N.Y. MHY Law § 7.17 — New York Code / Act MHY / Title B / Article 7 / Section 7.17
Programs, services, and operation of facilities in the office of mental health
Status: in_force

§ 7.17 Programs, services, and operation of facilities in the office of\n         mental health.\n  (a) The commissioner shall establish policy and procedures for the\norganization, administration, and operation of the facilities under his\njurisdiction. He shall make provision for the effective rendition of\nservices to patients by such facilities.\n  (b) There shall be in the office the hospitals named below for the\ncare, treatment and rehabilitation of persons with mental illness and\nfor research and teaching in the science and skills required for the\ncare, treatment and rehabilitation of such persons with mental illness.\n  Greater Binghamton Health Center\n  Bronx Psychiatric Center\n  Buffalo Psychiatric Center\n  Capital District Psychiatric Center\n  Central New York Psychiatric Center\n  Creedmoor Psychiatric Center\n  Elmira Psychiatric Center\n  Kingsboro Psychiatric Center\n  Kirby Forensic Psychiatric Center\n  Manhattan Psychiatric Center\n  Mid-Hudson Forensic Psychiatric Center\n  Mohawk Valley Psychiatric Center\n  Nathan S. Kline Institute for Psychiatric Research\n  New York State Psychiatric Institute\n  Pilgrim Psychiatric Center\n  Richard H. Hutchings Psychiatric Center\n  Rochester Psychiatric Center\n  Rockland Psychiatric Center\n  St. Lawrence Psychiatric Center\n  South Beach Psychiatric Center\n  New York City Children's Center\n  Rockland Children's Psychiatric Center\n  Sagamore Children's Psychiatric Center\n  Western New York Children's Psychiatric Center\n  The New York State Psychiatric Institute and The Nathan S. Kline\nInstitute for Psychiatric Research are designated as institutes for the\nconduct of medical research and other scientific investigation directed\ntowards furthering knowledge of the etiology, diagnosis, treatment and\nprevention of mental illness.\n  (c) The commissioner shall establish the areas which each facility\nunder his jurisdiction shall serve and the categories of patients which\neach such facility shall receive, retain, or treat.\n  (d) The commissioner may permit the other offices of the department\nand any public or private non-profit organization or political\nsubdivision of the state to operate programs for the mentally disabled\nnot inconsistent with the programs and objectives of the department, in\nany facility under his jurisdiction. The commissioner may permit any\nfacility under his jurisdiction to operate programs for the mentally\ndisabled, not inconsistent with the programs and objectives of the\ndepartment, under contracts or agreements with other offices within the\ndepartment.\n  (e) In the event that the plan for state and local mental health\nservices, developed in accordance with subdivision (b) of this section,\ndetermines that significant service reductions are anticipated for a\nparticular state-operated hospital or its catchment area, or a\nstate-operated research institute, the commissioner shall take the\nfollowing actions, provided nothing in this subdivision shall create a\nbasis for enjoining any otherwise lawful service reductions:\n  1. confer with the department of civil service, the governor's office\nof employee relations and any other state agency to develop strategies\nwhich attempt to minimize the impact on the state workforce by providing\nassistance in obtaining state employment in state-operated\ncommunity-based services or other employment opportunities, and to\ndevelop strategies for the development of necessary retraining and\nredeployment programs. In planning such strategies, the commissioner\nshall provide for the participation of the representatives of the\nemployee labor organizations and for the participation of managerial and\nconfidential employees to ensure continuity of employment;\n  2. consult with the department of economic development and any other\nappropriate state agencies to develop strategies which attempt to\nminimize the impact of such significant service reductions on the local\nand regional economies;\n  3. provide for a mechanism which may reasonably be expected to provide\nnotice to local governments, community organizations, employee labor\norganizations, managerial and confidential employees, consumer and\nadvocacy groups of the potential for significant service reductions at\nsuch state-operated hospitals and state-operated research institutes at\nleast twelve months prior to commencing such service reduction,\nprovided, however, that this requirement shall be deemed satisfied with\nrespect to reductions at Central Islip Psychiatric Center, Gowanda\nPsychiatric Center, Harlem Valley Psychiatric Center, Kings Park\nPsychiatric Center, Willard Psychiatric Center and Manhattan Children's\nPsychiatric Center; and\n  4. consult with the office of general services and any other\nappropriate state agency in developing a mechanism for determining\nalternative uses for land and buildings to be vacated by the office of\nmental health.  Such a mechanism should include a review of other\nprograms or state agencies that could feasibly expand their operations\nonto a state-operated hospital campus and are compatible with health,\nsafety and programmatic needs of patients served in such facilities.\n  * (f) (1) The commissioner shall appoint program coordinators of\nassisted outpatient treatment, who shall be responsible for the\noversight and monitoring of assisted outpatient treatment programs\nestablished pursuant to section 9.60 of this chapter. Directors of\ncommunity services of local governmental units shall work in conjunction\nwith such program coordinators to coordinate the implementation of\nassisted outpatient treatment programs.\n  (2) The oversight and monitoring role of the program coordinator of\nthe assisted outpatient treatment program shall include each of the\nfollowing:\n  (i) that each assisted outpatient receives the treatment provided for\nin the court order issued pursuant to section 9.60 of this chapter;\n  (ii) that existing services located in the assisted outpatient's\ncommunity are utilized whenever practicable;\n  (iii) that a case manager or assertive community treatment team is\ndesignated for each assisted outpatient;\n  (iv) that a mechanism exists for such case manager, or assertive\ncommunity treatment team, to regularly report the assisted outpatient's\ncompliance, or lack of compliance with treatment, to the director of the\nassisted outpatient treatment program;\n  (v) that directors of community services establish procedures which\nprovide that reports of persons who may be in need of assisted\noutpatient treatment are appropriately investigated in a timely manner;\nand\n  (vi) that assisted outpatient treatment services are delivered in a\ntimely manner.\n  (3) The commissioner shall develop standards designed to ensure that\ncase managers or assertive community treatment teams have appropriate\ntraining and have clinically manageable caseloads designed to provide\neffective case management or other care coordination services for\npersons subject to a court order under section 9.60 of this chapter.\n  (4) Upon review or receiving notice that services are not being\ndelivered in a timely manner, the program coordinator shall require the\ndirector of such assisted outpatient treatment program to immediately\ncommence corrective action and inform the program coordinator of such\ncorrective action. Failure of a director to take corrective action shall\nbe reported by the program coordinator to the commissioner of mental\nhealth, as well as to the court which ordered the assisted outpatient\ntreatment.\n  * NB Repealed June 30, 2027\n  (g) The commissioner, in cooperation with any other state agency or\nrelevant stakeholder, shall identify information and training programs\nrelating to the diagnosis and treatment of post-traumatic stress\ndisorder for military veterans, including but not limited to, trainings\ndeveloped using funds received from the state of New York, and publish\nsuch information and links to relevant training programs on the office's\nwebsite. The identified information and training programs shall include\na component on military culture competency and shall be intended for use\nby mental health providers and mental health clinicians.\n