senate Bill S3063

Enacts the "minority mental health act" to establish the division of minority mental health within the office of mental health

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Feb / 2011
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 04 / Jan / 2012
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Summary

Enacts the "minority mental health act" to establish the division of minority mental health within the office of mental health; such division shall be responsible for assuring that mental health programs and services are culturally and linguistically appropriate to meet the needs of racial and ethnic minorities.

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Bill Details

Versions:
S3063
Legislative Cycle:
2011-2012
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add Art 8 ยงยง8.01 - 8.09, Ment Hyg L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A5055, S7023
2007-2008: A3732

Sponsor Memo

BILL NUMBER:S3063

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to establishing the
division of minority mental health within the office of mental health,
and providing for its powers and duties

PURPOSE:
The purpose of this bill is to evaluate and improve the
current mental health service delivery model for ethnic and minority
populations in New York State.

SUMMARY OF PROVISIONS:
Section 1 sets forth the legislative intent.

Section 2 provides the short title of this act, "The Minority Mental
Health Act."

Section 3 adds a new Article 8 to the Mental Hygiene Law titled
"Division of Minority Mental Health." This section establishes a new
Division of Minority Mental Health within the Office of Mental Health
(OMH) for the purpose of addressing a broad spectrum of mental health
care issues specifically focused on the needs of racial and ethnic
minority populations in New York State. Additionally, the bill
establishes a Minority Mental Health Council within the newly created
Division of Minority Health to assist the Commissioner of OMH with
minority mental health issues, and to conduct a study on the mental
health needs of racial and ethnic minorities.
In such study, the Council is required to examine the availability and
effectiveness of current programs, examine an array of issues
impacting service delivery to minority populations, and to provide
recommendations to address the identified unmet needs. The Council is
further required to report its findings to the Governor and the
Legislature within 18 months of the effective date of this legislation.

Section 4 provides that this bill would take effect April I following
enactment.

JUSTIFICATION:
New York State's population reflects a diversity of cultures and
ethnicities. According to the 2000 Census, minority populations
constitute approximately 32% of the State's population and 62% of New
York City's population. Consistent with these figures is the stark
reality that
there is a lack of available and adequate mental health services in
languages other than English, and that there are high rates of
under-utilization of available mental health services by minority
populations. The fundamental need to address this disparity was
recognized in the President's New Freedom Commission on Mental
Health. In the 2002 report, the Commission acknowledged that "the
mental health system has not kept pace with the diverse needs of
racial and ethnic minorities, often under serving or inappropriately
serving them. Specifically, the system has neglected to incorporate
respect or understanding of the histories, traditions, beliefs,
languages, and value systems of culturally diverse groups.


Misunderstandinig and misinterpreting behaviors have led to tragic
consequences, including inappropriately placing minorities in the
criminal and juvenile justice systems." New York State must take a
proactive role in removing the numerous barriers existent in the
current mental health system. This legislation would provide a bold
foundation for improving access, quality and the outcomes of mental
health services provided to the culturally diverse populations across
the State.

LEGISLATIVE HISTORY:
Same as S.5575 of 2008 Reported to Finance. A.3732 Passed Assembly.
Same as S.4938 of 2009 Veto
49.
S.7023/A.9833 of 2010 Passed Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This bill will take effect April 1 next succeeding the date
of enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3063

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to establishing  the
  division of minority mental health within the office of mental health,
  and providing for its powers and duties

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative  intent.  The  legislature  hereby  finds  that
racial  and  ethnic  minorities  in  America  comprise a substantial and
vibrant segment of the United States population. According to  the  2000
United  States Census, minorities comprised the majority of the New York
City population. Further, the legislature finds that nearly half of  all
New  York  City  households speak a language other than English at home,
and that the "enormous shortage  of  trained  bilingual  and  bicultural
counselors, therapists, psychiatrists and social workers, make it impos-
sible,  for many limited-English-proficient New Yorkers to obtain refer-
rals and timely, appropriate mental health  services"  (New  York  State
Assembly  Standing  Committee  on Mental Health report, AN EVALUATION OF
THE DELIVERY OF MENTAL HYGIENE SERVICES  IN  NEW  YORK  STATE,  February
2005).  Moreover, the legislature finds that the President's New Freedom
Commission on Mental Health also found that the mental health system  in
the  United  States  "has not kept pace with the diverse needs of racial
and ethnic minorities.  Misunderstanding and  misinterpreting  behaviors
have  led  to  tragic  consequences,  including  inappropriately placing
minorities in the criminal and juvenile justice systems."  Consequently,
the  legislature  finds that a division of minority mental health should
be created to address the unique mental health needs of the  racial  and
ethnic minority citizens of the state.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"minority mental health act".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01202-01-1

