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This entry was published on 2014-09-22
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SECTION 41.17
State and local coordination
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 41
§ 41.17 State and local coordination.

Each commissioner of an office in the department, consistent with the
goals and objectives established by the advisory council of such office
in cooperation with the New York state conference of local mental
hygiene directors and providers of service including directors of
hospital based mental health services, directors of community mental
health centers, and voluntary agencies, shall:

(a) Within five years from the effective date of this chapter:

1. develop standards for admissions to all facilities for the care of
the mentally ill, mentally retarded and developmentally disabled, and
those suffering from the disease of alcoholism, alcohol abuse, substance
abuse or substance dependence consistent with the requirements of
articles nine, fifteen and twenty-one of this chapter taking into
account characteristics of clients and providers;

2. develop standards for discharges from all facilities for the care
of the mentally ill, mentally retarded and developmentally disabled, and
those suffering from the disease of alcoholism, alcohol abuse, substance
abuse or substance dependence taking into account the availability and
adequacy of community residential and treatment services and the rights
of the patient;

3. develop and recommend to the governor and legislature procedures
giving local governmental units the opportunity to review all proposed
admissions of residents of the local government to facilities in the
department, consistent with the requirements of articles nine, fifteen
and twenty-one of this chapter. The purpose of such review shall be to
determine whether alternative community-based services are available or
can be made available to such residents;

4. develop and recommend to the governor and legislature procedures
giving local governmental units the opportunity to propose discharges
and review proposed discharges and placements of residents of the local
government from facilities of the department to programs in the
community consistent with the requirements of articles nine, fifteen and
twenty-one of this chapter;

5. develop and implement a uniform assessment, evaluation and
reporting system as required by section 31.01 of this chapter;

6. develop allocable per patient rates for departmental facility
programming and facility maintenance and support as required by section
43.01 of this chapter;

7. examine and develop in consultation with the recognized
representative of employees of the offices of the department and
recommend to the governor and legislature appropriate programs addressed
to the labor and employment issues resulting from contraction of state
operated services with such programs to be designed to provide
opportunities for the retraining and continuation of employment of
persons currently employed in the state mental hygiene department.

(b) Report to the governor and the legislature by March first of each
year, on the progress made toward the implementation of the requirements
specified by subdivision (a) of this section.