A. 6976 2
visit and inspect, or cause to be visited and inspected, all facilities
either public or private used for the care, treatment and rehabilitation
of persons suffering from mental illness, mental retardation and devel-
opmental disability in accordance with the requirements of section four
of article seventeen of the New York state constitution.
(b) (1) The CHAIRPERSON, AND THE commissioners of the offices of
mental health, mental retardation and developmental disabilities and
alcoholism and substance abuse services shall constitute [an inter-off-
ice coordinating] THE 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
mental illness, mental retardation and developmental disability, alco-
holism, alcohol abuse, substance abuse, substance dependence, and chemi-
cal dependence is planned, developed and implemented comprehensively;
that gaps in services to the multiply disabled are eliminated and that
no person is denied treatment and services because he or she suffers
from more than one disability; that procedures for the regulation of
programs which offer care and treatment for more than one class of
mentally disabled persons 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, 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 thir-
ty-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 PERSONS WITH MULTIPLE DISABILITIES WHO
ARE SUBSTANCE AND/OR ALCOHOL ABUSERS, and suggested improvements to such
models and programs; research projects of the institutes and their coor-
dination with each other; collaborations and joint initiatives undertak-
en by the offices of the department; consolidation of regulations of
each of the offices of the department to reduce regulatory inconsisten-
cies 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 disabili-
ties; 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 responsi-
bility; agreements or arrangements on statewide, regional and local
government levels addressing how determinations over client responsibil-
ity are made and client responsibility disputes are resolved; informa-
tion 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, stand-
ards 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.
S 5. Subdivision (a) of section 5.07 of the mental hygiene law, as
amended by chapter 223 of the laws of 1992, the opening paragraph of
paragraph 1 as amended by chapter 558 of the laws of 1999, is amended to
read as follows:
(a) (1) THERE IS HEREBY CREATED, WITHIN THE DEPARTMENT, THE COUNCIL
FOR MENTAL HYGIENE PLANNING. THE COUNCIL FOR MENTAL HYGIENE PLANNING
A. 6976 3
SHALL CONSIST OF THE CHAIRPERSON AND THE COMMISSIONERS OF MENTAL HEALTH,
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES AND ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES WHO SHALL SERVE EX-OFFICIO, THE CHAIRPERSON OF
THE CONFERENCE OF LOCAL MENTAL HYGIENE DIRECTORS OR HIS OR HER DESIGNEE,
AND FOURTEEN MEMBERS; SIX OF WHOM SHALL BE APPOINTED BY THE GOVERNOR,
THREE OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE, THREE OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,
ONE OF WHOM SHALL BE APPOINTED BY EACH OF THE MINORITY LEADERS OF EACH
SUCH HOUSE OF THE LEGISLATURE. THE COUNCIL FOR MENTAL HYGIENE PLANNING
SHALL ESTABLISH STATEWIDE GOALS AND OBJECTIVES TO GUIDE COMPREHENSIVE
PLANNING, RESOURCE ALLOCATION AND EVALUATION PROCESSES FOR STATE AND
LOCAL SERVICES FOR THE MULTIPLY DISABLED.
(2) The mental health services council and the advisory councils on
mental retardation and developmental disabilities and alcoholism and
substance abuse services shall each establish statewide goals and objec-
tives to guide comprehensive planning, resource allocation and evalu-
ation processes for state and local services for the mentally ill,
mentally retarded and developmentally disabled and those suffering from
chemical abuse or dependence, respectively. Such goals and objectives
shall:
a. be measurable in terms of attainment;
b. be communicated to THE TEMPORARY PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY, providers of services, department facilities,
consumers and consumer representatives, and other appropriate state and
local governmental agencies;
c. require that all state and local public and private services for
the mentally disabled be organized, staffed and financed to best meet
the needs of all mentally disabled persons whether receiving in-patient
or non in-patient services;
d. reflect the partnership between state and local governmental units;
and
e. emphasize that gaps in services be filled and that services are
provided to the multiply disabled.
