§ 5.06 — Behavioral health services advisory council

New York § 5.06

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title A: Organization of Department of Mental Hygiene
• Art. 5: Department of Mental Hygiene

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§ 5.06 Behavioral health services advisory council.\n (a) There is hereby created within the department a behavioral health\nservices advisory council, the purpose of which shall be to advise the\noffices of mental health and addiction services and supports on matters\nrelating to the provision of behavioral health services; issues of joint\nconcern to the offices, including the integration of various behavioral\nhealth services and the integration of behavioral health services with\nhealth services; issues related to the delivery of behavioral health\nservices that are responsive to local, state and federal concerns; and\nissues related to treatment disparities and treatment equity, as defined\nin section 19.45 of this chapter. The council shall consist of the\ncommissioners of mental health and of addiction services and supports,\nwho shall not have the right to vote, the chair of the conference of\nlocal mental hygiene directors or his or her designee, and thirty-two\nmembers appointed by the governor, upon the advice and consent of the\nsenate. Members shall be appointed only if they have professional\nknowledge in the care of persons receiving behavioral health services,\nor an active interest in the behavioral health services system.\n (b) The governor shall designate one of the members of the council as\nchair. At least one-half of the members of the council shall not be\nproviders of behavioral health services. Membership shall reflect a\nbalanced representation of persons with interests in mental health and\nsubstance use disorder services and shall include:\n (1) at least five current or former consumers of behavioral health\nservices;\n (2) at least three individuals who are parents or relatives of current\nor former consumers of behavioral health services;\n (3) at least three members who are not providers of behavioral health\nservices and who represent non-governmental organizations, such as\nnot-for-profit entities representing health or behavioral health care\nemployees, private payors of behavioral health services, or other\norganizations concerned with the provision of behavioral health\nservices;\n (4) at least five representatives of providers of services to persons\nwith mental illness and at least five representatives of providers of\nservices to persons with substance use disorders, at least two of whom\nshall be physicians and at least one of whom shall have provided\nservices to veterans who served in a combat theater or combat zone of\noperations;\n (5) one member appointed on the recommendation of the state\ncommissioner of the department of veterans' services and one member\nappointed on the recommendation of the adjutant general of the division\nof military and naval affairs, at least one of whom shall be a current\nor former consumer of mental health services or substance use disorder\nservices who is a veteran who has served in a combat theater or combat\nzone of operations and is a member of a veterans organization;\n (6) at least three representatives of local governments or other state\nand local agencies concerned with the provision of behavioral health\nservices;\n (7) at least two members who are also members of the public health and\nhealth planning council pursuant to section two hundred twenty of the\npublic health law; and\n (8) at least four members that have expertise in issues facing\nvulnerable populations, as defined in section 19.45 of this chapter, who\nare receiving or seeking to receive substance use disorder services. Of\nsuch members, one member shall be appointed by the governor at the\nrecommendation of the temporary president of the senate, one member\nshall be appointed by the governor at the recommendation of the minority\nleader of the senate, one member shall be appointed by the governor at\nthe recommendation of the speaker of the assembly and one member shall\nbe appointed by the governor at the recommendation of the minority\nleader of the assembly.\n (c) Members shall be appointed for terms of three years provided,\nhowever, that of the members first appointed, one-third shall be\nappointed for one year terms and one-third shall be appointed for two\nyear terms. Vacancies shall be filled in the same manner as original\nappointments for the remainder of any unexpired term. No person shall be\nan appointed member of the council for more than six years in any period\nof twelve consecutive years.\n (d) The council shall meet at least four times in each full calendar\nyear. The council shall meet at the request of its chair or either\ncommissioner.\n (e) The council shall establish such committees as it deems necessary\nto address the service needs of special populations and to address\nparticular subjects of importance in the development and management of\nbehavioral health services. Provided however, the council shall\nestablish a committee to specifically focus on substance use disorder\ntreatment disparities that may exist for vulnerable populations, as\ndefined in section 19.45 of this chapter.