senate Bill S5631B

Enacts the "communities of excellence mental health reinvestment act"; repealer

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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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  • 30 / May / 2013
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 10 / Jun / 2013
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 10 / Jun / 2013
    • PRINT NUMBER 5631A
  • 17 / Jun / 2013
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 17 / Jun / 2013
    • PRINT NUMBER 5631B
  • 08 / Jan / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Summary

Enacts the "communities of excellence mental health reinvestment act".

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Bill Details

See Assembly Version of this Bill:
A7842B
Versions:
S5631
S5631A
S5631B
Legislative Cycle:
2013-2014
Current Committee:
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

Sponsor Memo

BILL NUMBER:S5631B

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
program

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
law.

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
services."

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
services.

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
health system.

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
health services.

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.


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

                                 5631--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 30, 2013
                               ___________

Introduced  by Sens. TKACZYK, BRESLIN, KRUEGER, PARKER, STAVISKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Mental Health and Developmental Disabilities -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

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  commu-
  nity mental health support and workforce reinvestment program

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

  Section 1. This act shall be known  and may be cited as the  "communi-
ties of excellence mental health reinvestment act."
  S  2.  Section 1.03 of the mental hygiene law is amended by adding two
new subdivisions 59 and 60 to read as follows:
  59. "NEW YORK STATE PSYCHIATRIC HOSPITAL IN-PATIENT FACILITIES"  SHALL
MEAN THOSE STATE OPERATED FACILITIES SERVING ALL ADULTS, ADOLESCENTS AND
CHILDREN,  INCLUDING  ALL  OF THE BEDS, WARDS, UNITS, BUILDINGS AND REAL
PROPERTY APPURTENANT THERETO.
  60. "COMMUNITIES OF EXCELLENCE MENTAL  HEALTH  REINVESTMENT  SERVICES"
SHALL  MEAN  THE  FOLLOWING  SERVICES  FOR  PERSONS  WITH SERIOUS MENTAL
ILLNESS,  INCLUDING  CHILDREN,  ADOLESCENTS  AND  ADULTS  WITH   SERIOUS
EMOTIONAL  DISTURBANCES AND CO-OCCURRING DISORDERS, AS DEFINED ELSEWHERE
IN THIS CHAPTER:
  (A) EMERGENCY AND CRISIS SERVICES PROVIDED IN A  PROGRAM  LICENSED  OR
APPROVED BY THE COMMISSIONER;
  (B) CASE MANAGEMENT AND INTENSIVE CASE MANAGEMENT SERVICES;
  (C)  OUTPATIENT  SERVICES WHICH PROVIDE AN ADEQUATE LEVEL OF TREATMENT
AND REHABILITATION TO PERSONS LIVING WITH MENTAL ILLNESS, AS APPROVED BY
THE COMMISSIONER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11287-04-3