[(2)] (3) Such advisory councils shall establish, review, augment or
delete from such goals and objectives, as appropriate, by means of a
continuing annual goal-setting process which is:
a. open, visible and accessible to the public; and
b. consistent with the statewide planning, appropriation and evalu-
ation processes and activities for services to the mentally disabled.
[(3)] (4) The advisory councils [are hereby empowered to] SHALL hold
public hearings and meetings to enable them to accomplish their duties.
S 6. The opening paragraph of paragraph 1 and paragraph 3 of subdivi-
sion (b) of section 5.07 of the mental hygiene law, as amended by chap-
ter 223 of the laws of 1992, paragraph 3 as renumbered by chapter 322 of
the laws of 1992, are amended to read as follows:
The COUNCIL, AND THE offices of mental health [and], mental retarda-
tion and developmental disabilities and the office of alcoholism and
substance abuse services shall each formulate a statewide comprehensive
five-year plan for the provision of all state and local services for the
MULTIPLY DISABLED, mentally ill, mentally retarded and developmentally
disabled, and those suffering from alcoholism and substance abuse,
respectively. Each plan shall be formulated from local comprehensive
plans developed by each local governmental unit, with participation of
consumers, consumer groups, providers of services and departmental
facilities furnishing services to the mentally disabled of the area in
conformance with statewide goals and objectives established by the COUN-
A. 6976 4
CIL FOR MENTAL HYGIENE PLANNING AND BY THE advisory council of each
office. THE CHAIRPERSON AND THE COMMISSIONER OF EACH OFFICE OF THE
DEPARTMENT, RESPECTIVELY, SHALL ANNUALLY CERTIFY TO THE TEMPORARY PRESI-
DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY THAT SUCH STATEWIDE
COMPREHENSIVE FIVE-YEAR PLAN HAS BEEN FORMULATED AS REQUIRED BY THIS
PARAGRAPH. Each plan shall:
(3) The CHAIRPERSON, AND THE commissioners of each of the offices
shall be responsible for the development of such statewide five-year
plan for services within the jurisdiction of THE COUNCIL AND their
respective offices and after giving due notice shall conduct one or more
public hearings on such plan. The COUNCIL FOR MENTAL HYGIENE PLANNING
AND THE advisory council of each office shall review the statewide five
year plan developed by such COUNCIL OR office and report its recommenda-
tions thereon to such CHAIRPERSON OR commissioner. [Each] THE CHAIR-
PERSON AND EACH commissioner shall submit the plan, with appropriate
modifications, to the governor no later than the first day of October of
each year in order that such plan may be considered with the estimates
of the offices for the preparation of the executive budget of the state
of New York for the next succeeding state fiscal year.
[Each] THE CHAIRPERSON AND EACH commissioner shall also submit such
plan to the legislature. The statewide plan shall be reassessed and
updated at least annually to encompass the next ensuing five years to
ensure responsiveness to changing needs and goals and to reflect the
development of new information and the completion of program evalu-
ations. An interim report detailing the CHAIRPERSON'S AND EACH commis-
sioner's actions in fulfilling the requirements of this section in prep-
aration of the plan and modifications in the plan of services being
considered by the CHAIRPERSON AND EACH commissioner shall be submitted
to the governor and the legislature on or before the fifteenth day of
February of each year. Such interim report shall include, but need not
be limited to:
[(a)] A. actions to include participation of consumers, consumer
groups, providers of services and departmental facilities, as required
by this subdivision; and
[(b)] B. any modifications in the plan of services being considered by
the CHAIRPERSON OR THE RESPECTIVE commissioner, to include: (i) compel-
ling budgetary, programmatic or clinical justifications or other major
appropriate reason for any significant new statewide programs or policy
changes from a prior (approved) five year comprehensive plan; and (ii)
procedures to involve or inform local governmental units of such actions
or plans.
