S T A T E   O F   N E W   Y O R K
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                                  1765--A
     Cal. No. 196
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2021
                                ___________
 
 Introduced  by Sens. MANNION, AKSHAR, BIAGGI, BROUK, GALLIVAN, GAUGHRAN,
   HELMING, HINCHEY, JORDAN, MARTUCCI, REICHLIN-MELNICK, SERINO,  SKOUFIS
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee on Disabilities -- reported favorably from said commit-
   tee, ordered to first and second report, ordered to a  third  reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 13.18 to read as follows:
 § 13.18 CLOSURE OR SUSPENSION OF SERVICES OF FACILITIES.
   THE  COMMISSIONER  SHALL SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT
 LEAST THREE HUNDRED SIXTY-FIVE DAYS PRIOR TO  THE  DATE  THE  OFFICE  IS
 SEEKING  CLOSURE  OR  SUSPENSION OF SERVICES OF ANY FACILITY OR INSTITU-
 TION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:  (1)  JUSTIFICA-
 TION FOR THE PROPOSED CLOSURE OR SUSPENSION OF SERVICES; (2) INFORMATION
 ON  THE  FISCAL  YEAR  BUDGETED  STAFFING LEVELS; (3) INFORMATION ON THE
 CURRENT STAFFING LEVELS BY  POSITION  OR  TITLE;  (4)  INFORMATION  BOTH
 STATEWIDE  AND  ON  A  REGIONAL  BASIS REGARDING: (A) HOW MANY FULL TIME
 EQUIVALENT POSITIONS HAVE BEEN BUDGETED FOR;  (B)  HOW  MANY  FULL  TIME
 EQUIVALENT POSITIONS HAVE BEEN FILLED; (C) HOW MANY FULL TIME EQUIVALENT
 VACANCIES  EXIST;  AND  (D)  WAITING  LISTS  FOR INDIVIDUALS ELIGIBLE TO
 RECEIVE CARE IN A RESIDENTIAL SETTING; AND (5) STEPS TAKEN BY THE AGENCY
 TO RECRUIT STAFF FOR NEW AND VACANT POSITIONS.   SUCH  REPORT  SHALL  BE
 SUBMITTED  TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02802-11-1

 S. 1765--A                          2
 
 THE SENATE AND SHALL BE PUBLISHED ON THE OFFICE'S WEBSITE ON A QUARTERLY
 BASIS. THE LEGISLATURE MAY REQUIRE ANY ADDITIONAL  INFORMATION  OR  DATA
 THAT IT DEEMS NECESSARY IN SUCH REPORT.
   §  2.  Subdivision  (e)  of section 7.17 of the mental hygiene law, as
 amended by chapter 723 of the laws of 1993, paragraph 1  as  amended  by
 chapter 170 of the laws of 1994, paragraph 3 as amended by chapter 83 of
 the laws of 1995, is amended to read as follows:
   (e)  In  the  event  that  the  plan for state and local mental health
 services, developed in accordance with subdivision (b) of this  section,
 determines  that  significant  service  reductions are anticipated for a
 particular state-operated hospital or its catchment area, or a state-op-
 erated research institute, the commissioner  shall  take  the  following
 actions[,  provided nothing in this subdivision shall create a basis for
 enjoining any otherwise lawful service reductions]:
   1.  SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT LEAST THREE  HUNDRED
 SIXTY-FIVE  DAYS  PRIOR  TO  THE  DATE  THE OFFICE IS SEEKING CLOSURE OR
 SUSPENSION OF SERVICES OF ANY FACILITY OR INSTITUTION. SUCH REPORT SHALL
 INCLUDE, BUT NOT BE LIMITED  TO:  (1)  JUSTIFICATION  FOR  THE  PROPOSED
 CLOSURE  OR  SUSPENSION  OF SERVICES; (2) INFORMATION ON THE FISCAL YEAR
 BUDGETED STAFFING LEVELS; (3) INFORMATION ON THE CURRENT STAFFING LEVELS
 BY POSITION OR TITLE; (4) INFORMATION BOTH STATEWIDE AND ON  A  REGIONAL
 BASIS  REGARDING:  (A) HOW MANY FULL TIME EQUIVALENT POSITIONS HAVE BEEN
 BUDGETED FOR; (B) HOW MANY FULL  TIME  EQUIVALENT  POSITIONS  HAVE  BEEN
 FILLED; (C) HOW MANY FULL TIME EQUIVALENT VACANCIES EXIST; AND (D) WAIT-
 ING  LISTS  FOR  INDIVIDUALS  ELIGIBLE  TO RECEIVE CARE IN A RESIDENTIAL
 SETTING; AND (5) STEPS TAKEN BY THE AGENCY TO RECRUIT STAFF FOR NEW  AND
 VACANT  POSITIONS.  SUCH REPORT SHALL BE SUBMITTED TO THE SPEAKER OF THE
 ASSEMBLY AND  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  SHALL  BE
 PUBLISHED  ON  THE OFFICE'S WEBSITE  ON A QUARTERLY BASIS.  THE LEGISLA-
 TURE MAY REQUIRE ANY ADDITIONAL INFORMATION OR DATA THAT IT DEEMS NECES-
 SARY IN SUCH REPORT.
   2. confer with the department of civil service, the governor's  office
 of  employee  relations and any other state agency to develop strategies
 which attempt to minimize the impact on the state workforce by providing
 assistance in obtaining state employment  in  state-operated  community-
 based services or other employment opportunities, and to develop strate-
 gies  for  the  development  of  necessary  retraining  and redeployment
 programs. In planning such strategies, the  commissioner  shall  provide
 for  the  participation  of  the  representatives  of the employee labor
 organizations and for the participation of managerial  and  confidential
 employees to ensure continuity of employment;
   [2.]  3.  consult  with the department of economic development and any
 other appropriate state agencies to develop strategies which attempt  to
 minimize  the impact of such significant service reductions on the local
 and regional economies;
   [3.] 4. provide for a mechanism which may reasonably  be  expected  to
 provide  notice  to local governments, community organizations, employee
 labor organizations, managerial and confidential employees, consumer and
 advocacy groups of the potential for significant service  reductions  at
 such  state-operated hospitals and state-operated research institutes at
 least  twelve  months  prior  to  commencing  such  service   reduction,
 provided,  however, that this requirement shall be deemed satisfied with
 respect to reductions  at  Central  Islip  Psychiatric  Center,  Gowanda
 Psychiatric Center, Harlem Valley Psychiatric Center, Kings Park Psychi-
 atric  Center,  Willard  Psychiatric  Center  and  Manhattan  Children's
 Psychiatric Center; and

