Senate Bill S187

2009-2010 Legislative Session

Establishes the child psychiatry access project within the office of mental health; establishes a gift for such purpose on personal income tax forms

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2010	reported and committed to finance
Feb 01, 2010	print number 187b
Feb 01, 2010	amend and recommit to mental health and developmental disabilities
Jan 06, 2010	referred to mental health and developmental disabilities
Apr 29, 2009	print number 187a
Apr 29, 2009	amend (t) and recommit to finance
Mar 18, 2009	reported and committed to finance
Jan 07, 2009	referred to mental health and developmental disabilities

Votes

- Mar 10, 2010 - Committee Vote
  S187
  
  Aye
  
  8
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Committee Vote: Mar 10, 2010
      
      aye (8)
      
      Breslin
      
      Duane
      
      Hannon
      
      Huntley
      
      Libous
      
      McDonald
      
      Montgomery
      
      Volker
      
      aye wr (1)
      
      Adams
      
      excused (1)
      
      Morahan

Bill Amendments

Original

B (Active)

2009-S187 - Details

Current Committee:: Senate Finance
Laws Affected:: Add §7.42, Ment Hyg L; add §628-a, Tax L; add §89-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3434
2013-2014: S3202
2015-2016: S2639
2017-2018: S2220
2019-2020: S3199
2021-2022: S3033
2023-2024: S7966
2025-2026: S6081

2009-S187 - Summary

Establishes the child psychiatry access project; provides that the office of mental hygiene shall establish regional child psychiatry access projects across the state to provide primary care providers with timely access to child psychiatry consultations they treat in order to assist such primary care providers in meeting the mental health needs of the children and adolescents and their families; establishes a gift for the child psychiatry access project on state personal income tax forms, the proceeds from which shall be deposited into a child psychiatry access fund for the funding of such projects.

2009-S187 - Sponsor Memo

                                 BILL NUMBER:  S187

 TITLE OF BILL :
An act to amend the mental hygiene law, in relation to establishing
the child psychiatry access project


 PURPOSE :
This legislation would enhance access to mental health services for
children and adolescents by creating regional teams specializing in
behavioral health to consult with and provide support to primary care
providers caring for children and families dealing with mental health
issues.

 SUMMARY OF PROVISIONS :
Sections one of the bill creates a new section 7.42 of the mental
hygiene law directing the office of mental health, within amounts
appropriated therefor, to establish regional child psychiatry access
projects across the state designed to provide primary care providers
with timely access to child psychiatry consultations regarding the
children and adolescents they treat. The teams would consist of a
child psychiatrist and appropriate support staff who would support
primary health care providers in their region regardless of the
patient's insurance status. The teams would answer questions, provide
consultations, make referrals and in some cases provide transitional
support to the child and family until the family can access local

behavioral health services. They may also provide educational and
advocacy services to providers and the mental health community.

Section two provides for an effective date on the 90th day after it
shall have become law.

 JUSTIFICATION :
According to a 1999 report of the Surgeon General "About 20% of
children are estimated to have mental disorders with at least mild
functional impairment." The number of children reported to have
"serious emotional disturbance" are reportedly 5-9% of children ages 9
to 17. Indications are that these numbers have not changed much over
the last decade and, unfortunately, the vast majority of these
children receive little or no treatment.

A recent report to the Senate Mental Health and Developmental
Disabilities Committee from the NYS Department of Health and Office of
Mental Health on psychiatric drugs for Medicaid beneficiaries age
eighteen and under concluded that "the greatest problem in children's
mental health is that most children needing help get too little, too
late."

At the same time as children are suffering untreated, many are also
being treated with medications some of which have not been approved by
the FDA for use in children and adolescents. While these medications
may provide great benefit there is the potential for serious adverse
side effects. There is growing concern about appropriate and safe
prescribing of medication to children and adolescents with a mental
illness.

Part of the reason that children are not getting the mental health
help they need is that there are significant barriers to referral to
behavioral health providers. The President's New Freedom Commission on
Mental Health reported in 2003 that these barriers included "lack of
available specialists, insurance restrictions, appointment delays and
stigma." The lack of child psychiatrists is a well documented national
problem. In New York State there are many counties without a single
child psychiatrist. Efforts have been made to pilot telepsychiatry as
a way to provide at least some access to rural areas of the state for

consultations and assessments by child psychiatrists. However, more
needs to be done.