S. 3063                             2

  S 3. The mental hygiene law is amended by adding a new  article  8  to
read as follows:
                                ARTICLE 8
                       DIVISION OF MINORITY MENTAL
                                 HEALTH
SECTION 8.01 DECLARATION OF POLICY.
        8.03 DEFINITIONS.
        8.05 DIVISION OF MINORITY MENTAL HEALTH.
        8.07 SCOPE OF RESPONSIBILITIES.
        8.09 MINORITY MENTAL HEALTH COUNCIL.

S 8.01 DECLARATION OF POLICY.
  THE  STATE OF NEW YORK AND ITS LOCAL GOVERNMENTS HAVE A RESPONSIBILITY
TO CARE FOR AND TREAT ALL OF ITS CITIZENS SUFFERING FROM MENTAL DISABIL-
ITIES. TO ADDRESS THE GROWING AND  SIGNIFICANT  DISCONNECT  BETWEEN  THE
MENTAL  HEALTH  CARE  NEEDS,  AND  THE AVAILABILITY AND ACCESSIBILITY OF
CULTURALLY AND LINGUISTICALLY COMPETENT CARE FOR ALL NEW YORKERS, A  NEW
DIVISION  OF MINORITY MENTAL HEALTH IS CREATED. THE DIVISION SHALL FOCUS
ON ASSESSING THE MENTAL HEALTH NEEDS OF RACIAL AND ETHNIC MINORITY POPU-
LATIONS AND STRIVE TO BEST ENSURE THAT APPROPRIATE CARE IS  PROVIDED  TO
THESE INDIVIDUALS.
S 8.03 DEFINITIONS.
  AS USED IN THIS ARTICLE:
  (A)  "COUNCIL" MEANS THE MINORITY MENTAL HEALTH COUNCIL ESTABLISHED BY
SECTION 8.09 OF THIS ARTICLE.
  (B) "DIVISION" MEANS THE DIVISION OF MINORITY  HEALTH  ESTABLISHED  BY
SECTION 8.05 OF THIS ARTICLE.
S 8.05 DIVISION OF MINORITY MENTAL HEALTH.
  THERE IS HEREBY ESTABLISHED, WITHIN THE OFFICE, A DIVISION OF MINORITY
MENTAL HEALTH. THE DIVISION SHALL ASSIST THE OFFICE AND THE COMMISSIONER
IN  CARRYING  OUT  THEIR  POWERS AND DUTIES RELATING TO THE PROVISION OF
MENTAL HEALTH SERVICES TO RACIAL AND ETHNIC MINORITIES.
S 8.07 SCOPE OF RESPONSIBILITIES.
  THE DIVISION SHALL:
  (A) BE RESPONSIBLE  FOR  ASSURING  THAT  MENTAL  HEALTH  PROGRAMS  AND
SERVICES ARE CULTURALLY AND LINGUISTICALLY APPROPRIATE TO MEET THE NEEDS
OF RACIAL AND ETHNIC MINORITIES;
  (B)  SERVE  AS  LIAISON AND ADVOCATE FOR THE OFFICE ON MINORITY MENTAL
HEALTH MATTERS.   THIS FUNCTION SHALL INCLUDE  THE  PROVISION  OF  STAFF
SUPPORT  TO  THE  COUNCIL  AND  THE ESTABLISHMENT OF APPROPRIATE PROGRAM
LINKAGE WITH RELATED FEDERAL, STATE, AND LOCAL AGENCIES AND PROGRAMS;
  (C) ASSIST PROFESSIONAL SCHOOLS AND STATE AGENCIES TO DEVELOP  COMPRE-
HENSIVE PROGRAMS TO IMPROVE THE SUPPLY OF MINORITY MENTAL HEALTH PERSON-
NEL BY PROMOTING MINORITY MENTAL HEALTH CLINICAL TRAINING AND CURRICULUM
IMPROVEMENT, AND DISSEMINATING MINORITY MENTAL HEALTH CAREER INFORMATION
TO HIGH SCHOOL AND COLLEGE STUDENTS; AND
  (D)  REVIEW THE IMPACT OF PROGRAMS, REGULATIONS AND MENTAL HEALTH CARE
REIMBURSEMENT POLICIES ON MINORITY MENTAL HEALTH  SERVICE  DELIVERY  AND
ACCESS.
S 8.09 MINORITY MENTAL HEALTH COUNCIL.
  (A)  THERE  IS  HEREBY  ESTABLISHED,  WITHIN  THE DIVISION, A MINORITY
MENTAL HEALTH COUNCIL  TO  CONSIST  OF  THE  COMMISSIONER  AND  FOURTEEN
APPOINTED  MEMBERS.    THE  COMMISSIONER SHALL SERVE AS THE CHAIR OF THE
COUNCIL.  THE APPOINTED MEMBERSHIP OF THE COUNCIL  SHALL  HAVE  RELEVANT
EXPERIENCE  RELATED TO THE PROVISION OR RECEIPT OF MINORITY SERVICES AND
SHALL BE REFLECTIVE OF THE DIVERSITY OF THE STATE'S  POPULATION  INCLUD-

