N.Y. Mental Hygiene Law Section 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, developmentally disabled, and those suffering from the disease of alcoholism, alcohol abuse, substance abuse or substance dependence consistent with the requirements of articles nine and fifteen 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, 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.

Source: Section 41.17 — State and local coordination, https://www.­nysenate.­gov/legislation/laws/MHY/41.­17 (updated Jul. 29, 2022; accessed Apr. 20, 2024).

41.01
Declaration of purpose 41.03
Definitions 41.04
Responsibilities of commissioners of the offices 41.05
Local governmental unit 41.07
Provision of services by the local governmental unit 41.09
Director 41.10
State conference of local mental hygiene directors 41.11
Composition of boards 41.13
Powers and duties of local governmental units 41.15
Approved plans and state aid 41.16
Local planning 41.17
State and local coordination 41.18
Local services plan 41.24
Study on alternative to net deficit funding 41.25
Fees 41.27
State aid procedures 41.29
Liability of local government 41.31
Publication of records 41.32
Transitional provisions for local assistance funding of federally funded demonstration projects for treatment of alcoholics 41.33
Community residences for the mentally disabled 41.34
Site selection of community residential facilities 41.35
Demonstration programs 41.36
Community residential facilities 41.37
Community residence and residential treatment facility for children and youth development grants 41.38
Rental and mortgage payments of community residential facilities for the mentally ill 41.39
Vocational programs 41.40
Small community residential facilities 41.40*2
Respite services 41.41
Rights of persons with developmental disabilities 41.42
Family support programs 41.43
Family support services 41.44
Community residential services for the mentally ill 41.45
Development grants for residential care centers for adults 41.46
Disclosure by members, officers and employees 41.47
Community support services program 41.48
Real property acquisition options 41.49
Adolescent suicide prevention program 41.49*2
Community based mental health services for seriously emotionally disturbed children 41.50
Development grants for comprehensive psychiatric emergency programs 41.51
State aid for costs of comprehensive psychiatric emergency programs 41.52
Community residential services for alcoholism 41.53
Community residence development grants for alcoholism services 41.54
Roles and responsibilities of certain board members 41.54*2
Employee assistance programs 41.55
Community mental health support and workforce reinvestment program 41.57
Compulsive gambling education and treatment program
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Last modified:
Jul. 29, 2022

§ 41.17’s source at nysenate​.gov

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