N.Y. Laws » CHAPTER Mental Hygiene / TITLE General Provisions / ARTICLE Mental Hygiene Legal Service
New York Consolidated Laws

N.Y. Mental Hygiene Law § 47.03 (2026)

Functions, powers and duties of the service

✓ current as of May 2026
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§ 47.03 Functions, powers and duties of the service.
  The mental hygiene legal service in each judicial department of the
state shall perform the following duties:
  (a) To study and review the admission and retention of all patients or
residents which shall include a review of the willingness of the patient
or resident to remain in his or her status and the determination of the
facility director as to suitability of such status, as provided for by
this chapter;
  (b) To inform patients or residents and, in proper cases, others
interested in such persons' welfare of procedures for admission and
retention and of the patients' or residents' right to have judicial
hearing and review, to be represented by legal counsel, and to seek
independent medical opinion;
  * (c) To provide legal services and assistance to patients or
residents and their families related to the admission, retention, and
care and treatment of such persons, to provide legal services and
assistance to subjects of a petition or patients subject to section 9.60
of this chapter, and to inform patients or residents, their families
and, in proper cases, others interested in the patients' or residents'
welfare of the availability of other legal resources which may be of
assistance in matters not directly related to the admission, retention,
and care and treatment of such patients or residents;
  * NB Effective until June 30, 2027
  * (c) To provide legal services and assistance to patients or
residents and their families related to the admission, retention, and
care and treatment of such persons, and to inform patients or residents,
their families and, in proper cases, others interested in the patients'
or residents' welfare of the availability of other legal resources which
may be of assistance in matters not directly related to the admission,
retention, and care and treatment of such patients or residents;
  * NB Effective June 30, 2027
  (d) To be granted access at any and all times to any facility or place
or part thereof described in subdivision (a) of section 47.01 of this
article, and to all books, records and data pertaining to any such
facility or place deemed necessary for carrying out its functions,
powers and duties. The mental hygiene legal service may require from the
officers or employees of such facility or place any information deemed
necessary for the purpose of carrying out the service's functions,
powers and duties. Information, books, records or data which are
confidential and any limitations on the release thereof imposed by law
upon the party furnishing the information, books, records or data shall
apply to the service. Provided, however, whenever federal regulations
restrict, or as a condition of federal aid require that a facility
restrict the release of information contained in the clinical record of
a patient or client, or restrict disclosure of the identity of a patient
or access to that patient, to a greater extent than is allowed under
this section, the provisions of such federal law or federal regulation
shall be controlling;
  (e) To initiate and take any legal action deemed necessary to
safeguard the right of any patient or resident to protection from abuse
or mistreatment, which may include investigation into any such
allegations of abuse or mistreatment of any such patient or resident;
and
  (f) To provide legal services and assistance in accordance with
article ten of this chapter.
Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1987–2022 · leading case: Joseph S. v. Hogan, 561 F. Supp. 2d 280 (E.D.N.Y 2008).
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Joseph S. v. Hogan, 561 F. Supp. 2d 280 (E.D.N.Y 2008). · cites it 2× “MHLS has the following statutory responsibilities relevant to this action: “[t]o study and review the admission and retention of all patients or residents,” to provide legal services to its constituents “related to the admission, retention, and care and treatment” of patients or…”
Mental Hygiene Legal Serv. v. Cuomo, 13 F. Supp. 3d 289 (S.D.N.Y. 2014). · cites it 5× “N.Y. Mental Hyg. Law § 47.03 . Indeed Plaintiffs own characterization of its role, which largely tracks the language in N.”
Horowitz v. Fallon, 2022 NY Slip Op 02460 (N.Y. App. Div. 2022). · cites it 4× “MHLS is an agency tasked with, among other things, "provid[ing] legal services and assistance to patients or residents and their families related to the admission, retention, and care and treatment of such persons" (Mental Hygiene Law § 47.03 [c]) and "tak[ing] any legal action…”
Mental Hygiene Legal Serv. v. Maul, 36 A.D.3d 1133 (N.Y. App. Div. 2007). · cites it 3× “Information, books, records or data which are confidential and any limitations on the release thereof imposed by law upon the party furnishing the information, books, records or data shall apply to the service” (Mental Hygiene Law § 47.03 [d]). Respondents contend that the…”
Ughetto v. Acrish, 130 A.D.2d 12 (N.Y. App. Div. 1987). “ce to patients or residents and their families related to the admission, retention, care and treatment of such persons [and] * * * "(d) [t]o be granted access at any and all times to any hospital, school or alcoholism facility or part thereof, and to all books, records and data…”
Matter of Talbot v. (Kingsboro Psychiatric Ctr.), 2021 NY Slip Op 01984 (N.Y. App. Div. 2021). “Given the undisputed access to KPC's clinical records which MHLS enjoys ( see Mental Hygiene Law § 47.03[d]), OMH's interpretation is consistent with both the purposes of the statute and the requirements of due process.”
Matter of Mental Hygiene Legal Serv. v. Sullivan, 2017 NY Slip Op 5656 (N.Y. App. Div. 2017). · cites it 6× “The statutory authority granted to MHLS explicitly recognizes the distinction between the narrow legal concerns of MHLS and the broader ones of those interested in the patient's care, making a point of directing MHLS to inform " others interested in [a patient's] welfare" of his…”
Bowles v. State, 208 A.D.2d 440 (N.Y. App. Div. 1994). “The record also reveals that while MHLS attended some proceedings, it did so on an informational basis only (see, Mental Hygiene Law § 47.03), since the claimant was represented by assigned counsel at all of the commitment proceedings.”
Hirschfeld v. Hogan, 18 Misc. 3d 531 (N.Y. Sup. Ct. 2007). “As an initial matter, the court notes that notwithstanding defendants’ assertions to the contrary, plaintiff clearly has standing to litigate the legal question at issue herein by virtue of its mandate under Mental Hygiene Law § 47.03 (a) and (c), which provide that there must…”
T. D. v. New York State Off. of Mental Health, 165 Misc. 2d 62 (N.Y. Sup. Ct. 1995). “MHLS is authorized to bring suit on behalf of individuals who are in institutions for the mentally ill in Bronx and New York Counties in order to safeguard the rights of these patients, pursuant to Mental Hygiene Law § 47.03 (e). The defendant OMH is the agency which promulgated…”
Mental Hygiene Legal Serv. v. Daniels, 55 Misc. 3d 258 (N.Y. Sup. Ct. 2016). · cites it 3× “01 (a), petitioner is charged with providing legal assistance to patients and is required “[t]o initiate and take any legal action deemed necessary to safeguard the right of any patient or resident to protection from abuse or mistreatment, which may include investigation into…”
Mental Hygiene Legal Serv. v. Maul, 10 Misc. 3d 348 (N.Y. Sup. Ct. 2005). · cites it 5× “, Director of the Mental Hygiene Legal Service (MHLS), petitions for an order requiring Thomas Maul, Commissioner of the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD), and Joseph Colarusso, Director of the Sunmount Developmental Disabilities…”
Show all 19 citing cases →
— N.Y. Mental Hygiene Law § 47.03(d) — 1 case
Matter of Mental Hygiene Legal Serv. v. Daniels, 2017 NY Slip Op 8645 (N.Y. App. Div. 2017).
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