S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7724
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MEEKS  -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee  on  Mental
   Health
 
 AN  ACT  to  amend  the mental hygiene law and the public health law, in
   relation to providing  a  mental  hygiene  legal  service  to  certain
   patients or residents of residential health care facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 47.01 of the mental hygiene law,
 as amended by chapter 658 of the laws of 2019, is  amended  to  read  as
 follows:
   (a) There shall be a mental hygiene legal service of the state in each
 judicial  department.  The service shall provide legal SERVICES, assist-
 ance AND ADVOCACY to patients or residents of a facility as  defined  in
 section  1.03  of  this  chapter,  patients  or residents of residential
 healthcare facilities licensed and operating pursuant to  article  twen-
 ty-eight of the public health law who have been admitted directly from a
 facility as defined in section 1.03 of this chapter and who have a seri-
 ous  mental  illness as defined in section 1.03 of this chapter [and are
 receiving services related to such  illness],  or  any  other  place  or
 facility  which is required to have an operating certificate pursuant to
 article sixteen or thirty-one of this chapter, and to persons alleged to
 be in need of care and treatment in such facilities or  places,  and  to
 persons  entitled to such legal assistance as provided by article ten of
 this chapter. The head of such service in each judicial  department  and
 such  assistants  and  such staff as may be necessary shall be appointed
 and may be removed by the presiding justice of the appellate division of
 the judicial department. Appointments and transfers to the service shall
 comply with the provisions of the civil service law. Standards for qual-
 ifications of the personnel in the service shall be established  by  the
 presiding  justice of the appellate division of the judicial department.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10268-01-1

 A. 7724                             2
 
 The presiding justice of the appellate division of the judicial  depart-
 ment  shall  promulgate such rules or regulations as may be necessary to
 effectuate the purposes of this article.
   §  2. Section 47.03 of the mental hygiene law, as added by chapter 789
 of the laws of 1985, subdivision (c) as amended by chapter  408  of  the
 laws of 1999, subdivisions (d) and (e) as amended and subdivision (f) as
 added by chapter 7 of the laws of 2007, is amended to read as follows:
 § 47.03 Functions, powers and duties of the service.
   The  mental  hygiene  legal service in each judicial department of the
 state shall perform the following duties:
   (a) To study and review the admission and retention of all patients or
 residents which shall include a review of the willingness of the patient
 or resident to remain in his or her status and the determination of  the
 facility  director  as to suitability of such status, as provided for by
 this chapter;
   (b) To inform patients or  residents  and,  in  proper  cases,  others
 interested  in  such  persons'  welfare  of procedures for admission and
 retention and of the patients' or  residents'  right  to  have  judicial
 hearing  and  review,  to  be  represented by legal counsel, and to seek
 independent medical opinion;
   (c) To provide  legal  services  [and],  assistance  AND  ADVOCACY  to
 patients  or  residents  and  their  families  related to the admission,
 retention, and care and treatment of  such  persons,  to  provide  legal
 services and assistance to subjects of a petition or patients subject to
 section 9.60 of this chapter, and to inform patients or residents, their
 families  and,  in  proper  cases, others interested in the patients' or
 residents' welfare of the availability of other  legal  resources  which
 may  be  of assistance in matters not directly related to the admission,
 retention, and care and treatment of such patients or residents;
   (d) TO PROVIDE LEGAL SERVICES, ASSISTANCE AND ADVOCACY TO PATIENTS  OR
 RESIDENTS  OF  RESIDENTIAL  HEALTH CARE FACILITIES LICENSED OR OPERATING
 PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW WHO HAVE  BEEN
 ADMITTED  DIRECTLY  FROM  A  FACILITY AS DEFINED IN SECTION 1.03 OF THIS
 CHAPTER AND WHO HAVE A SERIOUS MENTAL ILLNESS AS DEFINED IN SECTION 1.03
 OF THIS CHAPTER;
   (E) To be granted access at any and all times to any facility or place
 or part thereof described in subdivision (a) of section  47.01  of  this
 article,  and  to  all  books,  records  and data pertaining to any such
 facility or place deemed  necessary  for  carrying  out  its  functions,
 powers and duties. The mental hygiene legal service may require from the
 officers  or  employees of such facility or place any information deemed
 necessary for the purpose  of  carrying  out  the  service's  functions,
 powers  and duties. Information, books, records or data which are confi-
 dential and any limitations on the release thereof imposed by  law  upon
 the party furnishing the information, books, records or data shall apply
 to   the   service.  Provided,  however,  whenever  federal  regulations
 restrict, or as a condition of  federal  aid  require  that  a  facility
 restrict  the release of information contained in the clinical record of
 a patient or client, or restrict disclosure of the identity of a patient
 or access to that patient, to a greater extent  than  is  allowed  under
 this  section,  the provisions of such federal law or federal regulation
 shall be controlling;
   [(e)] (F) To initiate and take any legal action  deemed  necessary  to
 safeguard  the right of any patient or resident OF A FACILITY AS DEFINED
 IN SECTION 1.03 OF THIS CHAPTER, OR PATIENTS OR RESIDENTS OF RESIDENTIAL
 HEALTH CARE FACILITIES LICENSED AND OPERATING PURSUANT TO ARTICLE  TWEN-

