New York Consolidated Laws

N.Y. Mental Hygiene Law § 7.17 (2026)

Programs, services, and operation of facilities in the office of mental health

✓ current as of May 2026
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§ 7.17 Programs, services, and operation of facilities in the office of
         mental health.
  (a) The commissioner shall establish policy and procedures for the
organization, administration, and operation of the facilities under his
jurisdiction. He shall make provision for the effective rendition of
services to patients by such facilities.
  (b) There shall be in the office the hospitals named below for the
care, treatment and rehabilitation of persons with mental illness and
for research and teaching in the science and skills required for the
care, treatment and rehabilitation of such persons with mental illness.
  Greater Binghamton Health Center
  Bronx Psychiatric Center
  Buffalo Psychiatric Center
  Capital District Psychiatric Center
  Central New York Psychiatric Center
  Creedmoor Psychiatric Center
  Elmira Psychiatric Center
  Kingsboro Psychiatric Center
  Kirby Forensic Psychiatric Center
  Manhattan Psychiatric Center
  Mid-Hudson Forensic Psychiatric Center
  Mohawk Valley Psychiatric Center
  Nathan S. Kline Institute for Psychiatric Research
  New York State Psychiatric Institute
  Pilgrim Psychiatric Center
  Richard H. Hutchings Psychiatric Center
  Rochester Psychiatric Center
  Rockland Psychiatric Center
  St. Lawrence Psychiatric Center
  South Beach Psychiatric Center
  New York City Children's Center
  Rockland Children's Psychiatric Center
  Sagamore Children's Psychiatric Center
  Western New York Children's Psychiatric Center
  The New York State Psychiatric Institute and The Nathan S. Kline
Institute for Psychiatric Research are designated as institutes for the
conduct of medical research and other scientific investigation directed
towards furthering knowledge of the etiology, diagnosis, treatment and
prevention of mental illness.
  (c) The commissioner shall establish the areas which each facility
under his jurisdiction shall serve and the categories of patients which
each such facility shall receive, retain, or treat.
  (d) The commissioner may permit the other offices of the department
and any public or private non-profit organization or political
subdivision of the state to operate programs for the mentally disabled
not inconsistent with the programs and objectives of the department, in
any facility under his jurisdiction. The commissioner may permit any
facility under his jurisdiction to operate programs for the mentally
disabled, not inconsistent with the programs and objectives of the
department, under contracts or agreements with other offices within the
department.
  (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-operated 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. 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 strategies 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. 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. 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
Psychiatric Center, Willard Psychiatric Center and Manhattan Children's
Psychiatric Center; and
  4. 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.
  * (f) (1) The commissioner shall appoint program coordinators of
assisted outpatient treatment, who shall be responsible for the
oversight and monitoring of assisted outpatient treatment programs
established pursuant to section 9.60 of this chapter. Directors of
community services of local governmental units shall work in conjunction
with such program coordinators to coordinate the implementation of
assisted outpatient treatment programs.
  (2) The oversight and monitoring role of the program coordinator of
the assisted outpatient treatment program shall include each of the
following:
  (i) that each assisted outpatient receives the treatment provided for
in the court order issued pursuant to section 9.60 of this chapter;
  (ii) that existing services located in the assisted outpatient's
community are utilized whenever practicable;
  (iii) that a case manager or assertive community treatment team is
designated for each assisted outpatient;
  (iv) that a mechanism exists for such case manager, or assertive
community treatment team, to regularly report the assisted outpatient's
compliance, or lack of compliance with treatment, to the director of the
assisted outpatient treatment program;
  (v) that directors of community services establish procedures which
provide that reports of persons who may be in need of assisted
outpatient treatment are appropriately investigated in a timely manner;
and
  (vi) that assisted outpatient treatment services are delivered in a
timely manner.
  (3) The commissioner shall develop standards designed to ensure that
case managers or assertive community treatment teams have appropriate
training and have clinically manageable caseloads designed to provide
effective case management or other care coordination services for
persons subject to a court order under section 9.60 of this chapter.
  (4) Upon review or receiving notice that services are not being
