N.Y. Mental Hygiene Law § 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.