senate Bill S890

2013-2014 Legislative Session

Establishes peer crisis diversion residences

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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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Jan 08, 2014 referred to mental health and developmental disabilities
Jan 09, 2013 referred to mental health and developmental disabilities

S890 - Bill Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง31.34, Ment Hyg L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3017
2009-2010: S5012

S890 - Bill Texts

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Establishes peer crisis diversion homes.

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BILL NUMBER:S890

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to establishing peer crisis
diversion homes

PURPOSE:
To create peer crisis diversion homes which would provide short term
peer support to individuals in psychiatric crisis who can be served
outside of a hospital with the goal of helping them stabilize and
re-enter into independent living.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 31.34 of the mental hygiene
law directing the Commission of OMH to establish no less than 6 Peer
Crisis diversion homes within one year of enactment, of which 3 shall
be in rural areas and 3 in urban areas. The homes are designed to
provide short term peer support to individuals in crisis who can be
served outside of a hospital with the goal of helping them stabilize
and re-enter into independent living. The services would be voluntary
and provided by peer support specialists who have previously
experienced urgent behavioral health needs and recovered and who have
completed training approved by the Commissioner. Similarly, the
governing body of such homes would consist of individuals who have
previously experienced urgent behavioral health needs and recovered.

Section 2 of the bill provides for an immediate effective date.

EXISTING LAW:
Since the late 1980's NYS has had the Comprehensive psychiatric
emergency programs CPEP (Section 31.27 of the mental hygiene law)
which were designed to manage psychiatric crisis and envisioned to
include crisis residence services.

JUSTIFICATION:
Our nation's psychiatric emergency system is in crisis Community
mental health resources across the nation have become progressively
more scarce in the Past several decades and people with psychiatric
disabilities have increasingly turned towards emergency rooms (ERs)
at a great cost to society both fiscally and socially.

Emergency rooms are stretched to the breaking point. There is limited
physical space and limited staff and this has resulted in a dramatic
increase in wait time in the ERs. A 2008 study in Health Affairs,
The Policy Journal of The Health Sphere showed a 4.1% increase per
year in
ER wait time between 1997 and 2004, with ethnic minorities, women and
patients in urban ERs waiting longer than other patients.

The tragic death of Ms. Esmin Green in 2008 at the Kings County
Emergency Room in Brooklyn New York is an example of the consequences
of such overcrowding.

To support the community integration of people with psychiatric
disabilities and solve the problems defined above, experts have


consistently called for innovative cost effective community based
alternatives to the crisis in our psychiatric emergency response
system. Through the use of peer crisis diversion homes, New York
State can become a national leader in the delivery of innovative
crisis services for people with psychiatric emergencies. These
peer-operated homes will be designed to assist people with
psychiatric disabilities in diverting from psychiatric distress which
would otherwise have lead to a hospitalization. Equipped with a
variety of traditional self-help and proactive tools to maintain
wellness, clinical staff and trained peer companions will assist
residents in learning self-help tools with the underlying goal of
avoiding future emergency room and inpatient hospitalizations.

For several years a not-for profit has run a hospital division program
called Rose House for residents of Orange and Ulster Counties which
is similar to the peer crisis diversion homes envisioned in this
bill. This bill expands upon the Rose House model thus filling a gap
in the mental health system and helping individuals break the cycle
of often chronic unnecessary, ineffective and expensive
hospitalizations.

LEGISLATIVE HISTORY:
2011-12: S.3017 - Died in Mental Health
2009-2010 S.5012/A.8165 - Referred to Finance

FISCAL IMPLICATIONS:
Minimal with savings as expensive ER visits are averted.

EFFECTIVE DATE:
Immediately.

