N.Y. MHY Law § 13.21 — New York Code / Act MHY / Title C / Article 13 / Section 13.21
Directors of state operations offices and developmental disabilities regional offices in the office for people with developmental disabil...
Status: in_force

§ 13.21 Directors of state operations offices and developmental\n          disabilities regional offices in the office for people with\n          developmental disabilities.\n  (a) The directors of both the state operations offices and\ndevelopmental disabilities regional offices in the office for people\nwith developmental disabilities shall be appointed by the commissioner.\nEach such director shall be in the non-competitive class and designated\nas confidential as defined by subdivision two-a of section forty-two of\nthe civil service law and shall serve at the pleasure of the\ncommissioner.  He or she shall in exercising his or her appointing\nauthority take, consistent with article twenty-three-A of the correction\nlaw, all reasonable and necessary steps to insure that any such person\nso appointed has not previously engaged in any act in violation of any\nlaw which indicates a propensity to act in a manner that would\ncompromise the health and safety of patients in the facility of which he\nor she is director. He or she shall manage the state operations office\nor developmental disabilities regional office and administer its\npersonnel system subject to applicable law, the regulations of the\ncommissioner, and the rules of the state civil service commission. The\ndirectors of the developmental disabilities regional offices and state\noperations offices shall maintain effective supervision of all parts of\ntheir respective offices. The directors of state operations offices\nshall generally provide for the administration of supports and services\nto individuals with developmental disabilities in state operated\nprograms.  Directors of regional offices shall generally oversee the\nadministration of supports and services to individuals with\ndevelopmental disabilities in settings outside the state operated\nprograms.\n  (b) Such directors shall have the responsibility of seeing that there\nis humane treatment of individuals with developmental disabilities\nreceiving services in settings operated, licensed, certified, funded or\napproved by this office and shall investigate, or cause to be\ninvestigated, every reportable incident in accordance with article\neleven of the social services law. Also in accordance with article\neleven of the social services law, the director shall require\nallegations of reportable incidents to be reported to the vulnerable\npersons' central register, which shall screen and immediately forward\nreports that appear to allege crimes to the appropriate law enforcement\nagency. The vulnerable persons' central register shall notify\nimmediately, and in any event within three working days, the board of\nvisitors of the facility and the mental hygiene legal service located in\nthe same judicial department as the state operations office of every\ncomplaint of patient abuse or mistreatment and shall inform the board\nand the mental hygiene legal service of the results of his or her\ninvestigation.\n  (c) In any investigation into the treatment and care of individuals\nwith developmental disabilities or the conduct, performance, or neglect\nof duty of officers or employees, the commissioner or his or her\ndesignee shall be authorized to subpoena witnesses, compel their\nattendance, administer oaths to witnesses, examine witnesses under oath,\nand require the production of any books or papers deemed relevant to the\ninquiry or investigation. A subpoena issued under this section shall be\nregulated by the civil practice law and rules.\n  (d) The director of a state operations office shall be responsible for\nthe provision of state operated community developmental disabilities\nservices in those areas that the commissioner may assign. Such\nresponsibility shall, consistent with article forty-one of this chapter,\ninclude the operation of state operated facilities and the development\nof needed facilities. The director of a developmental disabilities\nregional office shall be responsible for the provision of community\ndevelopmental disabilities services to individuals in settings other\nthan state operated programs. Such regional director's responsibility\nshall, consistent with article forty-one of this chapter, include the\noversight of facilities and programs other than those operated by the\nstate.\n  (e) Each state operations director of the office shall, upon notice\nfrom the commissioner or upon knowledge that programs of such facility\nmay be contracted or terminated, implement procedures to ensure timely\nnotification to affected employees. Such procedures shall include, but\nnot be limited to:\n  (1) dissemination and posting of all decisions, policies and\nprocedures with respect to all aspects of such actions and their impact\non facility staff; and\n  (2) compliance with all requirements and protection of employee rights\npursuant to collective bargaining agreements with the designated legal\nrepresentative of the employees and the civil service law.\n