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 TY-EIGHT  OF  THE PUBLIC HEALTH LAW WHO HAVE BEEN ADMITTED TO SUCH RESI-
 DENTIAL HEALTH CARE FACILITY DIRECTLY FROM  A  FACILITY  AS  DEFINED  IN
 SECTION  1.03  OF  THIS CHAPTER AND WHO HAVE A SERIOUS MENTAL ILLNESS AS
 DEFINED  IN  SECTION  1.03  OF  THIS CHAPTER to protection from abuse or
 mistreatment, which may include investigation into any such  allegations
 of abuse or mistreatment of any such patient or resident; and
   [(f)]  (G) To provide legal services and assistance in accordance with
 article ten of this chapter.
   § 3. Subdivision (c) of section 47.03 of the mental  hygiene  law,  as
 added by chapter 789 of the laws of 1985, is amended to read as follows:
   (c)  To  provide  legal  services  [and],  assistance  AND ADVOCACY to
 patients or residents and  their  families  related  to  the  admission,
 retention,  and  care  and  treatment  of  such  persons,  and to inform
 patients or residents, their  families  and,  in  proper  cases,  others
 interested in the patients' or residents' welfare of the availability of
 other legal resources which may be of assistance in matters not directly
 related  to  the  admission,  retention,  and care and treatment of such
 patients or residents;
   § 4. Section 29.13 of the mental hygiene law, as added by chapter  332
 of  the  laws  of 1976, subdivision (b) as amended by chapter 135 of the
 laws of 1993, is amended to read as follows:
 § 29.13 Treatment plans.
   (a) Subject to the regulations of the commissioner,  the  director  of
 each  departmental  facility  shall require the development of a written
 treatment plan to assure adequate care and treatment for each patient.
   (b) The written treatment plan shall include, but not be limited to, a
 statement of treatment goals; appropriate programs, treatment or  thera-
 pies  to  be undertaken to meet such goals; and a specific timetable for
 assessment of patient programs as well as for periodic mental and  phys-
 ical  reexaminations. In causing such a plan to be prepared or when such
 a plan is to be revised,  THE  PATIENT  SHALL  BE  ADVISED  OF  WHATEVER
 SERVICES MAY BE AVAILABLE TO HIM OR HER THROUGH THE MENTAL HYGIENE LEGAL
 SERVICE, INCLUDING ADVOCACY SERVICES, AND the following persons shall be
 interviewed  and provided an opportunity to actively participate in such
 preparation or revision: the patient; an  authorized  representative  of
 the patient, to include THE MENTAL HYGIENE LEGAL SERVICE, AND the parent
 or parents if the patient is a minor, unless such minor sixteen years of
 age  or  older objects to the participation of the parent or parents and
 there has been a clinical determination by a physician  indicating  that
 the  involvement  of the parent or parents is not clinically appropriate
 and such determination is documented in the record; upon the request  of
 the  patient  sixteen years of age or older, a significant individual to
 the patient including THE MENTAL HYGIENE LEGAL SERVICE AND any relative,
 close friend or individual otherwise concerned with the welfare  of  the
 patient, other than an employee of the facility.
   §  5.  Section  29.15 of the mental hygiene law is amended by adding a
 new subdivision (o) to read as follows:
   (O) IT SHALL BE THE RESPONSIBILITY OF THE DIRECTOR OF  ANY  DEPARTMENT
 FACILITY  OR THE CHIEF ADMINISTRATOR OF ANY FACILITY PROVIDING INPATIENT
 SERVICES SUBJECT TO LICENSURE BY THE OFFICE OF MENTAL HEALTH  TO  NOTIFY
 THE MENTAL HYGIENE LEGAL SERVICE WHEN A PATIENT WHO HAS A SERIOUS MENTAL
 ILLNESS,  AS  DEFINED  IN SECTION 1.03 OF THIS CHAPTER, AND IS RECEIVING
 SERVICES RELATED TO SUCH ILLNESS IS ABOUT TO BE DISCHARGED TO A RESIDEN-
 TIAL HEALTH CARE FACILITY LICENSED AND  OPERATING  PURSUANT  TO  ARTICLE
 TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW AND TO PROVIDE THE MENTAL HYGIENE

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 LEGAL SERVICE WITH THE WRITTEN SERVICE PLAN DEVELOPED FOR SUCH PERSON AS
 REQUIRED UNDER SUBDIVISION (F) OF THIS SECTION.
   §  6.  Subdivision  3  of  section  2803-c of the public health law is
 amended by adding a new paragraph r to read as follows:
   R. IN ACCORDANCE WITH SUBDIVISION (A) OF SECTION 47.01 OF  THE  MENTAL
 HYGIENE  LAW,  NO FACILITY SHALL RESTRICT OR PROHIBIT THE MENTAL HYGIENE
 LEGAL SERVICE OPERATING PURSUANT TO ARTICLE FORTY-SEVEN  OF  THE  MENTAL
 HYGIENE  LAW  FROM  ACCESS  TO  PATIENTS  OR THEIR RECORDS WHO HAVE BEEN
 ADMITTED TO THE FACILITY DIRECTLY FROM A FACILITY AS DEFINED BY  SECTION
 1.03  OF  THE  MENTAL HYGIENE LAW AND WHO HAVE A SERIOUS MENTAL ILLNESS.
 DISCLOSURE OF RECORDS TO THE MENTAL HYGIENE LEGAL SERVICE SHALL NOT GIVE
 RISE TO ANY CLAIMS AGAINST THE FACILITY, ITS  STAFF,  OR  THE  PATIENT'S
 PHYSICIAN BASED SOLELY ON THE FACT OF SUCH DISCLOSURE PURSUANT TO STATU-
 TORY AUTHORIZATION.
   §  7.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision (c) of section 47.03 of the mental hygiene
 law made by section two of this act shall not affect the repeal of  such
 subdivision  pursuant  to section 18 of chapter 408 of the laws of 1999,
 as amended, when upon such date the provisions of section three of  this
 act  shall  take  effect. Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized and directed to be made
 and completed on or before such effective date.