NY Ment Hygiene L § 7.17 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 7 - Office of Mental Health 7.17 - Programs, Services, and Operation of Facilities in the Office of Mental Health.

§ 7.17 Programs,  services, and operation of facilities in the office of          mental health.  (a) The commissioner shall establish policy  and  procedures  for  the organization,  administration, and operation of the facilities under his jurisdiction. He shall make provision for  the  effective  rendition  of services to patients by such facilities.  (b)  There  shall  be  in the office the hospitals named below for the care, treatment and rehabilitation of persons with  mental  illness  and for  research  and  teaching  in the science and skills required for the care, treatment and rehabilitation of such persons with mental illness.   Greater Binghamton Health Center   Bronx Psychiatric Center   Buffalo Psychiatric Center   Capital District Psychiatric Center   Central New York Psychiatric Center   Creedmoor Psychiatric Center   Elmira Psychiatric Center   Kingsboro Psychiatric Center   Kirby Forensic Psychiatric Center   Manhattan Psychiatric Center   Mid-Hudson Forensic Psychiatric Center   Mohawk Valley Psychiatric Center   Nathan S. Kline Institute for Psychiatric Research   New York State Psychiatric Institute   Pilgrim Psychiatric Center   Richard H. Hutchings Psychiatric Center   Rochester Psychiatric Center   Rockland Psychiatric Center   St. Lawrence Psychiatric Center   South Beach Psychiatric Center   New York City Children's Center   Rockland Children's Psychiatric Center   Sagamore Children's Psychiatric Center   Western New York Children's Psychiatric Center   The New York State Psychiatric  Institute  and  The  Nathan  S.  Kline Institute  for Psychiatric Research are designated as institutes for the conduct of medical research and other scientific investigation  directed towards  furthering  knowledge of the etiology, diagnosis, treatment and prevention of mental illness.  (c) The commissioner shall establish the  areas  which  each  facility under  his jurisdiction shall serve and the categories of patients which each such facility shall receive, retain, or treat.  (d) The commissioner may permit the other offices  of  the  department and   any   public  or  private  non-profit  organization  or  political subdivision of the state to operate programs for the  mentally  disabled not  inconsistent with the programs and objectives of the department, in any facility under his jurisdiction. The  commissioner  may  permit  any facility  under  his  jurisdiction  to operate programs for the mentally disabled, not inconsistent with  the  programs  and  objectives  of  the department,  under contracts or agreements with other offices within the department.  (e) In the event that the plan  for  state  and  local  mental  health services,  developed in accordance with subdivision (b) of this section, determines that significant service reductions  are  anticipated  for  a particular   state-operated   hospital  or  its  catchment  area,  or  a state-operated research  institute,  the  commissioner  shall  take  the following  actions,  provided nothing in this subdivision shall create a basis for enjoining any otherwise lawful service reductions:    1. confer with the department of civil service, the governor's  office of  employee  relations and any other state agency to develop strategies which attempt to minimize the impact on the state workforce by providing assistance   in   obtaining   state   employment    in    state-operated community-based  services  or  other  employment  opportunities,  and to develop strategies for  the  development  of  necessary  retraining  and redeployment  programs.  In  planning  such strategies, the commissioner shall provide for  the  participation  of  the  representatives  of  the employee labor organizations and for the participation of managerial and confidential employees to ensure continuity of employment;   2.  consult  with the department of economic development and any other appropriate state  agencies  to  develop  strategies  which  attempt  to minimize  the impact of such significant service reductions on the local and regional economies;   3. provide for a mechanism which may reasonably be expected to provide notice to local governments,  community  organizations,  employee  labor organizations,  managerial  and  confidential  employees,  consumer  and advocacy groups of the potential for significant service  reductions  at such  state-operated hospitals and state-operated research institutes at least  twelve  months  prior  to  commencing  such  service   reduction, provided,  however, that this requirement shall be deemed satisfied with respect to reductions  at  Central  Islip  Psychiatric  Center,  Gowanda Psychiatric   Center,  Harlem  Valley  Psychiatric  Center,  Kings  Park Psychiatric Center, Willard Psychiatric Center and Manhattan  Children's Psychiatric Center; and   4.  consult  with  the  office  of  general  services  and  any  other appropriate state agency  in  developing  a  mechanism  for  determining alternative  uses  for land and buildings to be vacated by the office of mental health.   Such a mechanism  should  include  a  review  of  other programs  or  state agencies that could feasibly expand their operations onto a state-operated hospital campus and are  compatible  with  health, safety and programmatic needs of patients served in such facilities.   * (f)  (1)  The  commissioner  shall  appoint  program coordinators of assisted  outpatient  treatment,  who  shall  be  responsible  for   the oversight  and  monitoring  of  assisted  outpatient  treatment programs established pursuant to section  9.60  of  this  chapter.  Directors  of community services of local governmental units shall work in conjunction with  such  program  coordinators  to  coordinate  the implementation of assisted outpatient treatment programs.  (2) The oversight and monitoring role of the  program  coordinator  of the  assisted  outpatient  treatment  program  shall include each of the following:  (i) that each assisted outpatient receives the treatment provided  for in the court order issued pursuant to section 9.60 of this chapter;  (ii)  that  existing  services  located  in  the assisted outpatient's community are utilized whenever practicable;  (iii) that a case manager or assertive  community  treatment  team  is designated for each assisted outpatient;  (iv)  that  a  mechanism  exists  for  such case manager, or assertive community treatment team, to regularly report the assisted  outpatient's compliance, or lack of compliance with treatment, to the director of the assisted outpatient treatment program;  (v)  that  directors  of community services establish procedures which provide that  reports  of  persons  who  may  be  in  need  of  assisted outpatient  treatment are appropriately investigated in a timely manner; and  (vi) that assisted outpatient treatment services are  delivered  in  a timely manner.  (3)  The  commissioner shall develop standards designed to ensure that case managers or assertive community treatment  teams  have  appropriate training  and  have  clinically manageable caseloads designed to provide effective case  management  or  other  care  coordination  services  for persons subject to a court order under section 9.60 of this chapter.  (4)  Upon  review  or  receiving  notice  that  services are not being delivered in a timely manner, the program coordinator shall require  the director  of  such  assisted outpatient treatment program to immediately commence corrective action and inform the program  coordinator  of  such corrective action. Failure of a director to take corrective action shall be  reported  by  the  program coordinator to the commissioner of mental health, as well as to the court which ordered  the  assisted  outpatient treatment.   * NB Repealed June 30, 2022