senate Bill S6226

Relates to fees for services rendered patients in state inpatient facilities pursuant to court orders

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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 / Jan / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Summary

Provides for fees for services rendered patients in state inpatient facilities pursuant to court orders to be paid by the county in which the court is located for the first thirty days.

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Bill Details

See Assembly Version of this Bill:
A6512
Versions:
S6226
Legislative Cycle:
2013-2014
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง43.03, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Cycle:
A6147, S3883, A6147

Sponsor Memo

BILL NUMBER:S6226

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
fees for services rendered patients held in state inpatient facilities
pursuant to court orders

PURPOSE OR GENERAL IDEA OF BILL: To relieve counties of fiscal
responsibility for services rendered to patients held in state
inpatient facilities pursuant to court order in excess of thirty days.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 would place a 30 day limit on the fiscal responsibility of
county governments for Department of Mental Health (DMH) services to
certain persons being held pursuant to the order of a criminal court.

Section 2 lists the effective date as the first day of January after
it has become a law.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Currently,
Section 43.03 (c) of the Mental Hygiene Law provides that persons
receiving mental hygiene services while being held pursuant to the
order of a criminal court shall not be liable to DMH for such
services. Fees due DEH for such services shall be paid by the county
in which the court is located. Counties are not responsible, however,
for services to persons committed to DMH pursuant to Section 330.20 of
the Criminal Procedure Law or for examination pursuant to an order of
the Family Court.

JUSTIFICATION: Court ordered confinement for a mental health
examination does not exceed 30 days except upon application of the
Commissioner of Mental Health. In this case, the court may authorize
confinement for an additional period - not exceeding 30 days -- if it
is satisfied that a longer period is necessary to complete the
examination. Except in certain rare cases, the majority of court
ordered confinements for examination are, in fact, completed within 33
days. Those exceptions usually result in a determination that the
individual being examined is unfit to proceed to trial and may as in
the case of a murder charge spend the rest of his or her life in a DMH
facility at local government expense.

At a time when local governments are already overburdened by State
mandates, it is clearly inappropriate, to charge them for services in
excess of 30 days over which they have no control. This is especially
true in cases where the individual being examined would, under other
ordinary circumstances, be committed to a DMH facility on an
involuntary basis as harmful to self or others at no cost to the local
government.

PRIOR LEGISLATIVE HISTORY: 2011/2012 - S.3883 McDonald - Reported to
Finance.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Estimated $11
million to $12 million cost to the state annually.

EFFECTIVE DATE: This act would take effect on the first day of
January after it has become a law.


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

                                  6226

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen. RITCHIE -- 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 fees for services
  rendered patients held in state inpatient facilities pursuant to court
  orders

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

  Section 1. Subdivision (c) of section 43.03 of the mental hygiene law,
as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
follows:
  (c) Patients receiving services while being held pursuant to order  of
a criminal court, other than patients committed to the department pursu-
ant  to section 330.20 of the criminal procedure law, or for examination
pursuant to an order of the family court shall  not  be  liable  to  the
department  for such services. Fees due the department for such services
shall be paid by the county in which such court is located [except  that
counties]  FOR  UP  TO  AND  INCLUDING  ONLY  THE  FIRST  THIRTY DAYS OF
SERVICES. COUNTIES shall not be responsible for  the  cost  of  services
rendered patients committed to the department pursuant to section 330.20
of  the  criminal  procedure law or patients committed to the department
pursuant to article ten of this chapter.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07527-01-3

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