delivered in a timely manner, the program coordinator shall require the
director of such assisted outpatient treatment program to immediately
commence corrective action and inform the program coordinator of such
corrective action. Failure of a director to take corrective action shall
be reported by the program coordinator to the commissioner of mental
health, as well as to the court which ordered the assisted outpatient
treatment.
  * NB Repealed June 30, 2027
  (g) The commissioner, in cooperation with any other state agency or
relevant stakeholder, shall identify information and training programs
relating to the diagnosis and treatment of post-traumatic stress
disorder for military veterans, including but not limited to, trainings
developed using funds received from the state of New York, and publish
such information and links to relevant training programs on the office's
website. The identified information and training programs shall include
a component on military culture competency and shall be intended for use
by mental health providers and mental health clinicians.
Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1985–2025 · leading case: MacCharulo v. Gould, 643 F. Supp. 2d 587 (S.D.N.Y. 2009).
MacCharulo v. Gould, 643 F. Supp. 2d 587 (S.D.N.Y. 2009). “eration with the commissioner of [OMH], shall establish programs in such correctional facilities as he may deem appropriate for the treat *595 ment of mentally ill inmates confined in state correctional facilities who are in need of psychiatric services but who do not require…”
Grant v. New York State Off. of Mental Health, 169 Misc. 2d 896 (N.Y. Sup. Ct. 1996). · cites it 16× “They seek to enjoin the defendants from implementing a significant service reduction by a significant reduction in staffing or services and enjoining the defendants from taking any further action to close the facility upon the grounds that defendants failed to comply with Mental…”
Spano v. Novello, 13 A.D.3d 1006 (N.Y. App. Div. 2004). “” This section has no applicability here as the patients are all between the ages of 21 and 64 and neither provider is a state hospital for the mentally disabled (see Mental Hygiene Law § 7.17 [b]). Likewise, Social Services Law § 368-a (1) (b), in relevant part, provides that…”
Greenwood v. State of New York, 939 F. Supp. 1060 (S.D.N.Y. 1996). “1981) (applying the Eleventh Amendment to Dunlap Manhattan Psychiatric Center, a facility within the New York State Department of Mental Hygiene); N.Y. Mental Hyg. Law § 7.17 (a), (b) (establishing MPC as a hospital within OMH whose “organization, administration, and operation”…”
Civil Serv. Employees Ass'n v. New York State Off. of Mental Health, 244 A.D.2d 206 (N.Y. App. Div. 1997). · cites it 3× “), entered on or about August 9, 1996, which granted plaintiffs’ motion for a preliminary injunction preventing defendants from implementing any further staff reductions at Manhattan and Creedmoor Psychiatric Centers based upon defendants’ failure to give plaintiffs at least 12…”
Shea v. New York State Off. of Mental Health, 233 A.D.2d 925 (N.Y. App. Div. 1996). · cites it 2× “Mental Hygiene Law § 7.17 (e) does not prohibit injunctive relief when the notice provisions of Mental Hygiene Law § 7.”
Civil Serv. Employees Ass'n v. New York State Off. of Mental Health, 245 A.D.2d 836 (N.Y. App. Div. 1997). · cites it 2× “Defendants cross-moved to dismiss the complaint. Supreme Court denied defendants’ cross motion in its entirety and granted plaintiffs motion for a preliminary injunction.”
In re Lucas QQ, 146 A.D.3d 92 (N.Y. App. Div. 2016). “On October 1, 2015, respondent, a 24-year-old graduate student, was involuntarily admitted to the Greater Bingham-ton Health Center (hereinafter GBHC), a psychiatric hospital operated by the Office of Mental Health (hereinafter OMH) (see Mental Hygiene Law §§ 7.17, 9.37).…”
Prof'l Charter Servs., Inc. v. State, 166 Misc. 2d 306 (1995). “From the papers, it appears that in 1991 claimant and Kingsboro Psychiatric Center (Kingsboro), a facility owned and operated by the State of New York (see, Mental Hygiene Law § 7.17), entered into a contract pursuant to which claimant was to provide bus service to Kingsboro.”
State ex rel. Harkavy v. Consilvio, 34 A.D.3d 67 (N.Y. App. Div. 2006). “The Mental Hygiene Law makes no distinction between secure and nonsecure facilities for purposes of Mental Hygiene Law article 9 commitments because it applies to all “hospitals.”
Quigley v. New York State Off. of Mental Health, 247 A.D.2d 528 (N.Y. App. Div. 1998). · cites it 4× “In an action, inter alia, for a judgment declaring that the defendants must comply with the 12-month notice provisions of Mental Hygiene Law § 7.17 (e) (3) before implementing significant service reductions at Pilgrim Psychiatric Center, the defendants appeal from an order of…”
Mental Health Info. Servs. v. Schenectady Cnty. Dep't of Soc. Servs., 128 Misc. 2d 282 (N.Y. Sup. Ct. 1985). “*284 CDPC is a hospital facility located in the City of Albany, New York, and is one of the hospitals within the jurisdiction of the Office of Mental Health (Mental Hygiene Law § 7.17). MHIS was created by statute in 1964.”
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