\n (f) The council may consider any matter relating to the improvement of\nbehavioral health services in the state and shall advise the\ncommissioners on any such matter, including, but not limited to:\n (1) care and services to persons with behavioral health disorders,\nincluding special and underserved populations as determined by the\ncommissioner;\n (2) financing behavioral health services;\n (3) integration of behavioral health services with health services;\n (4) care and services for persons with co-occurring disorders or\nmultiple disabilities;\n (5) prevention of behavioral health disorders;\n (6) improvement of care in state operated or community based programs,\nrecruitment, education and training of qualified direct care personnel,\nand protection of the interests of employees affected by adjustments in\nthe behavioral health service system; and\n (7) ways to achieve treatment equity, as defined in section 19.45 of\nthis chapter.\n (g) The council shall, in cooperation with the commissioners,\nestablish statewide goals and objectives for services to persons with\nbehavioral health disorders, pursuant to section 5.07 of this article.\n (h) (1) The council shall review the portion of the statewide plan to\nbe developed and updated annually by the commissioners pursuant to\nsection 5.07 of this article, and report its recommendations thereon to\nthe commissioners.\n (2) The council shall review any mental health or substance use\ncomponent of statewide health plans developed in accordance with any\napplicable federal law, and shall report its recommendations thereon to\nthe commissioners.\n (i) The council shall review applications filed in accordance with:\n (1) section 31.22 of this chapter for approval of incorporation or\nestablishment of a facility, and section 31.23 of this chapter for\napproval of the construction of a facility for which approval from the\ncommissioner of mental health is required; and\n (2) section 32.29 or 32.31 of this chapter for approval of\nincorporation or establishment or construction of a facility for which\napproval to operate is required from the commissioner of alcoholism and\nsubstance abuse services pursuant to article thirty-two of this chapter,\nand as otherwise requested by such commissioner;\n (j) The council shall be notified of, and may review at its\ndiscretion, any closure of a hospital or ward thereof operated by the\noffice of mental health or office of alcoholism and substance abuse\nservices, and may issue recommendations pertaining to issues including\ncommunity reinvestment and continuity of care. All such recommendations\nshall be provided to the relevant commissioner or commissioners, the\ntemporary president of the senate and the speaker of the assembly.\n (k) At least sixty days prior to the commissioners' final approval of\nrules and regulations under their respective jurisdiction, other than\nemergency rules and regulations and regulations promulgated pursuant to\nsection 43.01 of this chapter, the commissioners shall submit such\nproposed rules and regulations to the council for its review. The\ncouncil shall review all proposed rules and regulations and report its\nrecommendations thereon to the commissioners within sixty days. The\ncommissioner having statutory jurisdiction over the proposed rule or\nregulation shall not act in a manner inconsistent with the\nrecommendations of the council without first appearing before the\ncouncil to report the reasons therefor. The council, upon a majority\nvote of its members, may require that an alternative approach to the\nproposed rules and regulations be published with the notice of the\nproposed rules and regulations pursuant to section two hundred two of\nthe state administrative procedure act. When an alternative approach is\npublished pursuant to this section, the commissioner having statutory\njurisdiction of the subject proposed rule or regulation shall state the\nreasons for not selecting such alternative approach.\n (l) The council, by a majority vote of its members, may propose rules\nand regulations on any matter within the regulatory jurisdiction of the\noffices of mental health or alcoholism and substance abuse services,\nother than establishment of fee schedules pursuant to section 43.01 of\nthis chapter, and forward such proposed rules and regulations to both\ncommissioners for review and consideration; provided, however, that only\nthe approval of the commissioner with statutory jurisdiction of the\nproposed rule or regulation shall be required. Prior to such\ncommissioner's final approval and promulgation of such proposed rules\nand regulations, if such rules and regulations are modified in any\nrespect, they shall be submitted to the council pursuant to subdivision\n(k) of this section. If such commissioner determines not to promulgate\nsuch proposed rules and regulations, the commissioner shall appear\nbefore the council to report the reasons therefor.\n (m) The members of the council shall receive no compensation for their\nservices but shall be reimbursed for expenses actually and necessarily\nincurred in the performance of their duties.\n (n) The commissioners, upon request of the council, shall designate\none or more officers or employees from either or both offices to provide\nadministrative support services to the council, and may assign from time\nto time such other employees as the council may request.\n (o) No civil action shall be brought in any court against any member\nof the behavioral health services advisory council for any act done,\nfailure to act, or statement or opinion made, while discharging his or\nher duties as a member of the council, without leave from a justice of\nthe supreme court, first had and obtained. In any event, such member\nshall not be liable for damages in any such action if he or she acted in\ngood faith, with reasonable care and upon probable cause. Members of the\ncouncil shall be considered public officers for the purposes of section\nseventeen of the public officers law.\n (p) The council may establish written bylaws.\n