S T A T E   O F   N E W   Y O R K
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                                  3720

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by M. of A. P. RIVERA, AUBRY, LUPARDO, TITUS, LIFTON, ROBIN-
  SON, WEISENBERG,  N. RIVERA,  MILLMAN,  PEOPLES-STOKES,  SCHROEDER  --
  Multi-Sponsored  by  --  M. of A.   BRENNAN, COOK, GOTTFRIED, GUNTHER,
  HEASTIE, LAVINE, PHEFFER, J. RIVERA -- read once and referred  to  the
  Committee on Mental Health

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.

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

A. 3720                             2

  S 2. Short title. This act shall be known and  may  be  cited  as  the
"minority mental health act".
  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

A. 3720                             3

EXPERIENCE RELATED TO THE PROVISION OR RECEIPT OF MINORITY SERVICES  AND
SHALL  BE  REFLECTIVE OF THE DIVERSITY OF THE STATE'S POPULATION INCLUD-
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.