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

                                   890

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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 peer
  crisis diversion homes

  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
31.34 to read as follows:
S 31.34 PEER CRISIS DIVERSION HOMES.
  (A) FOR THE PURPOSES OF THIS SECTION:
  (1) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF MENTAL HEALTH;
  (2) "CRISIS  DIVERSION  SERVICES"  SHALL  MEAN  SERVICES  DESIGNED  TO
PROVIDE  A PERSON WHO HAS BEHAVIORAL HEALTH DISORDERS AND WHO IS EXPERI-
ENCING SYMPTOMS, A SAFE, SUPPORTIVE AND AFFIRMING  HOME-LIKE,  TEMPORARY
RESIDENCE  WHERE  THE  PERSON MAY BEGIN THE RECOVERY PROCESS, UNDERSTAND
THE MEANING OF WHAT THE PERSON IS EXPERIENCING  AND  REGAIN  EQUILIBRIUM
AND  THE ABILITY TO RELATE EFFECTIVELY TO OTHER PEOPLE. CRISIS DIVERSION
SERVICES INCLUDE PEER SUPPORT WITH AN EMPHASIS ON  RELATIONSHIP-BUILDING
AND PERSONAL CHOICE;
  (3)  "PEER  SUPPORT SPECIALIST" SHALL MEAN A PERSON WHO HAS PREVIOUSLY
EXPERIENCED URGENT BEHAVIORAL HEALTH NEEDS AND HAS RECOVERED AND WHO HAS
SUCCESSFULLY COMPLETED TRAINING THAT HAS BEEN APPROVED  BY  THE  COMMIS-
SIONER, QUALIFYING THAT PERSON TO WORK WITH A RESIDENT;
  (4)  "RESIDENT"  SHALL MEAN AN ADULT WHO HAS EXPERIENCED URGENT BEHAV-
IORAL HEALTH NEEDS BUT DOES NOT REQUIRE HOSPITALIZATION AND  WHO  VOLUN-
TARILY RESIDES FOR A SHORT TERM STAY IN A PEER CRISIS DIVERSION HOME;
  (5)  "PEER  CRISIS  DIVERSION HOME" SHALL MEAN A HOME-LIKE ENVIRONMENT
THAT OFFERS CRISIS DIVERSION SERVICES BY TEMPORARILY  HOUSING  VOLUNTARY
RESIDENTS  WHO  ENGAGE  IN  ROUTINE ACTIVITIES OF DAILY LIVING AND LEARN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02818-01-3

