time that the unified services plan is required by this article to be submitted to the commissioner for approval.

2. The commissioner, upon receiving such notice, shall cause an evaluation to be made of the resources available for the planning of services in the area and shall direct the appropriate department facilities to cooperate with the local governmental unit in the development of such a plan. After a unified services plan has become effective for a local fiscal year, services for the area served by the local governmental unit which has adopted such plan shall be by means of a unified services plan for each local fiscal year thereafter.

§ 11.15 Approved plans and state aid.

(a) [Operating] Net operating costs of programs incurred pursuant to either an approved local services plan or an approved unified services plan in accordance with the regulations of the commissioner [and in accordance with annual and intermediate range plans supported by specific budgets] and approved by the comissioner shall be eligible for state aid.

(b) Long range goals, intermediate range plans, and annual plans shall meet requirements for comprehensive services set for each local government by the commissioner after taking into consideration local needs and available resources. These services shall be concerned with diagnosis, care, treatment, social and vocational rehabilitation, research, consultation and public education, education and training of personnel, control and prevention of mental disabilities, and the general furtherance of mental capability and health.

(c) Subject to regulations for special circumstances as established by the commissioner, no annual plan or intermediate range plan of the local governmental unit shall be approved unless it indicates that reasonable efforts are being made to extend or improve [community] local or unified services in each succeeding local fiscal year in accordance with the statewide long range program of the commissioner for the development and integration of state, regional, and [community] local services for the mentally disabled.

(d) Capital costs incurred by a local government or by a voluntary agency, pursuant to either an approved local services plan or an approved unified services plan and in accordance with the regulations of the commissioner and with his approval, shall be eligible for state aid pursuant to the provisions of this article. Capital costs incurred by a voluntary agency shall be eligible for state aid only if incurred pursuant to an agreement between the voluntary agency and the local governmental unit where the construction is located. Such agreement shall contain the approval by the local governmental unit of such construction and an agreement by such unit to include the program of the voluntary agency in its plans and proposals.

So in original. [Word misspelled.]

(e) [Community services] Services made available to or provided for children attending public schools, for which aid is sought pursuant to this chapter, shall be made available to or provided to all school children upon request by the authorities of their schools.

§ 11.17 [State aid for operating and capital costs] Local services plan; state aid.

(a) A local services plan is a plan for the rendition of local services. Such a plan must be approved by the commissioner in order to be eligible for state aid. A local services plan shall contain a comprehensive proposal for annual and intermediate range plans and expenditures by the local governmental unit and by voluntary agencies pursuant to contract with such local governmental unit. An annual plan must be supported by specific budgets.

[(a)] (b) Local governments shall be granted state aid, in accordance with the provisions of this subdivision, for approved net operating costs pursuant to [this article] an approved local services plan at the rate of fifty percent of the amount incurred during the local fiscal year by such local governments and by voluntary agencies pursuant to contract with such local governments; provided, however, that a local government having a population of less than two hundred thousand shall be granted state aid at the rate of seventy-five percent for the first one hundred thousand dollars of its approved net operating costs.

[(b)] (c) Local governments and voluntary agencies shall be granted state aid for capital costs pursuant to [this article] an approved local services plan at the rate of thirty-three and onethird percent of the amount eligible for state aid.

[(c)] (d) The liability of the state in any state fiscal year for state aid pursuant to this section shall be limited to the amounts appropriated for such state aid by the legislature for such state fiscal year.

[§ 11.19 Deductions.

For purposes of state aid, revenues of the local government shall be deducted from operating costs to form net operating costs in accordance with the following schedule:

1. revenues for operating costs received from other state agencies or another local government pursuant to an agreement to purchase community services.

2. other income realized in the operation of a specified program. 3. federal aid received for operating costs.

4. fees received from patients or on their behalf from private and public health insurance and medical aid programs.]

§ 11.19 Unified services plan; general provisions.

(a) 1. A unified services plan is a plan for the rendition of unified services which is designed to provide a broad range of

services for all the mentally disabled of the area or part of the area over which a local government has jurisdiction. Such a plan must have been developed, in accordance with the regulations of the commissioner, by the joint and continuous planning of the local governmental unit, the department, and, with respect to any part of the area covered by the plan which is served by department facilities, the directors of such facilities. The plan must be submitted by the local governmental unit and approved by the commissioner. The plan must provide for the rendition of appropriate services in department facilities for all persons coming from such area needing such services. If there has been disagreement in the development of the plan by the director of a department facility providing services to the area, the disagreement shall be brought to the attention of the commissioner who shall evaluate the issues and make a determination resolving them.

2. The department regularly shall conduct evaluation studies on a statewide or representative sample basis to determine the relative costs and effectiveness of different types and patterns of services being provided under unified service plans. Such information developed shall be used to determine standards for program requirements and priorities and to establish guidelines for the allocation of funds.

