Amd §7.17, add §13.18, Ment Hyg L; amd §501, Exec L
Requires legislative approval for the closure of certain office of mental health, office for people with developmental disabilities or office of children and family services facilities and institutions.
STATE OF NEW YORK
________________________________________________________________________
10464
IN ASSEMBLY
May 27, 2016
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Mental Health
AN ACT to amend the mental hygiene law and the executive law, in
relation to requiring legislative approval for the closure of certain
office of mental health, office of people with developmental disabili-
ties or office of children and family services facilities and insti-
tutions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (e) of section 7.17 of the mental hygiene law,
2 as amended by chapter 723 of the laws of 1993, paragraph 1 as amended by
3 chapter 170 of the laws of 1994, paragraph 3 as amended by chapter 83 of
4 the laws of 1995, is amended to read as follows:
5 (e) In the event that the plan for state and local mental health
6 services, developed in accordance with subdivision (b) of this section,
7 determines that significant service reductions are anticipated for a
8 particular state-operated hospital or its catchment area, or a state-op-
9 erated research institute, the commissioner shall take the following
10 actions[, provided nothing in this subdivision shall create a basis for
11 enjoining any otherwise lawful service reductions]:
12 1. submit a written report to the legislature at least three hundred
13 sixty-five days prior to the date the office is seeking closure of any
14 facility or institution. Such report shall include justification for the
15 proposed closure. The legislature may require any additional information
16 or data that it deems necessary in such report. If the legislature, or
17 the appropriate committees thereof, upon review of the report submitted
18 to it by the office, finds that the proposed closure is not justified
19 then closure shall not occur until approved by a majority vote of each
20 house of the legislature.
21 2. confer with the department of civil service, the governor's office
22 of employee relations and any other state agency to develop strategies
23 which attempt to minimize the impact on the state workforce by providing
24 assistance in obtaining state employment in state-operated community-
25 based services or other employment opportunities, and to develop strate-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14968-01-6
A. 10464 2
1 gies for the development of necessary retraining and redeployment
2 programs. In planning such strategies, the commissioner shall provide
3 for the participation of the representatives of the employee labor
4 organizations and for the participation of managerial and confidential
5 employees to ensure continuity of employment;
6 [2.] 3. consult with the department of economic development and any
7 other appropriate state agencies to develop strategies which attempt to
8 minimize the impact of such significant service reductions on the local
9 and regional economies;
10 [3.] 4. provide for a mechanism which may reasonably be expected to
11 provide notice to local governments, community organizations, employee
12 labor organizations, managerial and confidential employees, consumer and
13 advocacy groups of the potential for significant service reductions at
14 such state-operated hospitals and state-operated research institutes at
15 least twelve months prior to commencing such service reduction,
16 provided, however, that this requirement shall be deemed satisfied with
17 respect to reductions at Central Islip Psychiatric Center, Gowanda
18 Psychiatric Center, Harlem Valley Psychiatric Center, Kings Park Psychi-
19 atric Center, Willard Psychiatric Center and Manhattan Children's
20 Psychiatric Center; and
21 [4.] 5. consult with the office of general services and any other
22 appropriate state agency in developing a mechanism for determining
23 alternative uses for land and buildings to be vacated by the office of
24 mental health. Such a mechanism should include a review of other
25 programs or state agencies that could feasibly expand their operations
26 onto a state-operated hospital campus and are compatible with health,
27 safety and programmatic needs of patients served in such facilities.
28 § 2. The mental hygiene law is amended by adding a new section 13.18
29 to read as follows:
30 § 13.18 Closure of facilities.
31 The commissioner shall submit a written report to the legislature at
32 least three hundred sixty-five days prior to the date the office is
33 seeking closure of any facility or institution. Such report shall
34 include justification for the proposed closure. The legislature may
35 require any additional information or data that it deems necessary in
36 such report. If the legislature, or the appropriate committees thereof,
37 upon review of the report submitted to it by the office, finds that the
38 proposed closure is not justified then closure shall not occur until
39 approved by a majority vote of each house of the legislature.
40 § 3. Subdivision 15 of section 501 of the executive law, as amended by
41 section 1 of part H of chapter 58 of the laws of 2006, is amended to
42 read as follows:
43 15. In the event that the office of children and family services
44 determines that significant service reductions, public employee staffing
45 reductions and/or the transfer of operations to a private or not-for-
46 profit entity are anticipated in the office of children and family
47 services long term planning process or for a particular facility in a
48 future year, to take the following actions:
49 (a) submit a written report to the legislature at least three hundred
50 sixty-five days prior to the date the office of children and family
51 services is seeking closure of any secure or limited secure facility.
52 Such report shall include justification for the proposed closure. The
53 legislature may require any additional information or data that it deems
54 necessary in such report. If the legislature, or the appropriate commit-
55 tees thereof, upon review of the report submitted to it by the office of
56 children and family services, finds that the proposed closure is not
A. 10464 3
1 justified then closure shall not occur until approved by a majority vote
2 of each house of the legislature.
3 (b) confer with the department of civil service, the governor's office
4 of employee relations and any other state agency to develop strategies
5 which attempt to minimize the impact on the state workforce by providing
6 assistance in obtaining state employment in state-operated community-
7 based services or other employment opportunities, and to develop strate-
8 gies for the development of necessary retraining and redeployment
9 programs. In planning such strategies, the commissioner of the office of
10 children and family services shall provide for the participation of the
11 representatives of the employee labor organizations and for the partic-
12 ipation of managerial and confidential employees to ensure continuity of
13 employment;
14 [(b)] (c) consult with the department of economic development and any
15 other appropriate state agencies to develop strategies which attempt to
16 minimize the impact of such significant service reductions, public
17 employee staffing reductions and/or the transfer of operations to a
18 private or not-for-profit entity on the local and regional economies;
19 [(c)] (d) provide for a mechanism which may reasonably be expected to
20 provide notice to local governments, community organizations, employee
21 labor organizations, managerial and confidential employees, consumer and
22 advocacy groups of the potential for significant service reductions,
23 public employee staffing reductions and/or the transfer of operations to
24 a private or not-for-profit entity at such state-operated facilities, at
25 least twelve months prior to commencing such service reduction; and
26 [(d)] (e) consult with the office of general services and any other
27 appropriate state agency in developing a mechanism for determining
28 alternative uses for land and buildings to be vacated by the office of
29 children and family services. Such a mechanism should include a review
30 of other programs or state agencies that could feasibly expand their
31 operations onto a state-operated campus and are compatible with health,
32 safety and programmatic needs of persons served in such facilities.
33 § 4. Severability. If any clause, sentence, paragraph, section or part
34 of this act shall be adjudged by any court of competent jurisdiction to
35 be invalid, such judgment shall not affect, impair or invalidate the
36 remainder thereof, but shall be confined in its operation to the clause,
37 sentence, paragraph, section or part thereof directly involved in the
38 controversy in which such judgment shall have been rendered.
39 § 5. This act shall take effect on the thirtieth day after it shall
40 have become a law. Effective immediately, the addition, amendment and/or
41 repeal of any rule or regulation necessary for the implementation of
42 this act on its effective date are authorized to be made and completed
43 on or before such effective date.
