NY Ment Hygiene L § 5.07 (2021)
2021 New York Laws MHY - Mental Hygiene Title A - Organization of Department of Mental Hygiene Article 5 - Department of Mental Hygiene 5.07 - Establishment of Statewide Comprehensive Plans of Services for Persons With Mental Disabilities.

§  5.07  Establishment  of statewide comprehensive plans of services for              persons with mental disabilities.  (a) (1) The  behavioral  health  services  advisory  council  and  the advisory   council   on   developmental   disabilities   shall   provide recommendations  for   statewide   priorities   and   goals   to   guide comprehensive planning, resource allocation and evaluation processes for state  and local services for persons with mental illness, developmental disabilities, and/or those with substance  use  or  compulsive  gambling disorders. Such goals and objectives shall:   a.  be  measurable  in terms of attainment and focused on outcomes for those being served;   b. be developed in collaboration with, and communicated to,  providers of    services,    department   facilities,   consumers   and   consumer representatives, and other  appropriate  state  and  local  governmental agencies;   c. reflect the partnership between state and local governmental units; and   d.  emphasize  the  need  to  integrate  behavioral  health and health services.  (2) Such advisory councils shall accomplish their duties by means of a process which is:   a. open, visible and accessible to the public; and   b. consistent with the  statewide  and  federally  mandated  planning, appropriation  and  evaluation  processes and activities for services to persons with mental disabilities.  (3) The advisory councils are hereby empowered to hold public hearings and meetings to enable them to accomplish their duties.  (b) Statewide comprehensive plan for services to persons  with  mental disabilities.  (1)   The  office  of  mental  health,  the  office  for  people  with developmental disabilities and the office of  alcoholism  and  substance abuse  services shall formulate a statewide comprehensive five-year plan for the provision of all state  and  local  services  for  persons  with mental  illness, developmental disabilities, and/or those with substance use or compulsive gambling disorders. The statewide  comprehensive  plan shall  be  based  upon  an analysis of local services plans developed by each local governmental unit, in consultation with  consumers,  consumer groups,  providers  of services and departmental facilities that furnish behavioral health services in conformance with statewide priorities  and goals established with recommendations of the behavioral health services advisory council and the advisory council on developmental disabilities. The plan shall:   a. identify statewide priorities;   b.  specify  statewide goals that reflect the statewide priorities and are focused on obtaining positive measurable outcomes;   c. propose strategies and initiatives to address  the  priorities  and facilitate achievement of statewide goals;   d.  identify  services and supports, which may include programs run or led by peers, that are designed to promote the health  and  wellness  of persons   with   mental   illness,  developmental  disabilities,  and/or substance use or compulsive gambling disorders;   e. provide analysis of current and anticipated  utilization  of  state and local, and public and private facilities, programs, services, and/or supports;   f.    encourage    and   promote   person-centered,   culturally   and linguistically  competent  community-based   programs,   services,   and supports   that   reflect   the  partnership  between  state  and  local governmental units;    g. include progress reports on the implementation of  both  short-term and  long-term  recommendations of the children's plan required pursuant to section four hundred eighty-three-f of the social services law; and   h.  include  final  reports  for  time-limited  demonstration programs pursuant to subdivision (d) of section 41.35 of this chapter.  (2) The commissioner of mental health shall also include the following in the portion of the statewide  comprehensive  plan  required  by  this subdivision for services to persons with mental illness:   a.  an  analysis  of  the long-term need for the delivery of inpatient care and services for adults and children and  youth  at  state-operated hospitals  as listed in section 7.17 of this chapter, including a review of statewide policies and trends  relating  to  admissions,  discharges, deaths,  transfers, and appropriate community placements for inpatients, and a review of the correlation between these policies  and  trends  and the  future  use of state inpatient facilities, resulting in a projected range of the anticipated census  over  the  next  five  years  for  each state-operated hospital listed in section 7.17 of this chapter;   b.  a  review  of the long-term needs of persons currently residing in state-operated hospitals, including an estimate of the  number  of  such individuals  needing state inpatient care, and an estimate of the number of such individuals who may be discharged to nursing homes, adult homes, residences operated, licensed or funded by the office of mental  health, and independent housing;   c.  an  analysis of the anticipated future of the forensic psychiatric program operated by the office of mental health pursuant to  subdivision (c) of section 7.09 of this chapter, including a programmatic and fiscal