senate Bill S58

2011-2012 Legislative Session

Enacts the "behavioral health and long-term care act"

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to mental health and developmental disabilities
Mar 23, 2011 reported and committed to finance
Feb 22, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to mental health and developmental disabilities

Votes

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Mar 23, 2011 - Mental Health and Developmental Disabilities committee Vote

S58
5
1
committee
5
Aye
1
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Mar 23, 2011

nay (1)
aye wr (3)
excused (1)

S58 - Bill Details

Current Committee:
Law Section:
Mental Hygiene
Versions Introduced in 2009-2010 Legislative Session:
S3341C

S58 - Bill Texts

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Enacts the "behavioral health and long-term care act"; provides for the establishment of a behavioral health and long-term care plan.

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BILL NUMBER:S58 REVISED 12/30/11

TITLE OF BILL:
An act to enact the "behavioral health and long-term care act"
providing for the establishment of a behavioral health and long-term
care plan

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure that adults who have mental
health and/or substance abuse and physical health needs are provided
the opportunity to have their needs met using a comprehensive
approach.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 Short Title "Behavioral Health and Long Term Care Act".

Section 2 Requires the Commissioner of the Office of Mental Health in
consultation with the Commissioner of the Department of Health, the
Commissioner of the Office of Alcoholism and Substance Abuse Services,
and the Director of the State Office for the Aging to develop and
implement a behavioral health and long-term care plan which must
include coordination of provider services and interagency referrals,
recommendations for integrating and coordinating federal, state and
local funding, recommendations for facilitating research on best
practices and model programs, an increase in alternatives to nursing
homes, and supports for family caregivers. This bill would also
require the plan to create specific actions to be taken, the number of
people to be served, measurable phases, and a time schedule. The
provisions of this plan must also be included in the statewide
comprehensive plan of service for the mentally disabled pursuant to
section 5.07 of the Mental Hygiene Law. This bill would require the
Commissioner of the Office of Mental Health to submit a report to the
Governor, the Temporary President of the Senate and the Speaker of the
Assembly by October 1, 2013 and annually until 2021.

Section 3 - Effective Date

JUSTIFICATION:
Data from the Center for Medicare and Medicaid Services indicate that
35% of individuals in nursing homes are clinically depressed and 17%
have other psychiatric diagnoses. Similarly, a 2002 study of home
health care patients found that 13.7% suffered from major depression
and an additional 10.6% suffered from minor depression. Of those with
major depression, only 12.3% received adequate treatment. Only 3% of
older adults in the community without a chronic physical illness have
major depression, however once a chronic physical illness is added
that rate jumps to 7%. If the person requires home health care the
rate of major depression doubles to 14%, and if the person needs a
nursing home the rate doubles again to 30%.

In New York State, individuals receive long-term care through programs
offered through one of four state agencies: the Office of Mental
Health, the Office of Mental Retardation and Developmental
Disabilities, the Department of Health, or the State Office for the
Aging. It is uncommon for an individual to receive services from a


staff who has been cross- trained, or by a program that offers mental
health services and care for physical health.

It is well known that demographics in New York State are changing. In
fact, New York State citizens who are over the age of 65 will double
from 35 million to 70 million by 2030. Not only will the need for
long- term care increase, but long-term care that offers mental health
and substance abuse treatment and is responsive to developmental
disabilities will be absolutely necessary. New York State must plan
now to meet the multiple needs of this vulnerable population.

PRIOR LEGISLATIVE HISTORY:
2011: S.58 - Reported and Committed to Finance/A.4496 - Referred
to Health
2010: S.3341A - Reported and Committed to Finance; Amended (T) S.3341C
and Recommitted to Finance/A.7027C - Reported Referred to Ways and
Means.
2009: S.3341 - Reported and Committed to Finance/A.7027 - Reported
Referred to Ways and Means.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
Sixty days after enactment.

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

                                   58

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to enact the "behavioral health and long-term care act" providing
  for the establishment of a behavioral health and long-term care plan

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "behavioral health and long-term care act".
  S 2.  The behavioral health and long-term care plan.  1.  The  commis-
sioner of mental health, in conjunction with the commissioner of health,
the  commissioner  of  alcoholism  and  substance abuse services and the
director of the office for the aging,  shall  develop  and  monitor  the
implementation of a behavioral health and long-term care plan. A subcom-
mittee  may  be  established  through  the  interagency geriatric mental
health and chemical dependency planning council to assist in the  devel-
opment of such plan.
  (a)  The  behavioral health and long-term care plan shall include, but
not be limited to:
  (i) Coordination of provider services  and  interagency  referrals  of
persons  with a mental illness and/or chemical dependence, as defined in
section 1.03 of the mental hygiene law, other than and  in  addition  to
dementia, who are in or who may be in need of long-term care,
  (ii)  Recommendations  for integrating and coordinating federal, state
and local funding sources for behavioral health and long-term care,
  (iii) Recommendations for facilitating research on best practices  and
model programs, and the dissemination of such information,
  (iv)  An  increase  in  alternatives  to nursing homes for adults with
mental illness and/or chemical dependence who also need long-term  care,
and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00245-01-1

S. 58                               2

  (v)  Support  services  for  family  caregivers who assist adults with
mental illness and/or chemical dependence who also need  long-term  care
in  the community rather than in institutions such as adult homes, nurs-
ing homes or psychiatric inpatient units.
  (b)  The  behavioral  health and long-term care plan shall provide for
specific actions to be taken  for  its  implementation,  the  number  of
people  to  be  served,  measurable phases for the implementation, and a
time schedule for the achievement of such phases.
  (c) The provisions of the behavioral health and  long-term  care  plan
shall  be  included  in the statewide comprehensive plan of services for
the mentally disabled pursuant to section 5.07  of  the  mental  hygiene
law.
  2.  On  or  before  October 1, 2013, the commissioner of mental health
shall submit a report to the governor, the temporary  president  of  the
senate,  and  the speaker of the assembly. On or before October 1, 2014,
and annually until 2021, the commissioner of mental health shall  submit
a report to the governor, the temporary president of the senate, and the
speaker of the assembly regarding the implementation of the plan includ-
ing the number of people served and other measurable outcomes.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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