N.Y. Mental Hygiene Law § 5.06: Behavioral health services advisory council

§ 5.06 Behavioral health services advisory council.

(a) There is hereby created within the department a behavioral health

services advisory council, the purpose of which shall be to advise the

offices of mental health and addiction services and supports on matters

relating to the provision of behavioral health services; issues of joint

concern to the offices, including the integration of various behavioral

health services and the integration of behavioral health services with

health services; issues related to the delivery of behavioral health

services that are responsive to local, state and federal concerns; and

issues related to treatment disparities and treatment equity, as defined

in section 19.45 of this chapter. The council shall consist of the

commissioners of mental health and of addiction services and supports,

who shall not have the right to vote, the chair of the conference of

local mental hygiene directors or his or her designee, and thirty-two

members appointed by the governor, upon the advice and consent of the

senate. Members shall be appointed only if they have professional

knowledge in the care of persons receiving behavioral health services,

or an active interest in the behavioral health services system.

(b) The governor shall designate one of the members of the council as

chair. At least one-half of the members of the council shall not be

providers of behavioral health services. Membership shall reflect a

balanced representation of persons with interests in mental health and

substance use disorder services and shall include:

(1) at least five current or former consumers of behavioral health

services;

(2) at least three individuals who are parents or relatives of current

or former consumers of behavioral health services;

(3) at least three members who are not providers of behavioral health

services and who represent non-governmental organizations, such as

not-for-profit entities representing health or behavioral health care

employees, private payors of behavioral health services, or other

organizations concerned with the provision of behavioral health

services;

(4) at least five representatives of providers of services to persons

with mental illness and at least five representatives of providers of

services to persons with substance use disorders, at least two of whom

shall be physicians and at least one of whom shall have provided

services to veterans who served in a combat theater or combat zone of

operations;

(5) one member appointed on the recommendation of the state

commissioner of the department of veterans' services and one member

appointed on the recommendation of the adjutant general of the division

of military and naval affairs, at least one of whom shall be a current

or former consumer of mental health services or substance use disorder

services who is a veteran who has served in a combat theater or combat

zone of operations and is a member of a veterans organization;

(6) at least three representatives of local governments or other state

and local agencies concerned with the provision of behavioral health

services;

(7) at least two members who are also members of the public health and

health planning council pursuant to section two hundred twenty of the

public health law; and

(8) at least four members that have expertise in issues facing

vulnerable populations, as defined in section 19.45 of this chapter, who

are receiving or seeking to receive substance use disorder services. Of

such members, one member shall be appointed by the governor at the

recommendation of the temporary president of the senate, one member

shall be appointed by the governor at the recommendation of the minority

leader of the senate, one member shall be appointed by the governor at

the recommendation of the speaker of the assembly and one member shall

be appointed by the governor at the recommendation of the minority

leader of the assembly.

(c) Members shall be appointed for terms of three years provided,

however, that of the members first appointed, one-third shall be

appointed for one year terms and one-third shall be appointed for two

year terms. Vacancies shall be filled in the same manner as original

appointments for the remainder of any unexpired term. No person shall be

an appointed member of the council for more than six years in any period

of twelve consecutive years.

(d) The council shall meet at least four times in each full calendar

year. The council shall meet at the request of its chair or either

commissioner.

(e) The council shall establish such committees as it deems necessary

to address the service needs of special populations and to address

particular subjects of importance in the development and management of

behavioral health services. Provided however, the council shall

establish a committee to specifically focus on substance use disorder

treatment disparities that may exist for vulnerable populations, as

defined in section 19.45 of this chapter.

(f) The council may consider any matter relating to the improvement of

behavioral health services in the state and shall advise the

commissioners on any such matter, including, but not limited to:

(1) care and services to persons with behavioral health disorders,

including special and underserved populations as determined by the

commissioner;

(2) financing behavioral health services;

(3) integration of behavioral health services with health services;

(4) care and services for persons with co-occurring disorders or

multiple disabilities;

(5) prevention of behavioral health disorders;

(6) improvement of care in state operated or community based programs,

recruitment, education and training of qualified direct care personnel,

and protection of the interests of employees affected by adjustments in

the behavioral health service system; and

(7) ways to achieve treatment equity, as defined in section 19.45 of

this chapter.