Because of the inadequate numbers of child psychiatrists, primary care
practitioners for children and adolescents are often the ones who care
for young people with behavioral and emotional problems.  Providing
primary care providers and families with timely access to expert
guidance is essential in helping to make informed decisions about
psychopharmacology and other treatments. This bill aims to provide
that resource through regional child psychiatry access teams.

The bill will address the problems of access, inappropriate
medication, and insurance barriers by establishing regional teams
specialized in child and adolescent behavioral health who will be
available to primary care practitioners to consult, answer questions
and provide support and referrals for their patients. It is a model
that began in Massachusetts in 2004-05 and has proven very successful.
In Massachusetts there are six regional teams covering the entire
state who are able to respond to the primary care providers in their
region, at no cost to the provider or patient, within about 30 minutes
of a call. The program is not meant to replace emergency services or
on going behavioral health care. This bill will provide support and
information to primary care providers and timely access to mental
health services for children and adolescents.  With such legislation,
"too little, too late," could become a description of the past for the
children of New York State.

 LEGISLATIVE HISTORY :
Same as S.7033A of 2007 Veto
 122

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
90 days after enactment.

2009-S187 - Bill Text download pdf

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

                                   187

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- 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
  child psychiatry access project

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

  Section 1. The mental hygiene law is amended by adding a  new  section
7.42 to read as follows:
S 7.42 CHILD PSYCHIATRY ACCESS PROJECT.
  (A)  THE OFFICE SHALL, WITHIN AMOUNTS APPROPRIATED THEREFOR, ESTABLISH
OR MAY CONTRACT FOR  THE  ESTABLISHMENT  OF  REGIONAL  CHILD  PSYCHIATRY
ACCESS  PROJECTS ACROSS THE STATE TO PROVIDE PRIMARY CARE PROVIDERS WITH
TIMELY ACCESS TO CHILD PSYCHIATRY CONSULTATIONS IN ORDER TO ASSIST  SUCH
PRIMARY  CARE  PROVIDERS IN MEETING THE MENTAL HEALTH NEEDS OF THE CHIL-
DREN AND ADOLESCENTS AND THEIR FAMILIES.
  (B) REGIONAL TEAMS SHALL CONSIST OF A CHILD PSYCHIATRIST  WITH  APPRO-
PRIATE  SUPPORT  STAFF,  AND BE ESTABLISHED TO PROVIDE CHILD PSYCHIATRIC
TELEPHONE CONSULTATIONS TO PRIMARY CARE PROVIDERS WITHIN THE  DESIGNATED
REGION  RESULTING  IN  ONE OF THE FOLLOWING, DEPENDING UPON THE NEEDS OF
THE CHILD PATIENT AND/OR FAMILY:
  1. RESPONDING TO THE PRIMARY CARE PHYSICIAN'S PATIENT  SPECIFIC  QUES-
TIONS ABOUT BEHAVIORAL HEALTH;
  2.  ASSISTING THE FAMILY IN ACCESSING ROUTINE, LOCAL BEHAVIORAL HEALTH
SERVICES, WITH THE UNDERSTANDING THERE MAY BE A WAITING PERIOD;
  3. PROVIDING TRANSITIONAL SUPPORT TO  THE  CHILD  PATIENT  AND  FAMILY
UNTIL THE FAMILY CAN ACCESS ROUTINE, LOCAL BEHAVIORAL HEALTH SERVICES;
  4.  MAKING  REFERRAL TO A TEAM CHILD PSYCHIATRIST FOR AN ACUTE PSYCHO-
PHARMACOLOGIC OR DIAGNOSTIC CONSULTATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00731-01-9


S. 187                              2

  (D) REGIONAL TEAMS MAY ALSO PROVIDE MENTAL HEALTH  RESOURCE  SERVICES,
EDUCATIONAL  SERVICES, MENTAL HEALTH ADVOCACY AND OTHER RELATED SERVICES
TO THE PROVIDER AND MENTAL HEALTH COMMUNITY.
  (E) CHILD PSYCHIATRY ACCESS SERVICES PROVIDED UNDER THIS SECTION SHALL
NOT  DISCRIMINATE AGAINST CHILDREN AND FAMILIES, BASED UPON THEIR INSUR-
ANCE STATUS, WHEN SUCH SERVICES ARE ACCESSED THROUGH THEIR PRIMARY  CARE
PROVIDER PRACTICING IN THE REGION.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

