Bill Text: NY A00117 | 2021-2022 | General Assembly | Amended
Bill Title: 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.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Introduced - Dead) 2021-06-10 - substituted by s1765a [A00117 Detail]
Download: New_York-2021-A00117-Amended.html
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. LBD02802-10-1A. 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 for15enjoining 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 toA. 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.
