Senate Bill S58

                                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.