(a) The commissioner may authorize the director of a hospital (referred to in this section as the “evacuating hospital”) to arrange with one or more directors of OMH hospitals, designated by the commissioner or a designee thereof, for the interim accommodation of patients, upon a determination by the commissioner or designee that a potential hazard to patients and staff will occur at the evacuating hospital as a result of overcrowding caused by:

1. (1) major renovation of existing space;
2. (2) planned demolition of existing space; or
3. (3) revocation or suspension of an OMH operating certificate pursuant to Part 73 of this Title, requiring the removal of patients.

(b) The evacuating hospital's director or designee may select any involuntary, emergency or consenting voluntary or informal patient for interim accommodation. A voluntary patient who is offered but who refuses to accept interim accommodation may be:

1. (1) retained at the evacuating hospital;
2. (2) discharged, if appropriate, in accordance with a service plan prepared for the patient pursuant to section 29.15 of the Mental Hygiene Law; or
3. (3) converted to involuntary status and thereafter given interim accommodation, if the patient meets the criteria for involuntary retention.

(c) When a patient is provided with interim accommodation pursuant to this section:

1. (1) The evacuating hospital shall, no later than three days following commencement of such accommodation, give written notice thereof to the following parties:

   1. (i) the nearest relative of the patient;
   2. (ii) additional significant others who the patient has indicated should receive notice of the patient's hospitalization and status;
   3. (iii) the patient's guardian, if any, if such guardian is not included under subparagraph (i) or (ii) of this paragraph; and
   4. (iv) the Mental Hygiene Legal Service.
2. (2) The evacuating hospital shall, no later than three days following the patient's return, give written notice thereof to the parties described in paragraph (1) of this subdivision.