2009-S187A - Details

Current Committee:: Senate Finance
Laws Affected:: Add §7.42, Ment Hyg L; add §628-a, Tax L; add §89-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3434
2013-2014: S3202
2015-2016: S2639
2017-2018: S2220
2019-2020: S3199
2021-2022: S3033
2023-2024: S7966
2025-2026: S6081

2009-S187A - Summary

2009-S187A - Sponsor Memo

                                 BILL NUMBER:  S187A

 TITLE OF BILL :
An act to amend the mental hygiene law, in relation to establishing
the child psychiatry access project; to amend the tax law, in relation
to establishing a gift for the child psychiatry access project; and to
amend the state finance law, in relation to establishing the child
psychiatry access fund


 PURPOSE :
This legislation would enhance access to mental health services for
children and adolescents by creating regional teams specializing in
behavioral health to consult with and provide support to primary care
providers caring for children and families dealing with mental health
issues.

 SUMMARY OF PROVISIONS :
Sections one of the bill creates a new section 7.42 of the mental
hygiene law directing the office of mental health, within amounts
appropriated therefore, to establish regional child psychiatry access
projects across the state designed to provide primary care providers
with timely access to child psychiatry consultations regarding the
children and adolescents they treat. The teams would consist of a
child psychiatrist and appropriate support staff who would support
primary health care providers in their region regardless of the

patient's insurance status. The teams would answer questions, provide
consultations, make referrals and in some cases provide transitional
support to the child and family until the family can access local
behavioral health services. They may also provide educational and
advocacy services to providers and the mental health community.

Section two provides for an effective date on the 90th day after it
shall have become law.

 JUSTIFICATION :

According to a 1999 report of the Surgeon General "About 20% of
children are estimated to have mental disorders with at least mild
functional impairment." The number of children reported to have
"serious emotional disturbance" are reportedly 59% of children ages 9
to 17. Indications are that these numbers have not changed much over
the last decade and, unfortunately, the vast majority of these
children receive little or no treatment.

A recent report to the Senate Mental Health and Developmental
Disabilities Committee from the NYS Department of Health and Office of
Mental Health on psychiatric drugs for Medicaid beneficiaries age
eighteen and under concluded that "the greatest problem in children's
mental health is that most children needing help get too little, too
late." At the same time as children are suffering untreated, many are
also being treated with medications some of which have not been
approved by the FDA for use in children and adolescents.  While these
medications may provide great benefit there is the potential for
serious adverse side effects.

There is growing concern about appropriate and safe prescribing of
medication to children and adolescents with a mental illness. Part of
the reason that children are not getting the mental health help they
need is that there are significant barriers to referral to behavioral
health providers. The President's New Freedom Commission on Mental
Health reported in 2003 that these barriers included "lack of
available specialists, insurance restrictions, appointment delays and
stigma." The lack of child psychiatrists is a well documented national
problem. In New York State there are many counties without a single
child psychiatrist. Efforts have been made to pilot telepsychiatry as
a way to provide at least some access to rural areas of the state for
consultations and assessments by child psychiatrists. However, more
needs to be done.

Because of the inadequate numbers of child psychiatrists, primary care
practitioners for children and adolescents are often the ones who care
for young people with behavioral and emotional problems.  providing
primary care providers and families with timely access to expert
guidance is essential in helping to make informed decisions about
psychopharmacology and other treatments. This bill aims to provide
that resource through regional child psychiatry access teams.

The bill will address the problems of access, inappropriate
medication, and insurance barriers by establishing regional teams
specialized in child and adolescent behavioral health who will be
available to primary care practitioners to consult, answer questions
and provide support and referrals for their patients.  It is a model
that began in Massachusetts in 2004-05 and has proven very successful.
In Massachusetts there are six regional teams covering the entire
state who are able to respond to the primary care providers in their
region, at no cost to the provider or patient, within about 30 minutes
of a call. The program is not meant to replace emergency services or
on going behavioral health care.  This bill will provide support and
information to primary care providers and timely access to mental
health services for children and adolescents. With such legislation,
"too little, too late," could become a description of the past for the
children of New York State.

