N.Y. Mental Hygiene Law § 41.17: State and local coordination

§ 41.17 State and local coordination.

Each commissioner of an office in the department, consistent with the

goals and objectives established by the advisory council of such office

in cooperation with the New York state conference of local mental

hygiene directors and providers of service including directors of

hospital based mental health services, directors of community mental

health centers, and voluntary agencies, shall:

(a) Within five years from the effective date of this chapter:

1. develop standards for admissions to all facilities for the care of

the mentally ill, developmentally disabled, and those suffering from the

disease of alcoholism, alcohol abuse, substance abuse or substance

dependence consistent with the requirements of articles nine and fifteen

of this chapter taking into account characteristics of clients and

providers;

2. develop standards for discharges from all facilities for the care

of the mentally ill, developmentally disabled, and those suffering from

the disease of alcoholism, alcohol abuse, substance abuse or substance

dependence taking into account the availability and adequacy of

community residential and treatment services and the rights of the

patient;

3. develop and recommend to the governor and legislature procedures

giving local governmental units the opportunity to review all proposed

admissions of residents of the local government to facilities in the

department, consistent with the requirements of articles nine, fifteen

and twenty-one of this chapter. The purpose of such review shall be to

determine whether alternative community-based services are available or

can be made available to such residents;

4. develop and recommend to the governor and legislature procedures

giving local governmental units the opportunity to propose discharges

and review proposed discharges and placements of residents of the local

government from facilities of the department to programs in the

community consistent with the requirements of articles nine, fifteen and

twenty-one of this chapter;

5. develop and implement a uniform assessment, evaluation and

reporting system as required by section 31.01 of this chapter;

6. develop allocable per patient rates for departmental facility

programming and facility maintenance and support as required by section

43.01 of this chapter;

7. examine and develop in consultation with the recognized

representative of employees of the offices of the department and

recommend to the governor and legislature appropriate programs addressed

to the labor and employment issues resulting from contraction of state

operated services with such programs to be designed to provide

opportunities for the retraining and continuation of employment of

persons currently employed in the state mental hygiene department.

(b) Report to the governor and the legislature by March first of each

year, on the progress made toward the implementation of the requirements

specified by subdivision (a) of this section.