S T A T E O F N E W Y O R K
________________________________________________________________________
5986--A
2013-2014 Regular Sessions
I N S E N A T E
November 15, 2013
___________
Introduced by Sens. LIBOUS, RITCHIE, BONACIC, BOYLE, DeFRANCISCO,
FARLEY, FLANAGAN, GALLIVAN, LAVALLE, LITTLE, MARCELLINO, MAZIARZ,
O'MARA, SEWARD, ZELDIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- 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 commit-
tee
AN ACT to amend chapter 56 of the laws of 2012, amending the mental
hygiene law and other laws relating to the office for people with
developmental disabilities and the office of mental health, in
relation to delaying the closure and consolidation of facilities oper-
ated by such offices
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 "freeze unsafe closures now act".
S 2. Legislative findings. The legislature hereby finds that the state
has recently announced its intent to downsize and close numerous facili-
ties operated by the office of mental health and the office for people
with developmental disabilities. These facilities provide inpatient
services to individuals with serious mental illness or developmental
disabilities who are very frail, who are dangerous or violent, or who
are children and adolescents. The stated purpose of these closures is
to achieve full community integration of the mentally ill and develop-
mentally disabled individuals residing throughout the state in accord-
ance with the Supreme Court decision in Olmstead. Olmstead v. L.C., 527
U.S. 581 (1999), is a United States Supreme Court case regarding
discrimination against people with mental disabilities, which held that
under the Americans with Disabilities Act (ADA), individuals with mental
disabilities have the right to live in the community rather than in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13050-04-4
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institutions, if in the words of the opinion of the court, "the State's
treatment professionals have determined that community placement is
appropriate, the transfer from institutional care to a less restrictive
setting is not opposed by the affected individual, and the placement can
be reasonably accommodated, taking into account the resources available
to the State and the needs of others with mental disabilities". The
court also stated that "We emphasize that nothing in the ADA or its
implementing regulations condones termination of institutional settings
for persons unable to handle or benefit from community settings".
These closures would result in the loss of much-needed inpatient beds
without adequate planning for community-based, state-provided alterna-
tives. This plan also reduces innovative programs that include family
involvement or behavior modification for the mentally ill and the devel-
opmentally disabled. For mentally ill and developmentally disabled
consumers, their safety net has been cut. The termination of services
to these individuals by the state will have a dramatic unforeseen impact
by forcing state employees to move to new communities, disrupting care
for fragile consumers, increasing incidents of individuals with violent
tendencies to victimize children and others, the overburdening of hospi-
tal emergency rooms, and inundating local correctional facilities with
many new inmates.
The legislature hereby finds that closure of these facilities is not
required by the Olmstead decision and other federal mandates to achieve
full community integration of the mentally ill and the developmentally
disabled. The state will not achieve significant savings by shutting
the doors of these vital facilities; unfortunately, there is a very
significant chance the individuals being affected by these closures will
turn up in our criminal justice system and/or health care facilities.
The purpose of this act shall be to postpone action providing for the
closure of facilities operated by the office of mental health and the
office for people with developmental disabilities until April 1, 2015 so
more adequate planning and collaboration can occur.
S 3. Sections 20 and 21 of part J of chapter 56 of the laws of 2012,
amending the mental hygiene law and other laws relating to the office
for people with developmental disabilities and the office of mental
health, are amended to read as follows:
S 20. The commissioner of [the office for people with] developmental
disabilities shall provide notification to the temporary president of
the senate and the speaker of the assembly sixty days prior to a
reduction in capacity of twenty persons or more or closure of a develop-
mental center or other institutional setting which is subject to such
reduction or closure pursuant to such commissioner's planned downsizing
and closing of institutional capacity. PROVIDED, HOWEVER, THAT NO STATE
OPERATED FACILITY SHALL BE REDUCED IN CAPACITY OR CLOSED BY THE OFFICE
FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES PURSUANT TO THIS ACT PRIOR TO
OCTOBER 1, 2015.
S 21. This act shall take effect immediately, provided however, that
on or before May 31, 2012 the office for people with developmental disa-
bilities shall submit a report to the temporary president of the senate
and the speaker of the assembly on implementation related to the
restructuring of developmental disabilities services offices. The office
shall also publish the report on the office's website. The report shall
include but not be limited to: the plan timeline for transition of each
of the developmental disabilities service offices into a state oper-
ations offices of the office for people with developmental disabilities;
the location of each state operations office, its catchment area, and a
S. 5986--A 3
list of services that will be administered under its jurisdiction; and
the location of each developmental disabilities regional office, its
catchment area, and a list of programs under its jurisdiction; and
provided further that section twenty of this act shall expire and be
deemed repealed on [March 31, 2013] OCTOBER 1, 2015.
