US Laws, Codes, Statutes & Cases

 
    §  555.  Powers  and  duties  of the commissioner. a. The commissioner
  shall have all the powers and duties vested in him or in the  department
  by this chapter or otherwise, except those vested by law in the board of
  health  and  the  chief  medical  examiner.  In  the  performance of his
  functions, the commissioner shall have, in addition to  such  others  as
  may be conferred upon him from time to time, the power and duty to:
    (1)  Prepare  and submit to appropriate governmental authorities short
  term, intermediate and long range plans and programs  designed  to  meet
  the  said  needs  of  the city, including the needs for construction and
  operation  of  medical  and  health  care  facilities,   and   establish
  priorities among them, except that the commissioner may not construct or
  operate  a  new medical or health care facility until the health systems
  agency having jurisdiction over the institution, as  recognized  by  the
  state  health  planning  council,  has  received, in the case of private
  institutions, a copy of the application filed with the commissioner,  or
  in the case of institutions of the city of New York, information in such
  form and detail as the health systems agency shall require, and it shall
  have  given  the commissioner a written decision expressing its approval
  or disapproval. The commissioner shall not be bound by this decision but
  he shall not approve any construction, addition or modification contrary
  to the health systems agency without first holding a public hearing.  In
  reaching  decisions pursuant to this paragraph, the commissioner and the
  health systems agency shall consider:
    (a) The public need for the existence of the new  institution  or  the
  construction, addition or modification of an existing institution at the
  time and place and under the circumstances proposed;
    (b)  The  character,  competence  and standing in the community of the
  owners and licensees, in the case of private institutions;
    (c) The financial resources of the  institution  and  its  sources  of
  future revenues;
    (d) The fitness and adequacy of the premises, and equipment, personnel
  and  standards  of  care  to  be  used  in the operation of the proposed
  institution;
    (e) Any decision of the local community board, on the  institution  in
  the community; and
    (f) Such other matters as each of them considers pertinent.
    (2)  At  the conclusion of the second year following the establishment
  of the department pursuant to this section, and again at the  conclusion
  of  the  fourth year following such establishment, the mayor's office of
  operations shall conduct a review and  submit  a  report  to  the  mayor
  comparing such periods with the period preceding such establishment with
  regard to the department's delivery of mental health, mental retardation
  and alcoholism and substance abuse services, the access of consumers and
  their families to such services, and the administration and oversight of
  contracts for the delivery of such services.
    b.  In the exercise of the commissioner's functions, powers and duties
  the commissioner may:
    (1) Compel the attendance of witnesses, administer  oaths  and  compel
  the  production  of  books,  papers  and  documents  in  any  matter  or
  proceeding before the commissioner.
    (2) Except as otherwise provided by law, assess any penalty prescribed
  for a violation of or a failure to comply with  any  provision  of  this
  chapter  or any lawful notice, order or regulation pursuant thereto, not
  exceeding one thousand dollars, which penalty may be  assessed  after  a
  hearing or an opportunity to be heard.