S 7. Subparagraph (vi) of paragraph 4 of subdivision (b) of section
5.07 of the mental hygiene law, as amended by chapter 723 of the laws of
1993, is amended to read as follows:
(vi) specific proposals regarding the establishment of demonstration
projects incorporating staff training, transfers and assignment of staff
of state-operated hospitals to the offices in local governmental units
and in voluntary agencies. Such proposals shall take into consideration
those areas of the state that are determined to be most in need of the
development of appropriate systems of service delivery to best meet the
appropriate needs of persons with serious mental illness, including
children and adolescents with serious emotional disturbances. On or
before December first, [nineteen hundred ninety-four] TWO THOUSAND ELEV-
EN a copy of such report, and such recommendations as may be deemed
appropriate shall be submitted to the governor, the temporary president
A. 6976 5
of the senate, the speaker of the assembly, and the respective minority
leaders of each such house.
S 8. Title A of the mental hygiene law is amended by adding a new
article 6 to read as follows:
ARTICLE 6
INTER-OFFICE COORDINATING COUNCIL
SECTION 6.01 DECLARATION OF POLICY.
6.03 INTER-OFFICE COORDINATING COUNCIL; SCOPE OF RESPONSIBIL-
ITIES.
6.05 POWERS OF THE COUNCIL AND THE CHAIRPERSON; HOW EXERCISED.
6.07 ORGANIZATION AND ADMINISTRATION OF THE COUNCIL.
6.09 PERSONNEL OF THE COUNCIL.
S 6.01 DECLARATION OF POLICY.
IT IS THE POLICY OF THE STATE OF NEW YORK THAT ALL OF ITS RESIDENTS
WHO ARE MENTALLY DISABLED WILL RECEIVE SERVICES ACCORDING TO THEIR INDI-
VIDUALIZED NEEDS AND, WHENEVER FEASIBLE, IN THEIR HOME COMMUNITIES TO
ENABLE THEM TO REALIZE THEIR FULLEST POTENTIAL FOR SELF-FULFILLMENT AND
INDEPENDENT LIVING IN SOCIETY. IN ORDER TO ENSURE THAT THERE WILL BE
MAXIMUM OPPORTUNITY FOR COOPERATION AMONG THE OFFICES OF THE DEPARTMENT,
PARTICULARLY IN REFERENCE TO INDIVIDUALS WITH MULTIPLE DISABILITIES, AND
IN STATE AND LOCAL RELATIONS IN PLANNING FOR AND FUNDING SERVICES FOR
THE MULTIPLY DISABLED, THE INTER-OFFICE COORDINATING COUNCIL IS APPRO-
PRIATELY ESTABLISHED, ACCORDING TO THE PROVISIONS OF THIS CHAPTER, WITH-
IN THE DEPARTMENT. THE ESTABLISHMENT OF THE COUNCIL IS DESIGNED TO
PROVIDE THE GOVERNMENTAL FRAMEWORK WITHIN WHICH AVAILABLE RESOURCES WILL
BE MORE EFFECTIVELY BROUGHT TO BEAR IN PROVIDING CARE AND TREATMENT FOR
THE DIFFERENT CLASSES OF DISABLED PERSONS.
S 6.03 INTER-OFFICE COORDINATING COUNCIL; SCOPE OF RESPONSIBILITIES.
(A) THE COUNCIL IS CHARGED WITH THE RESPONSIBILITY FOR ASSURING THE
DEVELOPMENT OF COMPREHENSIVE PLANS, PROGRAMS AND SERVICES IN THE AREAS
OF RESEARCH, CARE, TREATMENT, REHABILITATION, EDUCATION AND TRAINING OF
THE MULTIPLY DISABLED. SUCH PLANS, PROGRAMS AND SERVICES SHALL BE DEVEL-
OPED WITH THE COOPERATION OF THE OFFICES OF THE DEPARTMENT WHERE APPRO-
PRIATE, LOCAL GOVERNMENTS, CONSUMERS, FAMILY MEMBERS, AND COMMUNITY
ORGANIZATIONS AND AGENCIES.