S. 3063                             3

ING, BUT NOT LIMITED TO, THE VARIOUS MINORITY POPULATIONS THROUGHOUT THE
STATE.  THE MEMBERS SHALL BE APPOINTED AS FOLLOWS:
  1. FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
  2.  FOUR  MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  3. FOUR MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  4. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
AND
  5. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE  ASSEM-
BLY.
  (B)  THE  APPOINTED  MEMBERS OF THE COUNCIL SHALL EACH SERVE A TERM OF
TWO YEARS, BUT SHALL CONTINUE TO SERVE IN OFFICE UNTIL THEIR  SUCCESSORS
ARE  APPOINTED.  ALL VACANCIES IN THE MEMBERSHIP OF THE COUNCIL SHALL BE
FILLED FOR THE UNEXPIRED TERM WITHIN SIX MONTHS OF THE DATE THE  VACANCY
OCCURS.  VACANCIES  SHALL  BE  FILLED IN THE SAME MANNER AS THE ORIGINAL
APPOINTMENT.
  (C) THE COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY  REQUIRE,
BUT  IN  NO  CASE SHALL IT MEET LESS THAN FOUR TIMES DURING ANY CALENDAR
YEAR.
  (D) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS ARTICLE.
  (E) THE COUNCIL SHALL:
  1. AT THE REQUEST OF THE COMMISSIONER, CONSIDER ANY MATTER RELATING TO
THE PROVISION AND IMPROVEMENT OF MINORITY MENTAL HEALTH SERVICES; AND
  2.  CONDUCT  A  STUDY  ON THE MENTAL HEALTH NEEDS OF RACIAL AND ETHNIC
MINORITIES AND THE AVAILABILITY AND EFFECTIVENESS OF  PROGRAMS  DESIGNED
TO  MEET SUCH NEEDS. SUCH STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, AN
EXAMINATION OF: RATES OF UNDERUTILIZATION OF MENTAL HEALTH  SERVICES  BY
SPECIFIC  RACIAL AND ETHNIC MINORITY GROUPS, THE REASONS CONTRIBUTING TO
SUCH  UNDERUTILIZATION  PATTERNS,  THE  AVAILABILITY  OF  MENTAL  HEALTH
SERVICES SPECIFICALLY DESIGNED TO ADDRESS THE NEEDS OF IDENTIFIED RACIAL
AND  ETHNIC  MINORITIES  AND  RECOMMENDATIONS  FOR ADDRESSING IDENTIFIED
UNMET NEEDS  AND  FOR  IMPROVING  THE  AVAILABILITY  OF  CULTURALLY  AND
LINGUISTICALLY  APPROPRIATE SERVICES. THE COUNCIL SHALL REPORT ITS FIND-
INGS AND RECOMMENDATIONS TO THE GOVERNOR, THE COMMISSIONER,  THE  TEMPO-
RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIR-
PERSONS  OF  THE  SENATE  MENTAL  HEALTH  AND DEVELOPMENTAL DISABILITIES
COMMITTEE AND THE ASSEMBLY  MENTAL  HEALTH  COMMITTEE,  WITHIN  EIGHTEEN
MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE.
  S  4. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided that any appoint-
ments, rules and regulations necessary to implement  the  provisions  of
this  act  on  its  effective  date  are  authorized  and directed to be
completed on or before such date.

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