N.Y. Mental Hygiene Law § 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.