N.Y. Laws » CHAPTER Mental Hygiene / TITLE Organization of Department of Mental Hygiene / ARTICLE Department of Mental Hygiene
New York Consolidated Laws

N.Y. Mental Hygiene Law § 5.01 (2026)

Department of mental hygiene

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 5.01 Department of mental hygiene.
  There shall continue to be in the state government a department of
mental hygiene. Within the department there shall be the following
autonomous offices:
  (1) office of mental health;
  (2) office for people with developmental disabilities;
  (3) office of addiction services and supports.
Notes of Decisions
Cited in 5 cases, 1980–2016 · leading case: Yapalater v. Bates, 494 F. Supp. 1349 (S.D.N.Y. 1980).
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Yapalater v. Bates, 494 F. Supp. 1349 (S.D.N.Y. 1980). “See Mental Hygiene Law § 5.01 et seq. (McKinney 1978 and 1979-80 Supp.”
T. D. v. New York State Off. of Mental Health, 165 Misc. 2d 62 (N.Y. Sup. Ct. 1995). “The Department of Mental Hygiene is an agency of New York State that is composed of three autonomous offices: (1) the defendant Office cf Mental Health; (2) the Office of Mental Retardation and Developmental Disabilities; and (3) the Office of Alcohol and Substance Abuse (Mental…”
In re Lucas QQ, 146 A.D.3d 92 (N.Y. App. Div. 3d Dep't 2016). “As for the records, we recognize that OMH facilities are authorized to secure clinical records that are needed to treat a patient from any OMH or federal facility (see Mental Hygiene Law §§ 5.01, 33.13 [c] [12]; [d]; see also 45 CFR 164.”
In re Lucas QQ, 146 A.D.3d 92 (N.Y. App. Div. 3d Dep't 2016). “As for the records, we recognize that OMH facilities are authorized to secure clinical records that are needed to treat a patient from any OMH or federal facility (see Mental Hygiene Law §§ 5.01, 33.13 [c] [12]; [d]; see also 45 CFR 164.”
Mental Hygiene Legal Serv. v. Lambert, 231 A.D.2d 613 (N.Y. App. Div. 2d Dep't 1996). “OMH, which is charged with the treatment of the mentally ill, and OMRDD, which is charged with the treatment of the mentally retarded and developmentally disabled, are independent offices (see, Mental Hygiene Law § 5.01). The Commissioner of each office is charged with…”
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