 LEGISLATIVE HISTORY :

2008-07- S.7033-A Veto
122

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
90 days after enactment.

2009-S187A - Bill Text download pdf

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

                                 187--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- reported  favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the mental hygiene law, in relation to establishing the
  child psychiatry access project; to amend the tax law, in relation  to
  establishing  a  gift  for the child psychiatry access project; and to
  amend the state finance law, in relation  to  establishing  the  child
  psychiatry access fund

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

  Section 1. The mental hygiene law is amended by adding a  new  section
7.42 to read as follows:
S 7.42 CHILD PSYCHIATRY ACCESS PROJECT.
  (A)  THE OFFICE SHALL, WITHIN AMOUNTS APPROPRIATED THEREFOR, ESTABLISH
OR MAY CONTRACT FOR  THE  ESTABLISHMENT  OF  REGIONAL  CHILD  PSYCHIATRY
ACCESS  PROJECTS ACROSS THE STATE TO PROVIDE PRIMARY CARE PROVIDERS WITH
TIMELY ACCESS TO CHILD PSYCHIATRY CONSULTATIONS IN ORDER TO ASSIST  SUCH
PRIMARY  CARE  PROVIDERS IN MEETING THE MENTAL HEALTH NEEDS OF THE CHIL-
DREN AND ADOLESCENTS AND THEIR FAMILIES.
  (B) REGIONAL TEAMS SHALL CONSIST OF A CHILD PSYCHIATRIST  WITH  APPRO-
PRIATE  SUPPORT  STAFF,  AND BE ESTABLISHED TO PROVIDE CHILD PSYCHIATRIC
TELEPHONE CONSULTATIONS TO PRIMARY CARE PROVIDERS WITHIN THE  DESIGNATED
REGION  RESULTING  IN  ONE OF THE FOLLOWING, DEPENDING UPON THE NEEDS OF
THE CHILD PATIENT AND/OR FAMILY:
  1. RESPONDING TO THE PRIMARY CARE PHYSICIAN'S PATIENT  SPECIFIC  QUES-
TIONS ABOUT BEHAVIORAL HEALTH;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00731-04-9

S. 187--A                           2

  2.  ASSISTING THE FAMILY IN ACCESSING ROUTINE, LOCAL BEHAVIORAL HEALTH
SERVICES, WITH THE UNDERSTANDING THERE MAY BE A WAITING PERIOD;
  3.  PROVIDING  TRANSITIONAL  SUPPORT  TO  THE CHILD PATIENT AND FAMILY
UNTIL THE FAMILY CAN ACCESS ROUTINE, LOCAL BEHAVIORAL HEALTH SERVICES;
  4. MAKING REFERRAL TO A TEAM CHILD PSYCHIATRIST FOR AN  ACUTE  PSYCHO-
PHARMACOLOGIC OR DIAGNOSTIC CONSULTATION.
  (C)  REGIONAL  TEAMS MAY ALSO PROVIDE MENTAL HEALTH RESOURCE SERVICES,
EDUCATIONAL SERVICES, MENTAL HEALTH ADVOCACY AND OTHER RELATED  SERVICES
TO THE PROVIDER AND MENTAL HEALTH COMMUNITY.
  (D) CHILD PSYCHIATRY ACCESS SERVICES PROVIDED UNDER THIS SECTION SHALL
NOT  DISCRIMINATE AGAINST CHILDREN AND FAMILIES, BASED UPON THEIR INSUR-
ANCE STATUS, WHEN SUCH SERVICES ARE ACCESSED THROUGH THEIR PRIMARY  CARE
PROVIDER PRACTICING IN THE REGION.
  S  2.  The tax law is amended by adding a new section 628-a to read as
follows:
  S 628-A. GIFT FOR THE CHILD PSYCHIATRY ACCESS PROJECT.  EFFECTIVE  FOR
ANY TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND NINE, AN
INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY ELECT TO CONTRIBUTE TO THE CHILD
PSYCHIATRY ACCESS FUND. SUCH CONTRIBUTION SHALL BE IN ANY  WHOLE  DOLLAR
AMOUNT  AND  SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDI-
VIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME  TAX
RETURN  FORM  TO  ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT  TO
THIS  SECTION  SHALL  BE PAID TO THE CHILD PSYCHIATRY ACCESS FUND ESTAB-
LISHED PURSUANT TO AND  USED  ONLY  FOR  THOSE  PURPOSES  ENUMERATED  IN
SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
  S  3. The state finance law is amended by adding a new section 89-h to
read as follows:
   S 89-H. CHILD PSYCHIATRY ACCESS FUND. 1. A SPECIAL FUND TO  BE  KNOWN
AS THE "CHILD PSYCHIATRY ACCESS FUND" IS HEREBY ESTABLISHED IN THE JOINT
CUSTODY  OF  THE  STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
FINANCE.
  2. THE FUND SHALL CONSIST OF  ALL  MONEYS  TRANSFERRED  TO  SUCH  FUND
PURSUANT  TO LAW, ALL MONEYS REQUIRED BY ANY PROVISION OF LAW TO BE PAID
INTO OR CREDITED TO THE FUND, ALL MONEYS FROM GIFTS PURSUANT TO  SECTION
SIX  HUNDRED  TWENTY-EIGHT-A  OF  THE  TAX LAW AND ANY INTEREST EARNINGS
WHICH MAY ACCRUE FROM THE INVESTMENT OF  MONEYS  IN  THE  FUND.  NOTHING
CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
GIFTS  OR  BEQUESTS  FOR  THE  PURPOSES  OF  THE FUND AS DEFINED IN THIS
SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  3. MONEYS OF THE FUND, WHEN ALLOCATED, SHALL BE MADE AVAILABLE TO  THE
OFFICE  OF  MENTAL  HEALTH  SOLELY FOR THE PURPOSE OF ESTABLISHING CHILD
PSYCHIATRY PROJECTS PURSUANT TO SECTION 7.42 OF THE MENTAL HYGIENE LAW.
  4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF MENTAL HEALTH.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