review  of  clinical  care needs for persons committed to such programs, identification of service gaps for this population, projected  range  of anticipated census over the next five years, and any recommendations for new service configurations;   d.  an  analysis  of  the  anticipated  future  of  the mission of the state-operated office of mental  health  research  institutes  that  are listed in section 7.17 of this chapter;   e.  a  description  of  the available community-based acute inpatient, out-patient, community  support  and  emergency  services,  which  shall include  comprehensive  psychiatric emergency programs licensed pursuant to section 31.27 of this chapter. Such description  should  include  the extent  to  which  these services are currently utilized by persons with mental illness and, as available, compare estimates of utilization  with estimates  of the prevalence of mental illness among persons residing in the service area to determine unmet need;   f. recommendations for new or expanded programs or services  that  may be  required  to  meet  the  unmet  need  for  community-based  services identified in accordance with subparagraph e of this paragraph;   g. a review and evaluation of efforts  undertaken  by  the  office  of mental health to encourage community hospitals to provide both emergency and acute inpatient care;   h.  a description of the involvement of local government mental health authorities  in  the  planning  and  development   of   a   needs-based, comprehensive  service system and in the determination of the allocation of resources;   i. to the extent practicable, all such information  required  pursuant to  this  paragraph  shall  be  provided  on  a  statewide, regional and individual state-operated hospital and state-operated research institute basis; and   j. recommendations on the provision of state and local  mental  health services  based  on  the  development  of  best  practices  by  programs  promoting  culturally  and  linguistically   competent   mental   health services.  (3)  The  commissioner  of  the  office  for people with developmental disabilities  shall  also  include,  to  the  extent  practicable,   the following  data  in  the  portion  of  the  statewide comprehensive plan required by this section for  services  to  persons  with  developmental disabilities:  (a)   the   number   of  individuals  and  average  Medicaid  eligible expenditure level per service recipient, categorized by the following:  (i) from birth to twenty years of age;  (ii)  from  twenty-one  years  of  age  to  sixty-four  years  of  age inclusive; and  (iii) sixty-five years of age and older;  (b) race or ethnicity of the service recipient, by age range;  (c) primary language spoken by the service recipient and other related details, as feasible; and  (d)  residence  type,  subcategorized  by  age, race or ethnicity, and primary language.  (4) The commissioners of each of the offices shall be responsible  for the development of such statewide five-year plan for services within the jurisdiction  of  their  respective  offices and after giving due notice shall conduct one or more public hearings on such plan.  The  behavioral health   services   advisory   council   and  the  advisory  council  on developmental  disabilities  shall  review  the  statewide   five   year comprehensive  plan  developed  by such office or offices and report its recommendations thereon to  such  commissioner  or  commissioners.  Each commissioner  shall  submit the plan, with appropriate modifications, to the governor no later than the first day of November  of  each  year  in order that such plan may be considered with the estimates of the offices for the preparation of the executive budget of the state of New York for the  next succeeding state fiscal year. Such comprehensive plan shall be submitted to the legislature and also be posted to the website  of  each office.  Statewide  plans  shall ensure responsiveness to changing needs and goals and shall reflect the development of new information  and  the completion  of  program  evaluations.  An  interim  report detailing the commissioner's actions in fulfilling the requirements of this section in preparation of the plan and modifications in the plan of services  being considered  by  the  commissioner shall be submitted to the governor and the legislature on or before the fifteenth day of March  of  each  year. Such interim report shall include, but need not be limited to:  (a)  actions  to  include participation of consumers, consumer groups, providers of services and departmental facilities, as required  by  this subdivision; and  (b)  any modifications in the plan of services being considered by the commissioner, to include:  (i)  compelling  budgetary,  programmatic  or clinical  justifications  or  other  major  appropriate  reason  for any significant new statewide  programs  or  policy  changes  from  a  prior (approved)  five year comprehensive plan; and (ii) procedures to involve or inform local governmental units of such actions or plans.  (5) The  commissioner  of  mental  health  in  consultation  with  the department  of  civil  service, the office of employee relations and any other appropriate state agency, shall prepare for the governor  and  the legislature  a  written  evaluation report concerning the retraining and continuation  of  employment  of   persons   whose   employment   in   a state-operated  hospital  listed  in section 7.17 of this chapter may be terminated  because  of  planned  closure  or  consolidation   of   such state-operated  hospital.  