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A00117 Summary:

BILL NOA00117C
 
SAME ASSAME AS S01765-A
 
SPONSORGunther
 
COSPNSRRamos, Lupardo, Abinanti, Wallace, Palmesano, O'Donnell, Lawler, Dickens, Barron, Ashby
 
MLTSPNSRBraunstein
 
Amd §7.17, add §13.18, Ment Hyg L; amd §501, Exec L
 
Relates to the closure of certain office of mental health, office for people with developmental disabilities or office of children and family services facilities and institutions.
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A00117 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         117--C
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  GUNTHER,  RAMOS, LUPARDO, ABINANTI, WALLACE,
          PALMESANO, O'DONNELL, LAWLER -- Multi-Sponsored by -- M. of A.  BRAUN-
          STEIN  --  read once and referred to the Committee on Mental Health --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said  committee -- again reported from said committee
          with amendments, ordered reprinted as amended and recommitted to  said
          committee  --  again  reported  from  said  committee with amendments,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the  mental  hygiene  law  and  the  executive  law,  in
          relation to the closure or suspension of services of certain office of
          mental  health,  office  for people with developmental disabilities or
          office of children and family services facilities and institutions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The mental hygiene law is amended by adding a new section
     2  13.18 to read as follows:
     3  § 13.18 Closure or suspension of services of facilities.
     4    The commissioner shall submit a written report to the  legislature  at
     5  least  three  hundred  sixty-five  days  prior to the date the office is
     6  seeking closure or suspension of services of any  facility  or  institu-
     7  tion.  Such  report shall include, but not be limited to: (1) justifica-
     8  tion for the proposed closure or suspension of services; (2) information
     9  on the fiscal year budgeted staffing  levels;  (3)  information  on  the
    10  current  staffing  levels  by  position  or  title; (4) information both
    11  statewide and on a regional basis regarding:  (a)  how  many  full  time
    12  equivalent  positions  have  been  budgeted  for; (b) how many full time
    13  equivalent positions have been filled; (c) how many full time equivalent
    14  vacancies exist; and (d)  waiting  lists  for  individuals  eligible  to
    15  receive care in a residential setting; and (5) steps taken by the agency
    16  to  recruit  staff  for  new and vacant positions.  Such report shall be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02802-10-1

        A. 117--C                           2
 
     1  submitted to the speaker of the assembly and the temporary president  of
     2  the senate and shall be published on the office's website on a quarterly
     3  basis.  The  legislature  may require any additional information or data
     4  that it deems necessary in such report.
     5    §  2.  Subdivision  (e)  of section 7.17 of the mental hygiene law, as
     6  amended by chapter 723 of the laws of 1993, paragraph 1  as  amended  by
     7  chapter 170 of the laws of 1994, paragraph 3 as amended by chapter 83 of
     8  the laws of 1995, is amended to read as follows:
     9    (e)  In  the  event  that  the  plan for state and local mental health
    10  services, developed in accordance with subdivision (b) of this  section,
    11  determines  that  significant  service  reductions are anticipated for a
    12  particular state-operated hospital or its catchment area, or a state-op-
    13  erated research institute, the commissioner  shall  take  the  following
    14  actions[,  provided nothing in this subdivision shall create a basis for
    15  enjoining any otherwise lawful service reductions]:
    16    1.  submit a written report to the legislature at least three  hundred
    17  sixty-five  days  prior  to  the  date  the office is seeking closure or
    18  suspension of services of any facility or institution. Such report shall
    19  include, but not be limited  to:  (1)  justification  for  the  proposed
    20  closure  or  suspension  of services; (2) information on the fiscal year
    21  budgeted staffing levels; (3) information on the current staffing levels
    22  by position or title; (4) information both statewide and on  a  regional
    23  basis  regarding:  (a) how many full time equivalent positions have been
    24  budgeted for; (b) how many full  time  equivalent  positions  have  been
    25  filled; (c) how many full time equivalent vacancies exist; and (d) wait-
    26  ing  lists  for  individuals  eligible  to receive care in a residential
    27  setting; and (5) steps taken by the agency to recruit staff for new  and
    28  vacant  positions.  Such report shall be submitted to the speaker of the
    29  assembly and  the  temporary  president  of  the  senate  and  shall  be
    30  published  on  the office's website  on a quarterly basis.  The legisla-
    31  ture may require any additional information or data that it deems neces-
    32  sary in such report.
    33    2. confer with the department of civil service, the governor's  office
    34  of  employee  relations and any other state agency to develop strategies
    35  which attempt to minimize the impact on the state workforce by providing
    36  assistance in obtaining state employment  in  state-operated  community-
    37  based services or other employment opportunities, and to develop strate-
    38  gies  for  the  development  of  necessary  retraining  and redeployment
    39  programs. In planning such strategies, the  commissioner  shall  provide
    40  for  the  participation  of  the  representatives  of the employee labor
    41  organizations and for the participation of managerial  and  confidential
    42  employees to ensure continuity of employment;
    43    [2.]  3.  consult  with the department of economic development and any
    44  other appropriate state agencies to develop strategies which attempt  to
    45  minimize  the impact of such significant service reductions on the local
    46  and regional economies;
    47    [3.] 4. provide for a mechanism which may reasonably  be  expected  to
    48  provide  notice  to local governments, community organizations, employee
    49  labor organizations, managerial and confidential employees, consumer and
    50  advocacy groups of the potential for significant service  reductions  at
    51  such  state-operated hospitals and state-operated research institutes at
    52  least  twelve  months  prior  to  commencing  such  service   reduction,
    53  provided,  however, that this requirement shall be deemed satisfied with
    54  respect to reductions  at  Central  Islip  Psychiatric  Center,  Gowanda
    55  Psychiatric Center, Harlem Valley Psychiatric Center, Kings Park Psychi-