2009-S187B (ACTIVE) - Details

Current Committee:: Senate Finance
Laws Affected:: Add §7.42, Ment Hyg L; add §628-a, Tax L; add §89-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3434
2013-2014: S3202
2015-2016: S2639
2017-2018: S2220
2019-2020: S3199
2021-2022: S3033
2023-2024: S7966
2025-2026: S6081

2009-S187B (ACTIVE) - Summary

2009-S187B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S187B

 TITLE OF BILL :
An act to amend the mental hygiene law, in relation to establishing
the child psychiatry access project; to amend the tax law, in relation
to establishing a gift for the child psychiatry access project; and to
amend the state finance law, in relation to establishing the child
psychiatry access fund


 PURPOSE :
This legislation would enhance access to mental health services for
children and adolescents by creating regional teams specializing in
behavioral health to consult with and provide support to primary care
providers caring for children and families dealing with mental health
issues.

 SUMMARY OF PROVISIONS :
Sections one of the bill creates a new section 7.42 of the mental
hygiene law directing the office of mental health, within amounts
appropriated therefore, to establish regional child psychiatry access
projects across the state designed to provide primary care providers
with timely access to child psychiatry consultations regarding the
children and adolescents they treat. The teams would consist of a
child psychiatrist and appropriate support staff who would support
primary health care providers in their region regardless of the

patient's insurance status. The teams would answer questions, provide
consultations,make referrals and in some cases provide transitional
support to the child and family until the family can access local
behavioral health services.  They may also provide educational and
advocacy services to providers and the mental health community.

Section two of the bill adds a new Section 628-a to the Tax Law to
provide for a tax check off for contributions to the child psychiatry
access fund to be included on personal income tax returns beginning in
tax year 2010.

Section three of the bill adds a new section 89-h to establish a child
psychiatry access fund and direct funds to be made available to the
Office of Mental Health to establish child psychiatry projects.

Section four provides for an effective date on the 90th day after it
shall have become law.

 JUSTIFICATION :

According to a 1999 report of the Surgeon General "About 20% of
children are estimated to have mental disorders with at least mild
functional impairment." The number of children reported to have
"serious emotional disturbance" are reportedly 59% of children ages 9
to 17. Indications are that these numbers have not changed much over
the last decade and, unfortunately, the vast majority of these
children receive little or no treatment.

A recent report to the Senate Mental Health and Developmental
Disabilities Committee from the NYS Department of Health and Office of
Mental Health on psychiatric drugs for Medicaid beneficiaries age
eighteen and under concluded that "the greatest problem in children's
mental health is that most children needing help get too little, too
late." At the same time as children are suffering untreated, many are
also being treated with medications some of which have not been
approved by the FDA for use in children and adolescents.  While these
medications may provide great benefit there is the potential for
serious adverse side effects.