S. 890                              2

ABOUT TOOLS FOR  RECOVERY  THROUGH  EXPERIENCE  AND  PEER  SUPPORT.  THE
GOVERNING  BODY  OF SUCH HOME SHALL CONSIST OF CURRENT OR FORMER RECIPI-
ENTS OF MENTAL HEALTH SERVICES AND SHALL  CONTROL  THE  DECISION  MAKING
PROCESSES  OF  THE  ORGANIZATION,  INCLUDING  CONTROL  OF ALL BUDGET AND
PERSONNEL MANAGEMENT RELATED TO THE PEER CRISIS DIVERSION HOME.
  (B) THE COMMISSIONER SHALL PROVIDE FORMAL GUIDELINES FOR TRAINING  AND
CREDENTIALING  OF  A  PEER  SUPPORT  SPECIALIST, PROVIDED THAT EACH PEER
SUPPORT SPECIALIST SHALL PERSONALLY HAVE EXPERIENCED  URGENT  BEHAVIORAL
HEALTH NEEDS AND SHALL BE CERTIFIED AS COMPLETING TRAINING IN DE-ESCALA-
TION TECHNIQUES, CULTURAL COMPETENCY, RACE RELATIONS, THE RECOVERY PROC-
ESS, SUBSTANCE ABUSE, AND AVOIDANCE OF AGGRESSIVE CONFRONTATION PRIOR TO
WORKING AT A PEER CRISIS DIVERSION HOME.
  (C) THE COMMISSIONER SHALL, WITHIN ONE YEAR OF ENACTMENT, ESTABLISH OR
CONTRACT FOR THE ESTABLISHMENT OF NO LESS THAN SIX PEER CRISIS DIVERSION
HOMES,  THREE  OF  WHICH  SHALL  BE IN URBAN SETTINGS AND THREE OF WHICH
SHALL BE IN RURAL COMMUNITIES. SUCH HOMES SHALL BE  RECIPIENT-RUN  HOMES
AND  MAY BE ASSOCIATED WITH COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAMS
ESTABLISHED PURSUANT TO SECTION 31.27 OF THIS ARTICLE.
  (D) A PEER CRISIS DIVERSION HOME, AS AUTHORIZED BY THIS SECTION, SHALL
OFFER CRISIS DIVERSION SERVICES THAT:
  (1) SERVE RESIDENTS REGARDLESS OF INCOME;
  (2) ARE STAFFED TWENTY-FOUR HOURS A DAY BY TWO OR  MORE  PEER  SUPPORT
SPECIALISTS;
  (3) EMPLOY A LICENSED CLINICIAN FULL TIME AND A PSYCHIATRIC CONSULTANT
AT LEAST PART TIME;
  (4)  INCLUDE  PEER  SUPPORT  IN HELPING RESIDENTS PERFORM DAILY PUBLIC
LIVING SKILLS AND REENTRY INTO INDEPENDENT LIVING;
  (5) OFFER A MIX  OF  THERAPEUTIC  SERVICES,  INCLUDING  NONTRADITIONAL
TOOLS FOR WELLNESS AND TRADITIONAL BEHAVIORAL HEALTH SERVICES;
  (6) ACCEPT A RESIDENT ON A FIRST-COME, FIRST-SERVED BASIS FOR A TEMPO-
RARY  STAY PROVIDED THEY HAVE ALTERNATE LONG TERM HOUSING OPTIONS AVAIL-
ABLE;
  (7) USE INTERPERSONAL RELATIONSHIP AND CONNECTION TO THE COMMUNITY  AS
PRIMARY MODALITIES OF CARE;
  (8)  BASE  LENGTH  OF  STAY  ON  THE PSYCHOLOGICAL STATE OF RESIDENTS,
PROVIDED THAT SUCH STAY SHALL BE SHORT TERM WITH THE UNDERSTANDING  THEY
ARE  ABLE AND WILLING TO LIVE IN MORE INDEPENDENT SETTINGS AND TO RESUME
THEIR DESIRED ROLES IN THE COMMUNITY; AND
  (9) ARE A PART OF A SYSTEM OF CARE  CONTINUUM  IN  THE  COMMUNITY  AND
STATE  AIMED  AT  DIVERTING  INDIVIDUALS  EXPERIENCING BEHAVIORAL HEALTH
CRISIS FROM MORE INTENSIVE HOSPITAL BASED CARE AND TREATMENT BY  PROVID-
ING  PEER SUPPORT SERVICES IN A HOME-LIKE SETTING FOR SHORT TERM, TEMPO-
RARY STAYS.
  (E) AS EARLY AS POSSIBLE, A PEER SUPPORT  SPECIALIST  SHALL  ASSIST  A
RESIDENT OF A PEER CRISIS HOME WITH ACCESSING A SERVICE PROVIDER WHO MAY
COORDINATE CARE AND OTHERWISE PROVIDE SUPPORT FOR SUCH RESIDENT UPON THE
COMPLETION OF SUCH RESIDENT'S STAY AT A PEER CRISIS DIVERSION HOME.
  (F)  PEER  CRISIS  DIVERSION HOMES SHALL CONSULT WITH COMMUNITY STAKE-
HOLDERS, INCLUDING THOSE WHO USE THE BEHAVIORAL HEALTH SYSTEM AND  THEIR
FAMILY  MEMBERS, PROVIDERS OF BEHAVIORAL HEALTH SERVICES, WHETHER TRADI-
TIONAL OR ALTERNATIVE, ADVOCATES, AND OTHERS WITH SUBJECT MATTER  EXPER-
TISE,  AS  PART OF THE PLANNING AND DEVELOPMENT OF PEER CRISIS DIVERSION
HOMES.
  (G) PEER CRISIS DIVERSION HOMES SHALL PARTICIPATE IN COUNTY AND COMMU-
NITY PLANNING ACTIVITIES ANNUALLY, AND AS NEEDED, IN  ORDER  TO  PARTIC-
IPATE IN LOCAL COMMUNITY SERVICE PLANNING PROCESSES TO ENSURE, MAINTAIN,

S. 890                              3

IMPROVE   OR   DEVELOP  COMMUNITY  SERVICES  THAT  DEMONSTRATE  RECOVERY
OUTCOMES. THESE OUTCOMES INCLUDE, BUT ARE NOT  LIMITED  TO,  QUALITY  OF
LIFE,  SOCIO-ECONOMIC  STATUS,  ENTITLEMENT  STATUS,  SOCIAL NETWORKING,
COPING SKILLS AND REDUCTION IN USE OF CRISIS SERVICES.
  S 2. This act shall take effect immediately.

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