N.Y. Mental Hygiene Law 5.09 – Facilities development corporation
§ 5.09 Facilities development corporation.
Terms Used In N.Y. Mental Hygiene Law 5.09
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
(a) The facilities development corporation shall be entitled to exclusive possession, jurisdiction, supervision and control of all real property held for facilities operated by any of the offices of the department, such facilities being defined as mental hygiene facilities by section three of the facilities development corporation act, to exclusive possession, jurisdiction, supervision and control of such facilities, and to all payments made for the care, maintenance and treatment of patients at such facilities; provided, however, that the directors of the said corporation shall make all such property and all such facilities available to the commissioners and offices of the department of mental hygiene for use in the care, maintenance, and treatment of the mentally disabled.
The provisions of this section shall not be applicable to community mental health and developmental disabilities facilities as defined in section three of the facilities development corporation act or to payments made for the care, maintenance and treatment of patients at such community mental health and developmental disabilities facilities.
(b) The director of a department facility shall permit any director, officer, employee or agent of the facilities development corporation to inspect and test the physical condition of any building, unit, room, structure, improvement, walkway, roadway, parking lot or utility connection at the facility under appropriate conditions designed to minimize any disruption in the care, maintenance, and treatment of patients at the facility. The director and officers and employees at the facility shall cooperate fully with any such trustee, officer, employee or agent in assessing the need for physical construction, reconstruction, rehabilitation and improvement at the facility and for the acquisition of furnishings, equipment, machinery and apparatus to be used in mental hygiene facilities upon the completion of construction, reconstruction, rehabilitation or improvement work and shall cooperate fully in carrying out all work being done under the direction of the said corporation.