a. When used in this chapter, the following terms have the following meanings:
Mentally disabled. The term "mentally disabled" means those with mental illness, developmental disability, or addiction disorder, as these terms are defined in section 1.03 of the mental hygiene law, or those with intellectual disability; or any other mental illness or mental condition placed under the jurisdiction of the department by the mayor.
Provider of services. The term "provider of services" means an individual, association, corporation or public or private agency which provides for the mentally disabled.
Services for the mentally disabled. The term "services for the mentally disabled" means examination, diagnosis, care, treatment, rehabilitation, training, education, research, preventive services, referral, residential services or domiciliary care of or for the mentally disabled, not specifically limited by any other law.
b. Notwithstanding the foregoing, planning and programs for persons with substance dependence or chemical dependence shall be conducted by the department, and the department may act as a "local agency" to conduct substance abuse programs and seek reimbursement therefore pursuant to provisions of the mental hygiene law relating to funding for substance abuse services, as deemed appropriate by the commissioner in recognition of the programs currently administered by the New York state office of alcoholism and substance abuse services or its successor agency under article 19 of the mental hygiene law.
(Am. L.L. 2022/014, 1/9/2022, eff. 1/9/2022)
a. There shall be a department of health and mental hygiene, the head of which shall be the commissioner of health and mental hygiene who shall be appointed by the mayor. The department shall have and exercise all powers of a local health department set forth in law. Notwithstanding any other provision of this charter to the contrary, the department shall be a social services district for purposes of the administration of health-related public assistance programs to the extent agreed upon by the department, the department of social services and the department of homeless services. Appropriations to the department for mental health, intellectual and developmental disability, and alcoholism services shall be set forth in the expense budget in separate and distinct units of appropriation. In determining the annual amount of city funds to be appropriated by the city for mental health, intellectual and developmental disability, and alcoholism services, the following provision shall apply: in the event that the executive budget proposes a decrease in city funds measured against the budget for the current fiscal year, as modified in accordance with section 107, for the units of appropriation for mental health, intellectual and developmental disability, and alcoholism services, the executive budget shall not propose a greater percentage decrease in city funds measured against the budget for the current fiscal year, as modified in accordance with section 107, for the units of appropriation for mental health, intellectual and developmental disability, and alcoholism services than has been proposed for the units of appropriation for public health services. If, however, in his or her discretion, the mayor determines that it is in the city's best interest to submit an executive budget at variance with the requirements of this provision, the mayor shall include an explanation of the basis for this variation as part of the budget message.
b. The commissioner shall be a doctor of medicine and:
(1) hold a degree of master of public health or a degree of master of business administration with concentration in the health field or a degree of master of public administration with concentration in the health field or the equivalent of any one of the specified foregoing degrees received from a college or university and have had at least five years' experience in college or university public health teaching, or
(2) have had at least five years' experience in public health administration.
(Am. L.L. 2022/014, 1/9/2022, eff. 1/9/2022)
The commissioner may appoint deputy commissioners, one of whom shall have the same qualifications as the commissioner. There shall be at least two executive deputy commissioners, one of whom shall have the qualifications established pursuant to the mental hygiene law for a director of community services of a local governmental unit, and shall be the director within the department of the division of mental hygiene services. Such division shall be and shall exercise the powers of a local governmental unit for purposes of the mental hygiene law, and the executive deputy commissioner heading such division shall have the powers of a director of community services of a local governmental unit as set forth in or pursuant to such law, and shall report directly to the commissioner. In the exercise of such powers, such executive deputy commissioner shall coordinate the fiscal and programmatic administration of contracts awarded by the department for mental health, intellectual and developmental disability, and alcoholism services.
(Am. L.L. 2022/014, 1/9/2022, eff. 1/9/2022)
a. There shall be in the department a board of health, the chairperson of which shall be the commissioner. In addition to the chairperson, the board shall consist of ten members, five of whom shall be doctors of medicine who shall each have had not less than ten years experience in any or all of the following: clinical medicine, neurology or psychiatry, public health administration or college or university public health teaching. The other five members need not be physicians. However, non-physician members shall hold at least a masters degree in environmental, biological, veterinary, physical, or behavioral health or science, or rehabilitative science or in a related field, and shall have at least ten years experience in the field in which they hold such degree. One member of the board shall be the chairperson of the mental hygiene advisory board, as set forth in section 568 of the charter, provided that such chairperson shall meet the requirements for board membership of either a physician or non-physician member.
b. The nine members other than the chairperson and the member who shall be the chairperson of the mental hygiene advisory board shall serve without compensation and shall be appointed by the mayor, each for a term of six years, commencing at the expiration of the terms of the present incumbents. In case of a vacancy the mayor shall appoint a member to serve for the unexpired term.
c. The commissioner shall designate employees of the department as may be necessary to the service of the board including an employee designated by him to serve as the secretary of the board.
A member of the board of health other than the chairman may be removed by the mayor on proof of official misconduct or of negligence in official duties or of conduct in any manner connected with his official duties which tends to discredit his office, or of mental or physical inability to perform his duties; provided that prior to removal he shall receive a copy of the charges and shall be entitled to a hearing before the mayor and to the assistance of counsel at such hearing.
a. The commissioner shall have all the powers and duties vested in him or in the department by this chapter or otherwise, except those vested by law in the board of health and the chief medical examiner. In the performance of his functions, the commissioner shall have, in addition to such others as may be conferred upon him from time to time, the power and duty to:
(1) Prepare and submit to appropriate governmental authorities short term, intermediate and long range plans and programs designed to meet the said needs of the city, including the needs for construction and operation of medical and health care facilities, and establish priorities among them, except that the commissioner may not construct or operate a new medical or health care facility until the health systems agency having jurisdiction over the institution, as recognized by the state health planning council, has received, in the case of private institutions, a copy of the application filed with the commissioner, or in the case of institutions of the city of New York, information in such form and detail as the health systems agency shall require, and it shall have given the commissioner a written decision expressing its approval or disapproval. The commissioner shall not be bound by this decision but he shall not approve any construction, addition or modification contrary to the health systems agency without first holding a public hearing. In reaching decisions pursuant to this paragraph, the commissioner and the health systems agency shall consider:
(a) The public need for the existence of the new institution or the construction, addition or modification of an existing institution at the time and place and under the circumstances proposed;
(b) The character, competence and standing in the community of the owners and licensees, in the case of private institutions;
(c) The financial resources of the institution and its sources of future revenues;
(d) The fitness and adequacy of the premises, and equipment, personnel and standards of care to be used in the operation of the proposed institution;
(e) Any decision of the local community board, on the institution in the community; and
(f) Such matters as each of them considers pertinent.
(2) [Repealed.]
b. In the exercise of the commissioner's functions, powers and duties the commissioner may:
(1) Compel the attendance of witnesses, administer oaths and compel the production of books, papers and documents in any matter or proceeding before the commissioner.
(2) Except as otherwise provided by law, assess any penalty prescribed for a violation of or a failure to comply with any provision of this chapter or any lawful notice, order or regulation pursuant thereto, not exceeding one thousand dollars, which penalty may be assessed after a hearing or an opportunity to be heard.
(Am. L.L. 2022/014, 1/9/2022, eff. 1/9/2022)
Loading...