S 4. Sections 2 and 4 of part O of chapter 56 of the laws of 2012,
amending the mental hygiene law and other laws relating to the office
for people with developmental disabilities and the office of mental
health, section 4 as amended by section 2 of part H of chapter 56 of the
laws of 2013, are amended to read as follows:
S 2. Notwithstanding the provisions of subdivisions (b) and (e) of
section 7.17 of the mental hygiene law, section 41.55 of the mental
hygiene law, or any other law to the contrary, the office of mental
health is authorized, ON AND AFTER OCTOBER 1, 2015, to close, consol-
idate, reduce, transfer or otherwise redesign services of hospitals,
other facilities and programs operated by the office of mental health,
and to implement significant service reductions and reconfigurations
according to this section as shall be determined by the commissioner of
mental health to be necessary for the cost-effective and efficient oper-
ation of such hospitals, other facilities and programs. One of the
intents of actions taken that result in closure, consolidation,
reduction, transfer or other redesign of services of hospitals is to
reinvest savings such that, to the extent practicable, comparable or
greater levels of community based mental health services will be
provided to persons with mental illness in need of services within the
catchment areas of such hospitals, as determined by the commissioner of
mental health with approval from the director of the division of the
budget.
(a) In addition to the closure, consolidation or merger of one or more
facilities, the commissioner of mental health is authorized, ON AND
AFTER OCTOBER 1, 2015, to perform any significant service reductions
that would reduce inpatient bed capacity by up to 400 beds, which shall
include but not be limited to, closures of wards at a state-operated
psychiatric center or the conversion of beds to transitional placement
programs, provided that the commissioner provide at least 45 days notice
of such reductions to the temporary president of the senate and the
speaker of the assembly and simultaneously post such notice upon its
public website. In assessing which significant service reductions to
undertake, the commissioner shall consider data related to inpatient
census, indicating nonutilization or under utilization of beds, and the
efficient operation of facilities.
(b) At least 75 days prior to the anticipated closure, consolidation
or merger of any hospitals named in subdivision (b) of section 7.17 of
the mental hygiene law, the commissioner of mental health shall provide
notice of such closure, consolidation or merger to the temporary presi-
dent of the senate, and speaker of the assembly, the chief executive
officer of the county in which the facility is located, and shall post
such notice upon its public website. The commissioner shall be author-
ized to conduct any and all preparatory actions which may be required to
effectuate such closures during such 75 day period. In assessing which
of such hospitals to close, the commissioner shall consider the follow-
ing factors: (1) the size, scope and type of services provided by the
hospital; (2) the relative quality of the care and treatment provided by
the hospital, as may be informed by internal or external quality or
accreditation reviews; (3) the current and anticipated long-term need
for the types of services provided by the facility within its catchment
S. 5986--A 4
area, which may include, but not be limited to, services for adults or
children, or other specialized services, such as forensic services; (4)
the availability of staff sufficient to address the current and antic-
ipated long term service needs; (5) the long term capital investment
required to ensure that the facility meets relevant state and federal
regulatory and capital construction requirements, and national accredi-
tation standards; (6) the proximity of the facility to other facilities
with space that could accommodate anticipated need, the relative cost of
any necessary renovations of such space, the relative potential operat-
ing efficiency of such facilities, and the size, scope and types of
services provided by the other facilities; (7) anticipated savings based
upon economies of scale or other factors; (8) community mental health
services available in the facility catchment area and the ability of
such community mental health services to meet the behavioral health
needs of the impacted consumers; (9) the obligations of the state to
place persons with mental disabilities in community settings rather than
in institutions, when appropriate; and (10) the anticipated impact of
the closure on access to mental health services.
(c) Any transfers of inpatient capacity or any resulting transfer of
functions shall be authorized to be made by the commissioner of mental
health and any transfer of personnel upon such transfer of capacity or
transfer of functions shall be accomplished in accordance with the
provisions of section 70 of the civil service law ON AND AFTER OCTOBER
15, 2015.
S 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012; provided
that the date for any closure or consolidation pursuant to this act
shall be on a date certified by the commissioner of mental health; and
provided further, however, that SECTION TWO OF this act shall expire and
be deemed repealed [March 31, 2013] OCTOBER 1, 2015.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2013.
