Section 41.19. 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 and with the
  involvement of consumers, consumer groups, voluntary agencies and  other
  providers  of  services.  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 involvement of consumers,
  consumer groups, voluntary agencies and other 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. Such local  governmental  unit  may
  lease  a  facility or facilities for the department if the program to be
  housed in such facility is part of the approved 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.