Such report shall include, but not be limited to:  (i) specific  proposals  to  help  implement  transitional  employment arrangements   with   state,  local  governmental  units  and  voluntary agencies;  (ii)  specific  proposals  to  help  provide  for  the  development of appropriate retraining programs;  (iii) specific proposals to help provide for continuity of  employment and utilization of alternatives to layoffs;  (iv)  specific  proposals to help provide for the active participation of the legal bargaining representatives of the employees of the  office, where  appropriate, in the planning for and implementation of mechanisms to help ensure continuity of employment;  (v) specific proposals to  help  ensure  that  the  planning  for  the closure  or consolidation of state-operated hospitals is consistent with the planning for  the  continuity  of  employment  of  state  employees, including  procedures  to  ensure  timely  notification  of  represented employees and their designated legal representatives and managerial  and confidential    employees   regarding   planned   program   closure   or consolidation of state-operated hospitals; and  (vi) specific proposals regarding the establishment  of  demonstration projects incorporating staff training, transfers and assignment of staff of  state-operated  hospitals to the offices in local governmental units and in voluntary agencies. Such proposals shall take into  consideration those  areas  of the state that are determined to be most in need of the development of appropriate systems of service delivery to best meet  the appropriate  needs  of  persons  with  serious mental illness, including children and adolescents with serious emotional disturbances.   On or before December first, nineteen hundred ninety-four  a  copy  of such report, and such recommendations as may be deemed appropriate shall be submitted to the governor, the temporary president of the senate, the speaker  of  the  assembly,  and the respective minority leaders of each such house.  (c) Three year capital plan. (1) On or before July first of each year, the commissioners of the offices of the  department  of  mental  hygiene shall  each submit to the advisory council of their respective offices a statewide three year capital plan for facilities within the jurisdiction of their respective offices.  The  capital  plan  shall  set  forth  the projects  proposed to be designed, constructed, acquired, reconstructed, rehabilitated   or   otherwise   substantially   altered   pursuant   to appropriation  to  meet  the capital development needs of the respective agencies for the next ensuing three years; the years of such plan  shall correspond  to  the years of the statewide five year plan as required by subdivision (b) of this section.  (2) Such plan for each office shall include but not be  limited  to  a detailed  project  schedule indicating the location by county or borough and estimated cost of each project, the anticipated dates on  which  the design  and  construction  of  the  project is to commence, the proposed method of financing for the project, the estimated economic life of  the project  and  whether  the  proposed  project  constitutes  design,  new construction or rehabilitation.  (3) Such plan shall further  specify  for  each  project  whether  the project  is  to  be a residential or nonresidential facility, a state or voluntary operated facility, and, the number of clients,  by  source  of clients, proposed to utilize the facility. The information on the source of  the  client  shall  include  but not be limited to identification of clients currently living independently, or at  home  with  families,  or with caretakers, clients defined by their respective agencies as special populations,  or  clients currently residing in an institutional setting under the jurisdiction of the offices of the department.  (4) The advisory council of the appropriate office shall  review  such plan  and  report  its recommendation to the commissioner for inclusion, provided, however, that the behavioral health services advisory  council shall  forward  its comments on the capital plan of the office of mental health  to  the  mental health planning council which shall forward such recommendations after review to the commissioner of mental  health.  The commissioner   shall   submit   his   or   her   plan  with  the  formal recommendations of the advisory council of his or  her  office  and  any subsequent  appropriate  modifications to the governor no later than the first day of November  of  each  year  or  concurrent  with  the  annual submission  of  estimates  and  information  required  by section one of article seven of the constitution in order  that  such  plans  shall  be considered  with the estimates of the offices for the preparation of the executive budget of the state of New York for the next succeeding  state fiscal  year.  The  commissioners  shall  also  submit such plans to the chairmen of the senate finance committee and the assembly ways and means committee.  (5) Each statewide three year capital plan  for  facilities  shall  be evaluated  and  revised  annually  to  encompass the fiscal year then in progress and the next ensuing two fiscal years to ensure  responsiveness to  the  changing  needs and goals of the department, and to reflect the development of new information and project completion.