N.Y. Mental Hygiene Law § 41.13: Powers and duties of local governmental units

§ 41.13 Powers and duties of local governmental units.

(a) Every local governmental unit shall:

1. review services and local facilities for the mentally disabled of

the area which it serves and their relationship to local need; determine

needs of the mentally disabled of such area; and encourage programs of

prevention, diagnosis, care, treatment, social and vocational

rehabilitation, special education and training, consultation, and public

education on mental disabilities.

2. develop the program of local services for the area which it serves,

establish long range goals of the local government in its programs for

the mentally disabled, and develop intermediate range plans and

forecasts, listing priorities and estimated costs. The office of mental

health shall be responsible for such program development relating to

community support services in areas where the responsible local

governmental unit elects, pursuant to subdivision (c) of section 41.47

of this article, not to receive state aid for community support

services. Local governmental units which elect not to receive such

state aid for community support services shall integrate information

relating to community support services into the comprehensive plan for

services, as otherwise required by this article.

3. direct and administer the development of a local comprehensive plan

for all services for mentally disabled residents of the area, which

shall be submitted to the department and used in part to formulate a

statewide comprehensive plan for services.

4. seek to assure that under the goals and plans required pursuant to

this subdivision, all population groups are adequately covered,

sufficient services are available for all the mentally disabled within

its purview, that there is coordination and cooperation among local

providers of services, that the local program is integrated and

coordinated with the provision of community support services, that the

local program is also integrated and coordinated with the programs of

the department, and that there is continuity of care among all providers

of services.

5. submit annually to the department for its approval and subsequent

state aid, a report of long range goals and specific intermediate range

plans as modified since the preceding report, along with a local

services plan for the next local fiscal year.

6. have the power, with the approval of local government, to enter

into contracts for the provision of services, including the provision of

community support services, and the construction of facilities.

7. establish procedures for execution of the local services plan as

approved by the local government and the commissioner, including

regulations to guide the provision of services by all organizations and

individuals within its program.

8. make policy for and exercise general supervisory authority over or

administer local services and facilities provided or supervised by it

whether directly or through agreements, including responsibility for the

proper performance of the services provided by other facilities of local

government and by voluntary and private facilities which have been

incorporated into its comprehensive program.

9. further programs for special education and training, including

career incentive and manpower and development.

10. have the power to conduct or contract for such research as may be

useful for the discharge of its administrative duties and for the

promotion of scientific knowledge of the mental disabilities.

11. serve as a center for the promotion of community and public

understanding of mental disabilities and of the services necessary for

their care and treatment.

12. seek the cooperation and cooperate with other aging, public health

and social services agencies, public and private, in advancing the

program of local services.

13. have the powers necessary and proper for the effective performance

of its functions and duties.

14. require the development of a written treatment plan as provided in

rules and regulations of the commissioner which shall include, but not

be limited to, a statement of treatment goals; appropriate programs,

treatment or therapies to be undertaken to meet such goals; and a

specific timetable for assessment of client progress as well as for

periodic mental and physical reexaminations. In causing such a plan to

be prepared or when such a plan is to be revised, the client or an

authorized representative, to include the parent or parents if the

client is a minor, shall be interviewed and provided an opportunity to

actively participate in such preparation or revision.

* 15. administer, supervise or operate any assisted outpatient

treatment program of a local governmental unit pursuant to section 9.60

of this chapter and provide that all necessary services are planned for

and made available for individuals committed under the program.

* NB Repealed June 30, 2027

* 16. identify and plan for the provision of care coordination,

emergency services, and other needed services for persons who are

identified as high-need patients, as such term is defined by the

commissioner of mental health.

* NB Repealed June 30, 2027

(b) The powers of the local governmental unit listed in subdivision

(a) of this section shall be exercised pursuant to regulations of the

commissioner.

(c) The director shall submit an annual report on programs and

services to the board and other reports as requested.

(d) The local governmental unit shall have full powers necessary for

administration and the execution of its duties to appoint and employ,

with power of removal, full and part time officers, employees, and

consultants, including employees of the department, in accordance with

the standards, policies, and salary schedules provided by law or

otherwise authorized.

(e) In the event that a local governmental unit shall refuse to enter

into a contract with a voluntary agency applying for a contract for the

rendition of services under this article, such agency shall have the

right of appeal to the commissioner. If, after review, the commissioner

upholds the appeal, the department may enter into a contract directly

with the appealing agency for such services as this article permits.