2023 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.