        A. 117--C                           3
 
     1  atric  Center,  Willard  Psychiatric  Center  and  Manhattan  Children's
     2  Psychiatric Center; and
     3    [4.]  5.  consult  with  the  office of general services and any other
     4  appropriate state agency  in  developing  a  mechanism  for  determining
     5  alternative  uses  for land and buildings to be vacated by the office of
     6  mental health.   Such a mechanism  should  include  a  review  of  other
     7  programs  or  state agencies that could feasibly expand their operations
     8  onto a state-operated hospital campus and are  compatible  with  health,
     9  safety and programmatic needs of patients served in such facilities.
    10    § 3. Subdivision 15 of section 501 of the executive law, as amended by
    11  section  1  of  part  H of chapter 58 of the laws of 2006, is amended to
    12  read as follows:
    13    15. In the event that the  office  of  children  and  family  services
    14  determines that significant service reductions, public employee staffing
    15  reductions  and/or  the  transfer of operations to a private or not-for-
    16  profit entity are anticipated in  the  office  of  children  and  family
    17  services  long  term  planning process or for a particular facility in a
    18  future year, to take the following actions:
    19    (a) submit a written report to the legislature at least three  hundred
    20  sixty-five  days  prior  to  the  date the office of children and family
    21  services is seeking closure or suspension of services of any  secure  or
    22  limited  secure  facility. Such report shall include, but not be limited
    23  to:  (1)  justification  for  the  proposed  closure  or  suspension  of
    24  services;  (2)  information on the fiscal year budgeted staffing levels;
    25  (3) information on the current staffing levels by position or title; (4)
    26  information both statewide and on a regional basis  regarding:  (a)  how
    27  many full time equivalent positions have been budgeted for; (b) how many
    28  full  time equivalent positions have been filled; (c) how many full time
    29  equivalent vacancies exist; and (d) waiting lists for individuals eligi-
    30  ble to receive care in a residential setting; and (5) steps taken by the
    31  agency to recruit staff for new and vacant positions.  Such report shall
    32  be submitted to the speaker of the assembly and the temporary  president
    33  of  the senate and shall be published on the office's website on a quar-
    34  terly basis. The legislature may require any additional  information  or
    35  data that it deems necessary in such report.
    36    (b) confer with the department of civil service, the governor's office
    37  of  employee  relations and any other state agency to develop strategies
    38  which attempt to minimize the impact on the state workforce by providing
    39  assistance in obtaining state employment  in  state-operated  community-
    40  based services or other employment opportunities, and to develop strate-
    41  gies  for  the  development  of  necessary  retraining  and redeployment
    42  programs. In planning such strategies, the commissioner of the office of
    43  children and family services shall provide for the participation of  the
    44  representatives  of the employee labor organizations and for the partic-
    45  ipation of managerial and confidential employees to ensure continuity of
    46  employment;
    47    [(b)] (c) consult with the department of economic development and  any
    48  other  appropriate state agencies to develop strategies which attempt to
    49  minimize the impact  of  such  significant  service  reductions,  public
    50  employee  staffing  reductions  and/or  the  transfer of operations to a
    51  private or not-for-profit entity on the local and regional economies;
    52    [(c)] (d) provide for a mechanism which may reasonably be expected  to
    53  provide  notice  to local governments, community organizations, employee
    54  labor organizations, managerial and confidential employees, consumer and
    55  advocacy groups of the potential  for  significant  service  reductions,
    56  public employee staffing reductions and/or the transfer of operations to

        A. 117--C                           4
 
     1  a private or not-for-profit entity at such state-operated facilities, at
     2  least twelve months prior to commencing such service reduction; and
     3    [(d)]  (e)  consult  with the office of general services and any other
     4  appropriate state agency  in  developing  a  mechanism  for  determining
     5  alternative  uses  for land and buildings to be vacated by the office of
     6  children and family services. Such a mechanism should include  a  review
     7  of  other  programs  or  state agencies that could feasibly expand their
     8  operations onto a state-operated campus and are compatible with  health,
     9  safety and programmatic needs of persons served in such facilities.
    10    § 4. Severability. If any clause, sentence, paragraph, section or part
    11  of  this act shall be adjudged by any court of competent jurisdiction to
    12  be invalid, such judgment shall not affect,  impair  or  invalidate  the
    13  remainder thereof, but shall be confined in its operation to the clause,
    14  sentence,  paragraph,  section  or part thereof directly involved in the
    15  controversy in which such judgment shall have been rendered.
    16    § 5. This act shall take effect on the thirtieth day  after  it  shall
    17  have become a law. Effective immediately, the addition, amendment and/or
    18  repeal  of  any  rule  or regulation necessary for the implementation of
    19  this act on its effective date are authorized to be made  and  completed
    20  on or before such effective date.
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