New York (State). State Commission on Quality of Care for the Mentally Disabled

CURRENT FUNCTIONS. The Commission on Quality Care for the Mentally Disabled (CQC) provides independent oversight and review of the operations of state and non-state programs serving the mentally ill, the mentally retarded and developmentally disabled, as well as alcohol and substance abusers. Functions, powers and duties proceed from creating legislation (Laws of 1977, Chapter 655) and Article 45 of the Mental Hygiene Law. As mandated by state Public Law and specific federal laws, or as required as a condition of receiving related federal funding, the commission administers various state programs to protect and advocate the rights of persons with developmental disabilities, the mentally ill, and to assist those receiving or requesting rehabilitation services.

Functions include reviewing the organization and operations of the Department of Mental Hygiene to ensure uniformly high service standards; conducting systematic policy, program, and cost effectiveness studies to advise the governor and legislature on accountability of the state's mental hygiene service delivery system; establishing procedures to investigate complaints of patients, residents, and employees, including patient abuse or mistreatment, in facilities operated or licensed by the Department of Mental Hygiene; reviewing all deaths and, where appropriate, conducting investigations of unusual patient deaths occuring in mental hygiene facilities operated or licensed by the state; and providing support services, including training, orientation and assistance, to enable boards of visitors of state psychiatric and developmental centers to be effective lay overseers.

The commission also administers the protection and advocacy system for the developmentally disabled pursuant to Public Law 94-103, as amended. It is also designated by the governor to administer the federally funded Client Assistance program (CAP), to assist disabled people receiving or needing vocational rehabilitation services under the Rehabilitation Act Amendments of 1984 (Public Law 98-221); and the federally funded Protection and Advocacy for Mentally Ill Individuals program (PAMI) to investigate abuse/maltreatment in residential programs and pursue legal and administrative remedies under the PAMI Individual Act (Public Law 99-319).

ORGANIZATIONAL HISTORY. Chapter 655 of the Laws of 1977 amended the Mental Hygiene Law to create the State Commission on Quality Care for the Mentally Disabled in the Executive Department. The commission consists of three persons with "an active interest in or obtained professional knowledge in the care of the mentally disabled or in mental hygiene endeavors generally" who are appointed by the governor to a five year term. Within the commission are two advisory bodies, the Mental Hygiene Medical Review Board and the Advisory Council.

In 1977 (Chapter 655) the Mental Hygiene Medical Review Board was created to make preliminary determinations whether deaths at mental hygiene facilities are unusual, resulting from other than natural causes, or requiring investigation. Consisting of up to 15 members, including specialists in forensic pathology, psychiatry, and internal medicine, it investigates causes of such deaths, orders examination or autopsy to determine cause of death, and reports to the commission.

In 1985 (Chapter 349) the Advisory Council was formed to assist and advise the commission in developing policies, plans, and programs for improving conditions in mental hygiene facilities, and to serve as a liaison between the commission and boards of visitors. The council consists of not less than 15 members who may be members of boards of visitors, consumer representatives (including present or former patients or relatives who have received services from a mental hygiene facility), service providers, directors of psychiatric or developmental centers, or members of community service boards.

Chapter 354 of the Laws of 1985 established, on a trial basis, two Surrogate Decision-Making Committees (SDMC) to address the disturbing problem of long delays between the diagnosis and treatment of patients residing in state-operated psychiatric and developmental centers. The SDMC serves as an alternative to the judicial process of obtaining informed consent for major medical treatments for patients not competent to make such a decision. The commission was assigned the responsibility for overseeing the SDMC pilot program, which, since its inception, has proven successful and expanded to twenty counties.

Several bureaus of the commission, including legal services, fiscal investigations, quality assurance, policy analysis and development, field investigations, and advocacy services, provide staff support for the commission and its advisory bodies.

From the description of State Commission on Quality of Care for the Mentally Disabled Agency History Record. (New York State Archives). WorldCat record id: 122346700

Chapter 655 of the Laws of 1977 amended the Mental Hygiene Law to create the State Commission on Quality Care for the Mentally Disabled in the Executive Department. The commission consists of three persons with "an active interest in or obtained professional knowledge in the care of the mentally disabled or in mental hygiene endeavors generally" who are appointed by the governor to a five year term. Within the commission are two advisory bodies, the Mental Hygiene Medical Review Board and the Advisory Council.

In 1977 (Chapter 655) the Mental Hygiene Medical Review Board was created to make preliminary determinations whether deaths at mental hygiene facilities are unusual, resulting from other than natural causes, or requiring investigation. Consisting of up to 15 members, including specialists in forensic pathology, psychiatry, and internal medicine, it investigates causes of such deaths, orders examination or autopsy to determine cause of death, and reports to the commission.

In 1985 (Chapter 349) the Advisory Council was formed to assist and advise the commission in developing policies, plans, and programs for improving conditions in mental hygiene facilities, and to serve as a liaison between the commission and boards of visitors. The council consists of not less than 15 members who may be members of boards of visitors, consumer representatives (including present or former patients or relatives who have received services from a mental hygiene facility), service providers, directors of psychiatric or developmental centers, or members of community service boards.

Chapter 354 of the Laws of 1985 established, on a trial basis, two Surrogate Decision-Making Committees (SDMC) to address the disturbing problem of long delays between the diagnosis and treatment of patients residing in state-operated psychiatric and developmental centers. The SDMC serves as an alternative to the judicial process of obtaining informed consent for major medical treatments for patients not competent to make such a decision. The commission was assigned the responsibility for overseeing the SDMC pilot program, which, since its inception, has proven successful and expanded to twenty counties.

Several bureaus of the commission, including legal services, fiscal investigations, quality assurance, policy analysis and development, field investigations, and advocacy services, provide staff support for the commission and its advisory bodies.

From the New York State Archives, Cultural Education Center, Albany, NY. Agency record NYSV1477640-a