There is growing concern about appropriate and safe prescribing of
medication to children and adolescents with a mental illness. Part of
the reason that children are not getting the mental health help they
need is that there are significant barriers to referral to behavioral
health providers. The President's New Freedom Commission on Mental
Health reported in 2003 that these barriers included "lack of
available specialists, insurance restrictions, appointment delays and
stigma." The lack of child psychiatrists is a well documented national
problem. In New York State there are many counties without a single
child psychiatrist. Efforts have been made to pilot telepsychiatry as
a way to provide at least some access to rural areas of the state for
consultations and assessments by child psychiatrists. However, more
needs to be done.

Because of the inadequate numbers of child psychiatrists, primary care
practitioners for children and adolescents are often the ones who care
for young people with behavioral and emotional problems.  Providing
primary care providers and families with timely access to expert
guidance is essential in helping to make informed decisions about
psychopharmacology and other treatments. This bill aims to provide
that resource through regional child psychiatry access teams.

The bill will address the problems of access, inappropriate
medication, and insurance barriers by establishing regional teams
specialized in child and adolescent behavioral health who will be
available to primary care practitioners to consult, answer questions
and provide support and referrals for their patients. It is a model
that began in Massachusetts in 2004-05 and has proven very successful.
In Massachusetts there are six regional teams covering the entire
state who are able to respond to the primary care providers in their
region, at no cost to the provider or patient, within about 30 minutes
of a call.  The program is not meant to replace emergency services or
on going behavioral health care. This bill will provide support and
information to primary care providers and timely access to mental
health services for children and adolescents. With such legislation,
"too little, too late," could become a description of the past for the
children of New York State.

 LEGISLATIVE HISTORY :

2009:     S.187A - Held in Finance, Passed Assembly
2007-08:  S.7033A - Veto
122

 FISCAL IMPLICATIONS :

Self supporting as the bill establishes a tax check off to allow state
income tax filers to donate to the child psychiatry access project
fund.

 EFFECTIVE DATE :
90 days after enactment.

2009-S187B (ACTIVE) - Bill Text download pdf

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

                                 187--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- reported  favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee -- recommitted to the Committee on Mental Health and Developmental
  Disabilities  in  accordance  with  Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the mental hygiene law, in relation to establishing  the
  child  psychiatry access project; to amend the tax law, in relation to
  establishing a gift for the child psychiatry access  project;  and  to
  amend  the  state  finance  law, in relation to establishing the child
  psychiatry access fund

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

  Section  1.  The mental hygiene law is amended by adding a new section
7.42 to read as follows:
S 7.42 CHILD PSYCHIATRY ACCESS PROJECT.
  (A) THE OFFICE SHALL, WITHIN AMOUNTS APPROPRIATED THEREFOR,  ESTABLISH
OR  MAY  CONTRACT  FOR  THE  ESTABLISHMENT  OF REGIONAL CHILD PSYCHIATRY
ACCESS PROJECTS ACROSS THE STATE TO PROVIDE PRIMARY CARE PROVIDERS  WITH
TIMELY  ACCESS TO CHILD PSYCHIATRY CONSULTATIONS IN ORDER TO ASSIST SUCH
PRIMARY CARE PROVIDERS IN MEETING THE MENTAL HEALTH NEEDS OF  THE  CHIL-
DREN AND ADOLESCENTS AND THEIR FAMILIES.
  (B)  REGIONAL  TEAMS SHALL CONSIST OF A CHILD PSYCHIATRIST WITH APPRO-
PRIATE SUPPORT STAFF, AND BE ESTABLISHED TO  PROVIDE  CHILD  PSYCHIATRIC
TELEPHONE  CONSULTATIONS TO PRIMARY CARE PROVIDERS WITHIN THE DESIGNATED
REGION RESULTING IN ONE OF THE FOLLOWING, DEPENDING UPON  THE  NEEDS  OF
THE CHILD PATIENT AND/OR FAMILY:

