NY Ment Hygiene L § 5.05 (2021)
2021 New York Laws MHY - Mental Hygiene Title A - Organization of Department of Mental Hygiene Article 5 - Department of Mental Hygiene 5.05 - Powers and Duties of the Head of the Department.

§ 5.05 Powers and duties of the head of the department.  (a)  The  commissioners  of the office of mental health and the office for  people  with  developmental  disabilities,  as  the  heads  of  the department,  shall jointly visit and inspect, or cause to be visited and inspected, all facilities either public or private used  for  the  care, treatment  and  rehabilitation  of  individuals  with mental illness and developmental  disabilities  in  accordance  with  the  requirements  of section four of article seventeen of the New York state constitution.  (b)  (1)  The commissioners of the office of mental health, the office for people with developmental disabilities and the office of  alcoholism and   substance   abuse   services   shall  constitute  an  inter-office coordinating council which, consistent with the autonomy of each  office for  matters within its jurisdiction, shall ensure that the state policy for the prevention, care, treatment and  rehabilitation  of  individuals with  mental illness and developmental disabilities, alcoholism, alcohol abuse, substance abuse, substance dependence, and chemical dependence is planned,  developed  and  implemented  comprehensively;  that  gaps   in services  to  individuals  with multiple disabilities are eliminated and that no person is denied treatment and services because he  or  she  has more than one disability; that procedures for the regulation of programs which  offer  care and treatment for more than one class of persons with mental  disabilities  be  coordinated   between   the   offices   having jurisdiction  over  such  programs;  and  that  research projects of the institutes, as identified in section 7.17 or 13.17 of this chapter or as operated by the office for people with developmental  disabilities,  are coordinated  to  maximize  the  success  and  cost effectiveness of such projects and to eliminate wasteful duplication.  (2) The inter-office  coordinating  council  shall  annually  issue  a report  on  its  activities  to  the  legislature  on or before December thirty-first.  Such annual report shall include, but not be limited  to, the  following  information:  proper  treatment  models and programs for persons with multiple disabilities and suggested  improvements  to  such models  and  programs;  research  projects  of  the institutes and their coordination with  each  other;  collaborations  and  joint  initiatives undertaken   by   the   offices  of  the  department;  consolidation  of regulations  of  each  of  the  offices  of  the  department  to  reduce regulatory  inconsistencies  between the offices; inter-office or office activities related to workforce training and development;  data  on  the prevalence, availability of resources and service utilization by persons with  multiple disabilities; eligibility standards of each office of the department affecting clients suffering from multiple  disabilities,  and eligibility  standards  under  which  a  client  is  determined to be an office's  primary  responsibility;   agreements   or   arrangements   on statewide,   regional   and   local  government  levels  addressing  how determinations  over  client  responsibility   are   made   and   client responsibility disputes are resolved; information on any specific cohort of  clients with multiple disabilities for which substantial barriers in accessing or receiving appropriate care has been reported or is known to the inter-office coordinating council or the offices of the  department; and  coordination  of  planning,  standards or services for persons with multiple disabilities between the inter-office coordinating council, the offices of the department and local governments in accordance  with  the local  planning  requirements  set  forth  in  article forty-one of this chapter.  (c) The commissioners shall meet from time to time with the  New  York state  conference of local mental hygiene directors to assure consistent procedures in fulfilling the responsibilities required by  this  section and by article forty-one of this chapter.  (d)  1.  The commissioner of mental health shall evaluate the type and level of care required by patients  in  the  adult  psychiatric  centers authorized  by  section  7.17  of  this  chapter and develop appropriate comprehensive requirements for the staffing of  inpatient  wards.  These requirements  should  reflect  measurable  need  for  administrative and direct care staff including physicians, nurses and other clinical staff, direct and related support and other support staff, established  on  the basis  of  sound  clinical  judgment.  The  staffing  requirements shall include but not be limited to the following: (i) the level of care based on patient needs, including on  ward  activities,  (ii)  the  number  of admissions,  (iii)  the  geographic  location of each facility, (iv) the physical layout of the campus, and (v) the physical  design  of  patient care wards.   2.  Such  commissioner,  in developing the requirements, shall provide for adequate ward coverage on all shifts taking into account the  number of  individuals  expected to be off the ward due to sick leave, workers' compensation, mandated training and all other off ward leaves.   3.  The  staffing  requirements  shall  be  designed  to  reflect  the legitimate  needs  of  facilities so as to ensure full accreditation and certification by appropriate regulatory bodies. The  requirements  shall reflect  appropriate industry standards. The staffing requirements shall be fully measurable.   4. The commissioner of mental health shall submit an interim report to the governor and the legislature on  the  development  of  the  staffing requirements  on  October first, nineteen hundred eighty-eight and again on April first, nineteen hundred  eighty-nine.  The  commissioner  shall submit  a final report to the governor and the legislature no later than October first, nineteen hundred eighty-nine and  shall  include  in  his report  a  plan  to  achieve the staffing requirements and the length of time necessary to meet these requirements.  (e) The commissioners of the  office  of  mental  health,  office  for people with developmental disabilities, and the office of alcoholism and substance  abuse  services  shall  cause  to have all new contracts with agencies and  providers  licensed  by  the  offices  to  have  a  clause requiring  notice  be  provided to all current and new employees of such agencies and providers stating that all  instances  of  abuse  shall  be investigated  pursuant  to  this  chapter,  and,  if  an employee leaves employment prior to the conclusion of a pending abuse investigation, the investigation shall continue. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee  under  any other  law or regulation or under any collective bargaining agreement or employment contract.