S. 5631--B                          2

  (D) RESIDENTIAL SERVICES, OTHER THAN INPATIENT SERVICES,  PROVIDED  IN
PROGRAMS  LICENSED  OR  APPROVED BY THE COMMISSIONER, WHICH MAY INCLUDE,
BUT ARE NOT LIMITED TO, COMMUNITY RESIDENCES, RESIDENTIAL  CARE  CENTERS
FOR ADULTS, FAMILY CARE HOMES, CRISIS RESIDENCE OR SUPPORTED HOUSING;
  (E)  COMMUNITY  SUPPORT SERVICES AS DEFINED IN SUBDIVISION THIRTEEN OF
SECTION 41.03 OF THIS CHAPTER;
  (F) OTHER SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, PSYCHIATRIC
REHABILITATION,  CLIENT   ADVOCACY,   SUPPORTED   EMPLOYMENT,   CONSUMER
SELF-HELP,  FAMILY  SUPPORT,  AND VOCATIONAL TRAINING AS APPROVED BY THE
COMMISSIONER;
  (G) ANY OTHER SERVICES THAT MEET THE NEEDS  OF  CHILDREN,  ADULTS  AND
ADOLESCENTS   IN  NON-GOVERNMENTAL  COMMUNITY-BASED  SETTINGS  THAT  ARE
LICENSED OR APPROVED BY THE COMMISSIONER; AND
  (H) SERVICES FOR  SPECIAL  POPULATIONS  INCLUDING  THOSE  LIVING  WITH
MENTAL  ILLNESSES  AND HOMELESSNESS, CO-OCCURRING SUBSTANCE ABUSE DISOR-
DERS, AND/OR PHYSICAL DISABILITIES THAT MAY IMPEDE RECOVERY FROM  MENTAL
ILLNESS, AS APPROVED BY THE COMMISSIONER.
  S  3.  Subdivision  (a)  of section 7.15 of the mental hygiene law, as
amended by section 3 of part I of chapter 58 of the  laws  of  2005,  is
amended to read as follows:
  (a)  The commissioner shall plan, promote, establish, develop, coordi-
nate, evaluate, and conduct programs and services of prevention, diagno-
sis,  examination,  care,  treatment,  rehabilitation,   training,   and
research  for  the  benefit  of  the  mentally  ill. Such programs shall
include but not be limited to in-patient, out-patient, partial hospital-
ization, day care, emergency, rehabilitative, COMMUNITIES OF  EXCELLENCE
MENTAL  HEALTH  REINVESTMENT  SERVICES PURSUANT TO SECTION 41.55 OF THIS
CHAPTER, and other appropriate treatments and services. He or she  shall
take  all  actions that are necessary, desirable, or proper to implement
the purposes of this chapter and to carry out the  purposes  and  objec-
tives  of  the  department within the amounts made available therefor by
appropriation, grant, gift, devise,  bequest,  or  allocation  from  the
mental  health services fund established under section ninety-seven-f of
the state finance law.
  S 4. Paragraph 2 of subdivision (a) of section  41.13  of  the  mental
hygiene  law,  as amended by chapter 746 of the laws of 1986, is amended
to read as follows:
  2. develop the program of local services for the area which it serves,
establish long range goals of the local government in its  programs  for
the  mentally  disabled,  and develop intermediate range plans and fore-
casts, listing priorities and estimated  costs.  The  office  of  mental
health  shall  be  responsible  for such program development relating to
community support services in areas where the responsible local  govern-
mental unit elects, pursuant to subdivision (c) of section 41.47 of this
article, not to receive state aid for community support services.  Local
governmental  units which elect not to receive such state aid for commu-
nity support services shall integrate information relating to  community
support  services into the comprehensive plan for services, as otherwise
required by this article.  THE OFFICE OF MENTAL  HEALTH  SHALL  ALSO  BE
RESPONSIBLE  FOR  SUCH  PROGRAM  DEVELOPMENT  RELATING TO COMMUNITIES OF
EXCELLENCE MENTAL  HEALTH  REINVESTMENT  SERVICES  IN  AREAS  WHERE  THE
RESPONSIBLE  LOCAL GOVERNMENT UNIT DOES NOT RECEIVE A GRANT OF STATE AID
SPECIFICALLY FOR THE PURPOSE OF FUNDING PROGRAMMING UNDER  THE  COMMUNI-
TIES OF EXCELLENCE MENTAL HEALTH REINVESTMENT ACT.
  S  5.  Section  41.55  of the mental hygiene law is REPEALED and a new
section 41.55 is added to read as follows:

