senate Bill S5631B
(D) 0 Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Enacts the "communities of excellence mental health reinvestment act".
- See Assembly Version of this Bill:
- Legislative Cycle:
- Senate Mental Health And Developmental Disabilities
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§1.03, 7.15, 41.13 & 5.07, rpld & add §41.55, Ment Hyg L
TITLE OF BILL: An act to amend the mental hygiene law, in relation to
enacting the "communities of excellence mental health reinvestment
act"; and to repeal section 41.55 of the mental hygiene law relating
to the community mental health support and workforce reinvestment
PURPOSE: This bill replaces MHL . 41.55, the "community mental health
support and workforce reinvestment program" with the "communities of
excellence mental health reinvestment act."
SUMMARY OF PROVISIONS:
Section 1 of the bill names the act the "communities of excellence
mental health reinvestment act."
Section 2 of the bill adds subdivisions 59 and 60 to section 1.03 of
the mental hygiene law. Subdivision 59 clarifies the definition of
"new yolk state psychiatric hospital in-patient facilities to include
all state operated facilities serving adults, adolescents, and
children, with serious mental illnesses, including all of the beds,
wards, units, buildings and real property.
Subdivision 60 defines the services to be provided under the
communities of excellence mental health reinvestment services.
Section 3 of the bill amends subdivision (a) of section 7.15 of the
mental hygiene law, requiring the commissioner of mental health to
include in the planning and implementation processes of the state
office of mental health the "communities of excellence mental health
reinvestment services" pursuant to section 4n.55 of the mental hygiene
Section 4 of the bill amends paragraph 2 of subdivision a) of section
41.13 of the mental hygiene law to incorporate responsibility for
providing communities of excellence mental health reinvestment
services, as appropriate, in areas where such services are not.
already provided by the local government unit.
Section 5 of the bill repeals the existing section 41.55 of the mental
hygiene law, and replaces it with a new section 41.55, which
establishes the "communities of excellence mental health reinvestment
Section 6 of the bill adds a new paragraph 6 to section 5.07 of the
mental hygiene law, which-requires the creation of an inventory and
valuation of all in-patient facilities and services, and requires, in
conjunction with the planning for the state's mental health regional
centers of excellence, the preparation of a report to the legislature
regarding the facilities, services and staffing levels to be part of
the state's transition to the regional centers of excellence. This
section also incorporates such planning into the states mental health
section 5.07 five-year planning process into the future.
JUSTIFICATION: In the 2013-2014 state fiscal year budget, the state
Office of Mental health has undertaken an initiative to thoroughly
revamp the state's existing psychiatric hospital system into a system
of regional facilities, known as the regional centers of excellence.
Although. a final number of facilities has not been determined, it is
clear that the vast majority of the state's existing inpatient mental
health hospitals will be consolidated and/or closed.
2013 is the 20th anniversary of the adoption of the initial, and
landmark, Community Mental health Reinvestment Act. The intent of that
law, which is restated and updated in this legislation, was to ensure
that the funds saved by the down-sizing of the in-patient psychiatric
hospital system were reinvested into community-based mental health
In the twenty years since the adoption of the original community
mental health reinvestment act, hundreds of millions of dollars have
followed individuals back into the community, as the hospitals have
been closed and patient census reduced. however, hundreds of millions
more have been lost to the system, through "notwithstanding" budget
language, and the lack of specific definitions to capture all facets
of the funding to be saved during the transition of the state's mental
This legislation will require the state office of mental health to do
an inventory and valuation of the existing state facilities and
services, establish a plan for the transition to the mental health
regional centers of excellence, and determine short-term and long term
savings from the reduction of beds, wards, units, buildings and real
property that are currently cart of the inpatient psychiatric hospital
system for adults, adolescents and children. From those savings, 50%
will be allocated to the state office of mental health for the
structural and staffing needs of the new mental health regional
centers of excellence; the other 50% will be directed to Local
Government Units for the purpose of contracting with not-for-profit
and other licensed and approved providers of community-based mental
The funding will be available for a wide range of services (but not
for capital expenses} focusing on the needs of children, adults and
adolescents in non-governmental community-based settings and programs.
Included are individuals with mental illnesses whose recovery could be
impeded by co-occurring substance abuse disorders, homelessness,
and/or physical disabilities.
Finally, the legislation requires that the plan for Regional Centers
of Excellence and the Communities of Excellence Reinvestment Services
be incorporated into the state office of mental health's section 5.07
five year planning process.
LEGISLATIVE HISTORY: 2013: New bill.
FISCAL IMPLICATIONS: For 2013-14, there will be minimal cost due to
the inventory and valuation, and the report to the legislature that is
required. For 2014-15 and beyond, the cost of the bill will be
incorporated into the budget planning process.
EFFECTIVE DATE: This act shall take effect immediately.
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