Section 364-A. Cooperation of state departments

1. There shall be such
  cooperative arrangements, between and among the department of health and
  other state departments and agencies as shall  be  necessary  to  assure
  that  the  purposes  and  objectives  of  this title will be effectively
  accomplished. The commissioner of the department of  health  shall  have
  the authority to delegate responsibility under this title to other state
  departments and agencies and to enter into memoranda of understanding as
  may be necessary to carry out the provisions of this title.
    2.  Notwithstanding  any inconsistent provision of law, the department
  of health shall enter into a cooperative agreement with  the  office  of
  mental health which shall;
    (i)  provide  for the office of mental health, on or after the date of
  the agreement, to administer and  supervise  the  medical  care,  health
  care,  habilitative,  rehabilitative  and  maintenance services provided
  pursuant to this title at residential treatment facilities for  children
  and  youth  licensed  by the office of mental health pursuant to article
  thirty-one of the mental hygiene law, and
    (ii)  authorize  the  office  of  mental  health   to   perform   such
  administration  and  supervision, either directly or by contract, as the
  office of mental health may from time-to-time determine. On or after the
  effective date of such agreement, all of the functions provided  for  in
  this  title  for  the  administration  and  supervision of medical care,
  health  care,  habilitative,  rehabilitative  and  maintenance  services
  provided  hereunder by residential treatment facilities for children and
  youth licensed by the  office  of  mental  health  pursuant  to  article
  thirty-one of the mental hygiene law shall be performed by the office of
  mental  health  to the extent permitted by applicable federal law and to
  the extent that federal reimbursement for such care and services is  not
  impaired.  A  cooperative  agreement  previously  entered  into  by  the
  department  of  social  services  pursuant  to  this  subdivision  shall
  continue  in  effect  until  modified or terminated by the department of
  health.
    * 3. Notwithstanding any inconsistent provision of law, the department
  of health shall enter into a cooperative agreement with  the  office  of
  mental health which shall:
    (i)  provide  for the office of mental health, on or after the date of
  the agreement, to administer and  supervise  the  medical  care,  health
  care,  habilitative,  rehabilitative  and  maintenance services provided
  pursuant to this title at comprehensive psychiatric  emergency  programs
  licensed  by  the office of mental health pursuant to article thirty-one
  of the mental hygiene law, and
    (ii)  authorize  the  office  of  mental  health   to   perform   such
  administration  and  supervision, either directly or by contract, as the
  office of mental health may determine to be necessary. On or  after  the
  effective  date  of such agreement, all of the functions provided for in
  this title for the  administration  and  supervision  of  medical  care,
  health  care,  habilitative,  rehabilitative  and  maintenance  services
  provided at comprehensive psychiatric emergency programs licensed by the
  office of mental health pursuant to article  thirty-one  of  the  mental
  hygiene  law  shall  be  performed by the office of mental health to the
  extent  permitted  by  federal  law  and  to  the  extent  that  federal
  reimbursement  for such care and services is not impaired. A cooperative
  agreement previously entered into by the department of  social  services
  pursuant  to this subdivision shall continue in effect until modified or
  terminated by the department of health.
    * NB Repealed July 1, 2012