S. 5631--B                          3

S 41.55 COMMUNITIES OF EXCELLENCE MENTAL HEALTH REINVESTMENT SERVICES.
  (A)  SUMS  OF  MONEY  CALCULATED  ANNUALLY,  BASED  UPON THE PROJECTED
REDUCTIONS AND CLOSURES FOR THE UPCOMING FISCAL YEAR, OF REDUCTIONS  AND
CLOSURES  IN  THE NEW YORK STATE PSYCHIATRIC HOSPITAL INPATIENT HOSPITAL
FACILITIES, SHALL BE ALLOCATED ANNUALLY BY THE COMMISSIONER, BASED  UPON
THE FOLLOWING CRITERIA:
  (1)  FUNDS APPROPRIATED BY THE LEGISLATURE FOR THE DEVELOPMENT, EXPAN-
SION AND OPERATION OF NEW AND EXPANDED COMMUNITIES OF EXCELLENCE  MENTAL
HEALTH  REINVESTMENT  SERVICES  SHALL BE MADE AVAILABLE TO THE OFFICE OF
MENTAL HEALTH TO PROVIDE GRANTS OF STATE AID  TO  THE  LOCAL  GOVERNMENT
UNITS, WHICH MAY INCLUDE ONE OR MORE CONTIGUOUS COUNTIES UPON THE AGREE-
MENT  OF THE RESPECTIVE DIRECTORS OF COMMUNITY SERVICES AND THE APPROVAL
OF THE COMMISSIONER OF MENTAL HEALTH. AMOUNTS SHALL BE  MADE  AVAILABLE,
AND  THE  COMMISSIONER  SHALL  ALLOCATE  FIFTY PERCENT OF THE SAVINGS AS
DEFINED IN SUBDIVISION (B)  OF  THIS  SECTION,  FOR  APPROPRIATION  UPON
DETERMINATIONS  MADE  BY  THE  COMMISSIONER OF MENTAL HEALTH PURSUANT TO
THIS SECTION AND AT A RATE UP TO ONE HUNDRED PERCENT OF THE APPROVED NET
OPERATING COSTS OF THE PROGRAM OR SERVICE.  THE  LOCAL  GOVERNMENT  UNIT
SHALL CONTRACT WITH THE PROVIDERS OF SUCH SERVICES, OR MAY JOINTLY OPER-
ATE SAID SERVICES.
  (2)  THE  COMMISSIONER SHALL ALLOCATE FIFTY PERCENT OF SUCH FUNDS FROM
SAVINGS, ON A PRO RATA BASIS, TO THE DEVELOPMENT OF THE NEW  YORK  STATE
CENTERS   OF   EXCELLENCE,   FOR   PURPOSES   OF  FACILITY  DEVELOPMENT,
CONSTRUCTION AND IMPROVEMENT, AND FOR  WORKFORCE  RETENTION,  RETRAINING
AND WORKFORCE DEVELOPMENT.
  (B)  FOR THE PURPOSES OF THIS SECTION "SAVINGS" SHALL MEAN THE SUMS OF
MONEY TO BE SAVED FROM THE REDUCTION  OF  ANY  AND  ALL  REDUCTIONS  AND
CLOSURES  IN  THE  NEW YORK STATE PSYCHIATRIC HOSPITAL INPATIENT FACILI-
TIES, INCLUDING ALL OF THE BEDS, WARDS, UNITS, BUILDINGS AND REAL  PROP-
ERTY  APPURTENANT  THERETO,  TO  BE  CALCULATED ANNUALLY, BASED UPON THE
PROJECTED CLOSURES FOR THE UPCOMING FISCAL YEAR, AND  ADJUSTED  ANNUALLY
AT THE END OF THE FISCAL YEAR, AS PART OF THE STATE BUDGET PROCESS.
  (C) CONTRACTS FOR SERVICES UNDER THE PROVISIONS OF THIS SECTION MAY BE
ENTERED  INTO  FOR A PERIOD NOT TO EXCEED FIVE YEARS, AND MAY BE RENEWED
AS APPROPRIATE. ALL FUNDS ALLOCATED HEREIN ARE SUBJECT TO ALL  REPORTING
REQUIREMENTS  AND AGENCY REVIEW AND AUDIT PROVISIONS REQUIRED AND ESTAB-
LISHED ELSEWHERE IN LAW, THAT ARE APPLICABLE TO  PROGRAMS  AND  SERVICES
PROVIDED THROUGH THE OFFICE OF MENTAL HEALTH.
  (D)  STATE  AID  GRANTS  AND  OTHER  FUNDING PROVIDED PURSUANT TO THIS
SECTION SHALL ONLY BE USED TO  FUND  COMMUNITIES  OF  EXCELLENCE  MENTAL
HEALTH   REINVESTMENT   SERVICES,   INCLUDING   APPROVED  ADMINISTRATIVE
EXPENSES. SUCH GRANTS AND OTHER FUNDS SHALL  NOT  BE  USED  FOR  CAPITAL
COSTS  ASSOCIATED  WITH  THE  DEVELOPMENT  OF  COMMUNITIES OF EXCELLENCE
MENTAL HEALTH REINVESTMENT SERVICES; PROVIDED, HOWEVER, THAT SUCH  FUNDS
MAY BE USED FOR PROGRAM DEVELOPMENT COSTS FOR SUCH SERVICES.
  S  6.  Subdivision  (c)  of  section 5.07 of the mental hygiene law is
amended by adding a new paragraph 6 to read as follows:
  (6) (A) THE OFFICE OF MENTAL HEALTH SHALL CREATE, WITHIN  THIRTY  DAYS
OF  THE  EFFECTIVE  DATE OF THIS PARAGRAPH, AN INVENTORY OF ALL EXISTING
IN-PATIENT FACILITIES AS DESCRIBED IN SECTION 41.55 OF THIS CHAPTER. THE
OFFICE OF MENTAL HEALTH SHALL ALSO BE REQUIRED AS PART OF THE  INVENTORY
TO  EVALUATE  AND  ASSIGN AN ACTUAL DOLLAR AMOUNT TO THE COST OF EACH OF
THE ITEMS SET FORTH IN SUCH DESCRIPTION.
  (B) IN CONJUNCTION WITH THE PLANNING FOR THE NEW YORK STATE OFFICE  OF
MENTAL  HEALTH  REGIONAL  CENTERS  OF  EXCELLENCE,  THE  COMMISSIONER IS
DIRECTED TO PREPARE A REPORT, TO BE DELIVERED  TO  THE  LEGISLATURE,  NO