(g) The council shall, in cooperation with the commissioners,

establish statewide goals and objectives for services to persons with

behavioral health disorders, pursuant to section 5.07 of this article.

(h) (1) The council shall review the portion of the statewide plan to

be developed and updated annually by the commissioners pursuant to

section 5.07 of this article, and report its recommendations thereon to

the commissioners.

(2) The council shall review any mental health or substance use

component of statewide health plans developed in accordance with any

applicable federal law, and shall report its recommendations thereon to

the commissioners.

(i) The council shall review applications filed in accordance with:

(1) section 31.22 of this chapter for approval of incorporation or

establishment of a facility, and section 31.23 of this chapter for

approval of the construction of a facility for which approval from the

commissioner of mental health is required; and

(2) section 32.29 or 32.31 of this chapter for approval of

incorporation or establishment or construction of a facility for which

approval to operate is required from the commissioner of alcoholism and

substance abuse services pursuant to article thirty-two of this chapter,

and as otherwise requested by such commissioner;

(j) The council shall be notified of, and may review at its

discretion, any closure of a hospital or ward thereof operated by the

office of mental health or office of alcoholism and substance abuse

services, and may issue recommendations pertaining to issues including

community reinvestment and continuity of care. All such recommendations

shall be provided to the relevant commissioner or commissioners, the

temporary president of the senate and the speaker of the assembly.

(k) At least sixty days prior to the commissioners' final approval of

rules and regulations under their respective jurisdiction, other than

emergency rules and regulations and regulations promulgated pursuant to

section 43.01 of this chapter, the commissioners shall submit such

proposed rules and regulations to the council for its review. The

council shall review all proposed rules and regulations and report its

recommendations thereon to the commissioners within sixty days. The

commissioner having statutory jurisdiction over the proposed rule or

regulation shall not act in a manner inconsistent with the

recommendations of the council without first appearing before the

council to report the reasons therefor. The council, upon a majority

vote of its members, may require that an alternative approach to the

proposed rules and regulations be published with the notice of the

proposed rules and regulations pursuant to section two hundred two of

the state administrative procedure act. When an alternative approach is

published pursuant to this section, the commissioner having statutory

jurisdiction of the subject proposed rule or regulation shall state the

reasons for not selecting such alternative approach.

(l) The council, by a majority vote of its members, may propose rules

and regulations on any matter within the regulatory jurisdiction of the

offices of mental health or alcoholism and substance abuse services,

other than establishment of fee schedules pursuant to section 43.01 of

this chapter, and forward such proposed rules and regulations to both

commissioners for review and consideration; provided, however, that only

the approval of the commissioner with statutory jurisdiction of the

proposed rule or regulation shall be required. Prior to such

commissioner's final approval and promulgation of such proposed rules

and regulations, if such rules and regulations are modified in any

respect, they shall be submitted to the council pursuant to subdivision

(k) of this section. If such commissioner determines not to promulgate

such proposed rules and regulations, the commissioner shall appear

before the council to report the reasons therefor.

(m) The members of the council shall receive no compensation for their

services but shall be reimbursed for expenses actually and necessarily

incurred in the performance of their duties.

(n) The commissioners, upon request of the council, shall designate

one or more officers or employees from either or both offices to provide

administrative support services to the council, and may assign from time

to time such other employees as the council may request.

(o) No civil action shall be brought in any court against any member

of the behavioral health services advisory council for any act done,

failure to act, or statement or opinion made, while discharging his or

her duties as a member of the council, without leave from a justice of

the supreme court, first had and obtained. In any event, such member

shall not be liable for damages in any such action if he or she acted in

good faith, with reasonable care and upon probable cause. Members of the

council shall be considered public officers for the purposes of section

seventeen of the public officers law.

(p) The council may establish written bylaws.