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

                                                           LBD00731-05-0

S. 187--B                           2

  1.  RESPONDING  TO THE PRIMARY CARE PHYSICIAN'S PATIENT SPECIFIC QUES-
TIONS ABOUT BEHAVIORAL HEALTH;
  2.  ASSISTING THE FAMILY IN ACCESSING ROUTINE, LOCAL BEHAVIORAL HEALTH
SERVICES, WITH THE UNDERSTANDING THERE MAY BE A WAITING PERIOD;
  3. PROVIDING TRANSITIONAL SUPPORT TO  THE  CHILD  PATIENT  AND  FAMILY
UNTIL THE FAMILY CAN ACCESS ROUTINE, LOCAL BEHAVIORAL HEALTH SERVICES;
  4.  MAKING  REFERRAL TO A TEAM CHILD PSYCHIATRIST FOR AN ACUTE PSYCHO-
PHARMACOLOGIC OR DIAGNOSTIC CONSULTATION.
  (C) REGIONAL TEAMS MAY ALSO PROVIDE MENTAL HEALTH  RESOURCE  SERVICES,
EDUCATIONAL  SERVICES, MENTAL HEALTH ADVOCACY AND OTHER RELATED SERVICES
TO THE PROVIDER AND MENTAL HEALTH COMMUNITY.
  (D) CHILD PSYCHIATRY ACCESS SERVICES PROVIDED UNDER THIS SECTION SHALL
NOT DISCRIMINATE AGAINST CHILDREN AND FAMILIES, BASED UPON THEIR  INSUR-
ANCE  STATUS, WHEN SUCH SERVICES ARE ACCESSED THROUGH THEIR PRIMARY CARE
PROVIDER PRACTICING IN THE REGION.
  S 2. The tax law is amended by adding a new section 628-a to  read  as
follows:
  S  628-A.  GIFT FOR THE CHILD PSYCHIATRY ACCESS PROJECT. EFFECTIVE FOR
ANY TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN,  AN
INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY ELECT TO CONTRIBUTE TO THE CHILD
PSYCHIATRY ACCESS FUND. SUCH CONTRIBUTION SHALL BE IN ANY  WHOLE  DOLLAR
AMOUNT  AND  SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDI-
VIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME  TAX
RETURN  FORM  TO  ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT  TO
THIS  SECTION  SHALL  BE PAID TO THE CHILD PSYCHIATRY ACCESS FUND ESTAB-
LISHED PURSUANT TO AND  USED  ONLY  FOR  THOSE  PURPOSES  ENUMERATED  IN
SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
  S  3. The state finance law is amended by adding a new section 89-h to
read as follows:
   S 89-H. CHILD PSYCHIATRY ACCESS FUND. 1. A SPECIAL FUND TO  BE  KNOWN
AS THE "CHILD PSYCHIATRY ACCESS FUND" IS HEREBY ESTABLISHED IN THE JOINT
CUSTODY  OF  THE  STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
FINANCE.
  2. THE FUND SHALL CONSIST OF  ALL  MONEYS  TRANSFERRED  TO  SUCH  FUND
PURSUANT  TO LAW, ALL MONEYS REQUIRED BY ANY PROVISION OF LAW TO BE PAID
INTO OR CREDITED TO THE FUND, ALL MONEYS FROM GIFTS PURSUANT TO  SECTION
SIX  HUNDRED  TWENTY-EIGHT-A  OF  THE  TAX LAW AND ANY INTEREST EARNINGS
WHICH MAY ACCRUE FROM THE INVESTMENT OF  MONEYS  IN  THE  FUND.  NOTHING
CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
GIFTS  OR  BEQUESTS  FOR  THE  PURPOSES  OF  THE FUND AS DEFINED IN THIS
SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  3. MONEYS OF THE FUND, WHEN ALLOCATED, SHALL BE MADE AVAILABLE TO  THE
OFFICE  OF  MENTAL  HEALTH  SOLELY FOR THE PURPOSE OF ESTABLISHING CHILD
PSYCHIATRY PROJECTS PURSUANT TO SECTION 7.42 OF THE MENTAL HYGIENE LAW.
  4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF MENTAL HEALTH.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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Senate Bill S187

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Mar 10, 2010 - Committee Vote

Committee Vote: Mar 10, 2010

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Sponsored By

Thomas P. Morahan

Archive: Last Bill Status - In Senate Committee Finance Committee

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2009-S187 - Details

2009-S187 - Summary

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2009-S187A - Details

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