuse services is hereby authorized to issue such regulations. (g) For the purposes of this section, "approved net operating cost" shall mean the remainder of total operating costs approved by the office of alcoholism and substance abuse services, less all sources of revenue, including voluntary contributions not otherwise restricted by law or applied as permitted under paragraph two of subdivision (h) of this section other than state aid or local tax levy contributed pursuant to this article or article twenty-five or forty-one of this chapter. (h) Alcoholism or substance abuse treatment services funded pursuant to article twenty-five or forty-one of this chapter under a contract with either the state or a local government, upon conversion to an operating certificate for chemical dependence services in accordance with this chapter, shall be eligible for reimbursement for the continuation of such services as follows: 1. state aid may be made available to support the same proportion of approved net operating costs as were financed by state aid under the contract in place prior to the conversion; 2. voluntary contributions in excess of amounts at conversion may be used to satisfy any increase in local funding necessary to receive an increase in state aid above amounts provided prior to conversion; 3. nothing in this subdivision shall be construed to require the state to increase such state aid should a local government choose to remove its local tax levy support of a certified program, although the state may choose to do so to address an urgent public need, or conversely, may reduce its state aid by the same percentage as the reduction in local tax levy; and 4. none of the provisions within this subdivision shall be construed to apply to the expansion of programs beyond the services in place as of the date of the conversion to a chemical dependence operating certificate.(i) State aid for the creation or expansion of chemical dependence services and compulsive gambling services may be reimbursed at a rate of up to one hundred percent of approved net operating cost. (j) In addition to support of approved net operating costs, state aid may be granted to a local government or a voluntary agency for capital costs associated with the provision of chemical dependence services and compulsive gambling services at a rate of up to one hundred percent of approved capital costs. Such state aid shall not be granted unless and until such local government or voluntary agency is in compliance with all regulations promulgated by the commissioner regarding the financing of capital projects.