(B) THE COUNCIL SHALL ADVISE AND ASSIST THE GOVERNOR IN DEVELOPING
POLICIES DESIGNED TO MEET THE NEEDS OF THE MULTIPLY DISABLED AND TO
ENCOURAGE THEIR FULL PARTICIPATION IN SOCIETY.
(C) THE COUNCIL SHALL HAVE THE RESPONSIBILITY FOR ENSURING THAT MULTI-
PLY DISABLED PERSONS ARE PROVIDED WITH CARE, TREATMENT AND REHABILI-
TATION, AND THAT SUCH CARE, TREATMENT AND REHABILITATION IS OF HIGH
QUALITY AND EFFECTIVENESS, AND THAT THE PERSONAL AND CIVIL RIGHTS OF
PERSONS RECEIVING SUCH CARE, TREATMENT AND REHABILITATION SERVICES ARE
ADEQUATELY PROTECTED.
(D) THE COUNCIL SHALL FOSTER PROGRAMS FOR THE TRAINING AND DEVELOPMENT
OF PERSONS CAPABLE OF PROVIDING THE FOREGOING SERVICES IN COOPERATION
WITH THE OFFICES OF THE DEPARTMENT.
(E) THE COUNCIL SHALL COLLECT DATA AND SUBMIT A REPORT, ON OR BEFORE
DECEMBER FIRST, TWO THOUSAND ELEVEN AND ANNUALLY THEREAFTER, ON MULTIPLY
DISABLED PERSONS WITH REGARD TO THE EXACT NATURE OF THE DISABILITIES OF
EACH PERSON. SUCH REPORT SHALL INCLUDE THE ELIGIBILITY STANDARDS FROM
THE OFFICES OF THE DEPARTMENT RESPONSIBLE FOR PROVIDING SERVICES TO SUCH
PERSONS.
(F) THE COUNCIL SHALL ENSURE THAT A LIST OF CURRENT INITIATIVES
BETWEEN THE STATE AGENCIES BE AVAILABLE TO ASSIST PERSONS WITH MORE THAN
ONE DISABILITY.
A. 6976 6
S 6.05 POWERS OF THE COUNCIL AND THE CHAIRPERSON; HOW EXERCISED.
(A) THE CHAIRPERSON SHALL EXERCISE ALL THE POWERS VESTED IN THE COUN-
CIL. THE CHAIRPERSON MAY DELEGATE ANY FUNCTION, POWER OR DUTY ASSIGNED
TO HIM OR HER OR THE COUNCIL TO AN OFFICE OF THE DEPARTMENT UNLESS
OTHERWISE PROVIDED BY LAW. THE CHAIRPERSON MAY ENTER INTO AGREEMENTS
WITH THE COMMISSIONERS OF THE DEPARTMENT TO ENSURE THAT PROGRAMS AND
SERVICES ARE PROVIDED FOR THE MULTIPLY DISABLED.
(B) THE CHAIRPERSON MAY ADOPT REGULATIONS NECESSARY AND PROPER TO
IMPLEMENT ANY MATTER UNDER THE JURISDICTION OF THE COUNCIL. PROPOSED
RULES AND REGULATIONS SHALL BE SUBMITTED AT LEAST SIXTY DAYS PRIOR TO
ACTION THEREON TO THE COUNCIL FOR MENTAL HYGIENE PLANNING FOR ITS ADVICE
IN ACCORDANCE WITH SECTION 5.07 OF THIS TITLE, UNLESS THE CHAIRPERSON
DETERMINES THAT THE PUBLIC HEALTH, SAFETY OR GENERAL WELFARE REQUIRES
THAT SUCH SUBMISSION BE DISPENSED WITH.
S 6.07 ORGANIZATION AND ADMINISTRATION OF THE COUNCIL.
THE CHAIRPERSON MAY, WITHIN THE AMOUNTS APPROPRIATED THEREFOR, LEASE
SPACE OR FACILITIES IN WHICH SERVICES FOR THE MULTIPLY DISABLED ARE TO
BE PROVIDED. THE CHAIRPERSON MAY DELEGATE THIS AUTHORITY TO AN APPROPRI-
ATE STATE AGENCY.