S. 5631--B                          4

LATER  THAN FEBRUARY TWENTY-EIGHTH, TWO THOUSAND FOURTEEN, OUTLINING THE
PLAN FOR DOWNSIZING THE INPATIENT PSYCHIATRIC HOSPITAL, INCLUSIVE OF:
  (I)  THE  NAME,  LOCATION  AND CATCHMENT AREAS OF EACH OF THE REGIONAL
CENTERS OF EXCELLENCE;
  (II) THE SERVICES TO BE PROVIDED AT EACH  REGIONAL  CENTER  OF  EXCEL-
LENCE,  INCLUSIVE OF INPATIENT, OUTPATIENT, TRANSITIONAL AND STATE OPER-
ATED COMMUNITY-BASED PROGRAMS;
  (III) THE ANTICIPATED STAFFING LEVELS WHICH WILL BE IN PLACE  AT  EACH
FACILITY  FOR TWO THOUSAND FOURTEEN -- TWO THOUSAND FIFTEEN STATE FISCAL
YEAR;
  (IV) THE ANTICIPATED NUMBER OF BEDS AT EACH FACILITY; AND
  (V) THE FACILITIES, WARDS, UNITS AND BEDS TO BE ELIMINATED AT EACH  OF
THE  FACILITIES  INCLUDED  IN  CLAUSES (I), (II), (III) AND (IV) OF THIS
SUBPARAGRAPH.
  (C) UPON COMPLETION OF THIS REPORT REQUIRED  BY  SUBPARAGRAPH  (B)  OF
THIS  PARAGRAPH,  AND  BEGINNING  WITH  THE TWO THOUSAND FOURTEEN -- TWO
THOUSAND FIFTEEN STATE FISCAL YEAR, CLAUSES (I), (II), (III),  (IV)  AND
(V) OF SUBPARAGRAPH (B) OF THIS PARAGRAPH SHALL BE INCORPORATED INTO THE
PLAN REQUIRED BY THIS SUBDIVISION.
  S 7. This act shall take effect immediately; provided that section six
of this act shall take effect on the same date and in the same manner as
section 3 of part N of chapter 56 of the laws of 2012, as amended.

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