(b) Unified services plans may be approved for local fiscal years beginning on or after the first day of April next succeeding the year in which this act shall have become law. Local governmental units electing to provide services pursuant to a unified services plan must submit such plan to the commissioner at least six months, or such shorter period as is authorized by the commissioner, prior to the beginning of the local fiscal year in which such plan is to become effective. If a unified services plan of a local governmental unit is approved, subsequent unified services plans for such local governmental unit for ensuing local fiscal years must be submitted at least six months, or such shorter period as is authorized by the commissioner, prior to the beginning of each such ensuing local fiscal year.

(c) The commissioner shall review each unified services plan submitted to him and approve or disapprove such plan. In reaching his decision, the commissioner shall give consideration to the following:

(1) whether the plan complies with the requirements of this article and with the rules and regulations issued hereunder.

(2) whether the plan arranges for the most effective and economical provision of services, including effective utilization of voluntary agencies.

(3) whether the plan has been developed with suitable involvement of consumer groups and providers of services.

(4) whether the plan has been developed by joint and continuous planning with the department and, with respect to any part of the area covered by the plan which is served by department facilities, the directors of such facilities.

(5) whether the plan represents the concurrence of the directors of the department facilities serving the area and the local governmental unit.

(6) whether the plan contains adequate provisions for review and evaluation of the services to the area covered by such plan.

(d) The director of community services shall be responsible for submitting a unified services plan to the commissioner. The parts of the plan pertaining to services to be delivered by department facilities shall be supported by copies of the proposed contracts for the purchase by the local governmental unit of such services, as agreed to by the local governmental unit and the directors of such department facilities.

(e) After approval of a unified services plan, services for the mentally disabled of the area served by a local governmental unit which are provided by such local governmental unit or any of the department's facilities shall be in accordance with and pursuant to such unified services plan. Services (including both inpatient and out-patient services) provided by department facilities pursuant to a unified services plan shall be provided pursuant to contracts between the department or its facilities and the local governmental unit. Alternatively, if the department and a local governmental unit agree, state facilities may, in whole or in part, be used by or leased, rented, or sold to such local governmental unit or to a voluntary agency, in accordance with applicable state law, for operation by or through it pursuant to a unified services plan.

(f) No person suffering from a mental disability shall be admitted to an inpatient facility providing services pursuant to a unified services plan without having been examined for purposes of admission or referral in the manner indicated in such plan.

§ 11.21 Unified services plan; requirements.

(a) A unified services plan shall set forth priorities for unified services for the next local fiscal year and, commencing with plans to be submitted subsequent to the first approved plan, the long-range goals for such services and priorities for the five-year period commencing with the next local fiscal year. Such plan shall contain a comprehensive proposal and proposed fiscal plan for such services during the next local fiscal year, which proposed fiscal plan shall include estimated expenditures and sources and amounts of revenue including estimated local and state government funds to be provided pursuant to this article, and, commencing with plans to be submitted subsequent to the first approved plan, intermediate-range plans, projected needs and projected fiscal plans for the five-year period commencing with the next local fiscal year.

(b) The development of each unified services plan shall be a continuous planning and evaluation process among the department, the department facilities providing services to the area, and the

local governmental unit. Such process shall involve the providers of services and representatives of consumers of services and nongovernmental organizations and groups concerned with mental disability. The director of any department facility providing services pursuant to such plan shall submit a copy of such plan to the department as part of the justification for such facility's annual budget. After approval by the commissioner, a unified services plan shall be a joint commitment between the department and the local gov ernmental unit, subject to state and local legislative appropriations, for services to be provided pursuant thereto.

(c) A unified services plan shall (i) arrange, in accordance with the plan's priorities for unified services to the area, for the most effective and economical provision of such services and (ii) provide the basis for state and local government financing of such services pursuant to this article. To this end a unified services plan shall allow for the integration by mutual agreement of all facilities serving the area, whether publicly or privately operated and shall include participation as appropriate by all department facilities and local governmental facilities serving the area. The services rendered by general and psychiatric hospitals, city, county and state health and social services agencies, facilities offering mental retardation services and alcoholism programs, probation departments, physicians, psychologists, social workers, public health nurses, and other public and private agencies and personnel may be included in such plan.

(d) The unified services plan shall provide an inventory of all public and private resources for the mentally disabled serving the local area.

(e) The unified services plan shall present an estimate of the number of the persons covered by such plan who will be treated by facilities operated by the department during the next local fiscal year, the costs of care for such persons and all sources and amounts of revenue for the care of such persons. The department shall provide local governmental units with information upon which to base this estimate.

(f) The unified services plan shall specify all unified services and the estimated operating costs of such services for the next local fiscal year. Such unified services may include any of the following:

(1) Inpatient services.

(2) Out-patient services.

(3) Partial hospitalization services, such as day care, night care, or weekend care.

(4) Emergency services.

(5) Consultation and education services to community agencies and professional and associated personnel and information services to the general public.

(6) Preventive services.

(7) Diagnostic and referral services.