14 N.Y.3d 344 (2010)

The jurisdiction of the Mental Hygiene Legal Service (MHLS) extends only to facilities defined in Mental Hygiene Law § 1.03 and other places that are required to have an operating certificate from the Office of Mental Health (OMH), as determined by the Commissioner’s discretion and expertise.

Summary

This case concerns the extent of the Mental Hygiene Legal Service’s (MHLS) jurisdiction to access and provide legal assistance to mentally ill residents in nursing homes operating neurobiological units (NBUs). MHLS sought access to residents and their records in certain nursing homes, claiming jurisdiction because the facilities provided services to the mentally disabled. The nursing homes denied access, arguing they were not required to obtain an operating certificate from the Office of Mental Health (OMH). The Court of Appeals held that MHLS’s jurisdiction is limited to facilities that either fall under Mental Hygiene Law § 1.03 or are *required* to have an OMH operating certificate, a determination solely within OMH’s discretion. The Court affirmed the dismissal of MHLS’s claim, as the nursing homes were not required to have such a certificate.

Facts

• Starting in 1996, defendant nursing homes began accepting patients with mental illnesses discharged from OMH-licensed facilities, placing them in discrete units referred to as