S 6.09 PERSONNEL OF THE COUNCIL.
(A) THE CHAIRPERSON MAY, WITHIN THE AMOUNTS APPROPRIATED THEREFOR,
APPOINT AND REMOVE, IN ACCORDANCE WITH APPLICABLE LAW AND RULES OF THE
STATE CIVIL SERVICE COMMISSION, SUCH OFFICERS AND EMPLOYEES OF THE COUN-
CIL WHO ARE DESIGNATED MANAGERIAL OR CONFIDENTIAL PURSUANT TO ARTICLE
FOURTEEN OF THE CIVIL SERVICE LAW.
(B) THE CHAIRPERSON SHALL ESTABLISH REGULATIONS GOVERNING THE PERSON-
NEL ADMINISTRATION OF THE COUNCIL.
S 9. Subdivision (a) of section 45.09 of the mental hygiene law, as
amended by section 7 of part H of chapter 58 of the laws of 2005, is
amended to read as follows:
(a) The commission, any member or any employee designated by the chair
OF THE COMMISSION, must be granted access at any and all times to any
mental hygiene facility, or adult home or residence for adults in which
at least twenty-five percent or twenty-five residents, whichever is
less, have at any time received or are receiving services from a mental
hygiene provider which is licensed, operated or funded by the office of
mental health, or the office of mental retardation and developmental
disabilities in order to carry out the functions of the commission as
provided for by section 45.10 of this article, or part thereof, and to
all books, records, and data pertaining to any such facility deemed
necessary for carrying out the commission's functions, powers and
duties. The commission, any members or any employee designated by the
chair OF THE COMMISSION may require from the officers or employees of
such facility or from the CHAIRPERSON OR THE commissioners of the
offices of the department [of mental hygiene] or in the case of an adult
home or residence for adults, from the officers or employees of an adult
home or residence for adults or from the department of health any infor-
mation deemed necessary for the purpose of carrying out the commission's
functions, powers and duties. The commission, any member, or any employ-
ee designated by the chair OF THE COMMISSION may require from any hospi-
tal, as defined under article twenty-eight of the public health law, any
information, report or record necessary for the purpose of carrying out
the functions, powers and duties of the commission related to the inves-
tigation of deaths and complaints of abuse or mistreatment concerning
patients or former patients of mental hygiene facilities who have been
treated at such hospitals, and from any adult care facility as defined
A. 6976 7
in [paragraph] SUBDIVISION twenty-one of section two of the social
services law, such information, report or record, including access to
such facility necessary for the purpose of carrying out the functions,
powers and duties of the commission related to the investigation of
deaths, as provided for by section 45.17 of this article, concerning
patients of mental hygiene facilities who resided at such residential
care facilities at the time of their death or were former residents of
such residential care facilities and the commission determines that such
information, report or record is necessary for the completion of its
investigation. The results of investigations involving such residents
of adult care facilities shall be provided promptly to the commissioner
of [the department of] health and shall be treated as a record or
personal information within the meaning of section ninety-six of the
public officers law and shall not be disclosed except in accordance with
such section ninety-six. Information, books, records or data which are
confidential as provided by law shall be kept confidential by the
commission and by non-profit organizations receiving contracts pursuant
to subdivision (k) of section 45.07 of this article and any limitations
on the release thereof imposed by law upon the party furnishing the
information, books, records or data shall apply to the commission and
such non-profit organizations receiving contracts pursuant to subdivi-
sion (k) of section 45.07 of this article.
S 10. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided, however, that
the commissioners of the offices of the department of mental hygiene and
the person designated by the governor to exercise the powers of the
chairperson of the inter-office coordinating council are hereby imme-
diately authorized to take such actions as are necessary and proper to
prepare for an orderly transition of the functions, powers and duties
provided by this act including the preparation and submission of budget
requests for the inter-office coordinating council as established by
this act.