2023 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, 2027
(g)  The  commissioner,  in cooperation with any other state agency or
relevant stakeholder, shall identify information and  training  programs
relating  to  the  diagnosis  and  treatment  of  post-traumatic  stress
disorder for military veterans, including but not limited to,  trainings
developed  using  funds received from the state of New York, and publish
such information and links to relevant training programs on the office's
website. The identified information and training programs shall  include
a component on military culture competency and shall be intended for use
by mental health providers and mental health clinicians.