 S. 1765--A                          3
 
   [4.] 5. consult with the office of  general  services  and  any  other
 appropriate  state  agency  in  developing  a  mechanism for determining
 alternative uses for land and buildings to be vacated by the  office  of
 mental  health.    Such  a  mechanism  should  include a review of other
 programs  or  state agencies that could feasibly expand their operations
 onto a state-operated hospital campus and are  compatible  with  health,
 safety and programmatic needs of patients served in such facilities.
   § 3. Subdivision 15 of section 501 of the executive law, as amended by
 section  1  of  part  H of chapter 58 of the laws of 2006, is amended to
 read as follows:
   15. In the event that the  office  of  children  and  family  services
 determines that significant service reductions, public employee staffing
 reductions  and/or  the  transfer of operations to a private or not-for-
 profit entity are anticipated in  the  office  of  children  and  family
 services  long  term  planning process or for a particular facility in a
 future year, to take the following actions:
   (a) SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT LEAST THREE  HUNDRED
 SIXTY-FIVE  DAYS  PRIOR  TO  THE  DATE THE OFFICE OF CHILDREN AND FAMILY
 SERVICES IS SEEKING CLOSURE OR SUSPENSION OF SERVICES OF ANY  SECURE  OR
 LIMITED  SECURE  FACILITY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
 TO:  (1)  JUSTIFICATION  FOR  THE  PROPOSED  CLOSURE  OR  SUSPENSION  OF
 SERVICES;  (2)  INFORMATION ON THE FISCAL YEAR BUDGETED STAFFING LEVELS;
 (3) INFORMATION ON THE CURRENT STAFFING LEVELS BY POSITION OR TITLE; (4)
 INFORMATION BOTH STATEWIDE AND ON A REGIONAL BASIS  REGARDING:  (A)  HOW
 MANY FULL TIME EQUIVALENT POSITIONS HAVE BEEN BUDGETED FOR; (B) HOW MANY
 FULL  TIME EQUIVALENT POSITIONS HAVE BEEN FILLED; (C) HOW MANY FULL TIME
 EQUIVALENT VACANCIES EXIST; AND (D) WAITING LISTS FOR INDIVIDUALS ELIGI-
 BLE TO RECEIVE CARE IN A RESIDENTIAL SETTING; AND (5) STEPS TAKEN BY THE
 AGENCY TO RECRUIT STAFF FOR NEW AND VACANT POSITIONS.  SUCH REPORT SHALL
 BE SUBMITTED TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY  PRESIDENT
 OF  THE SENATE AND SHALL BE PUBLISHED ON THE OFFICE'S WEBSITE ON A QUAR-
 TERLY BASIS. THE LEGISLATURE MAY REQUIRE ANY ADDITIONAL  INFORMATION  OR
 DATA THAT IT DEEMS NECESSARY IN SUCH REPORT.
   (B) confer with the department of civil service, the governor's office
 of  employee  relations and any other state agency to develop strategies
 which attempt to minimize the impact on the state workforce by providing
 assistance in obtaining state employment  in  state-operated  community-
 based services or other employment opportunities, and to develop strate-
 gies  for  the  development  of  necessary  retraining  and redeployment
 programs. In planning such strategies, the commissioner of the office of
 children and family services shall provide for the participation of  the
 representatives  of the employee labor organizations and for the partic-
 ipation of managerial and confidential employees to ensure continuity of
 employment;
   [(b)] (C) consult with the department of economic development and  any
 other  appropriate state agencies to develop strategies which attempt to
 minimize the impact  of  such  significant  service  reductions,  public
 employee  staffing  reductions  and/or  the  transfer of operations to a
 private or not-for-profit entity on the local and regional economies;
   [(c)] (D) provide for a mechanism which may reasonably be expected  to
 provide  notice  to local governments, community organizations, employee
 labor organizations, managerial and confidential employees, consumer and
 advocacy groups of the potential  for  significant  service  reductions,
 public employee staffing reductions and/or the transfer of operations to
 a private or not-for-profit entity at such state-operated facilities, at
 least twelve months prior to commencing such service reduction; and

 S. 1765--A                          4
 
   [(d)]  (E)  consult  with the office of general services and any other
 appropriate state agency  in  developing  a  mechanism  for  determining
 alternative  uses  for land and buildings to be vacated by the office of
 children and family services. Such a mechanism should include  a  review
 of  other  programs  or  state agencies that could feasibly expand their
 operations onto a state-operated campus and are compatible with  health,
 safety and programmatic needs of persons served in such facilities.
   § 4. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid, such judgment shall not affect,  impair  or  invalidate  the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence,  paragraph,  section  or part thereof directly involved in the
 controversy in which such judgment shall have been rendered.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.