Senate Bill S5210A

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

                                 5210--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 7, 2015
                               ___________

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

AN  ACT  to  amend  chapter  408 of the laws of 1999 amending the mental
  hygiene law and other laws  relating  to  enacting  Kendra's  Law,  in
  relation  to  grants for mental illness and chemical dependence treat-
  ment services during the pendency of a medical assistance  eligibility
  determination

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

  Section 1. Section 15 of chapter 408 of the laws of 1999 amending  the
mental  hygiene law and other laws relating to enacting Kendra's Law, is
amended to read as follows:
  S 15. (a) Within amounts appropriated therefor,  the  commissioner  of
mental  health  shall  provide grants to each county and the city of New
York, which  shall be used by each such county or city, to provide medi-
cation, and other services necessary to prescribe and administer medica-
tion to treat mental illness during the pendency of a medical assistance
eligibility  determination.  Such  eligibility  determination  shall  be
completed  in  a timely and expeditious manner as required by applicable
regulations of the commissioner of health. Counties or  the  city  shall
use  such  grants  to  provide  medications  prescribed  to treat mental
illness for individuals for whom the process  of  applying  for  medical
assistance  benefits  has  been commenced prior to or within one week of
discharge or release and who[: (1)] are discharged from a  hospital,  as
defined in section 1.03 of the mental hygiene law[, or (2) have received
services  in  or  from  a  forensic  or  similar mental health unit of a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10915-02-6

              

S. 5210--A                          2

correctional facility or  local  correctional  facility  as  defined  in
section two of the correction law].
  (b) Such grants to provide medications shall be subject to the commis-
sioner's  approval  and  supervision  of an efficient and effective plan
submitted by a county or the city of New York. Such plans shall include,
but not be limited to, the following: (i) the process by which the coun-
ty or the city of New York  will  improve  the  timely  and  expeditious
filing  of  medical assistance applications and coordinate the filing of
applications  for  other  public  benefits  for  which  the   population
described  in  subdivision (a) of this section may be eligible; (ii) the
process by which medications prescribed to treat mental illness for such
individuals will be  available  at  or  near  the  time  of  release  or
discharge;  (iii)  a  specific  description of the process by which such
individuals will be referred to a county or city provider, or a provider
which contracts with the county or city, to  provide  medication  at  or
near  the  time of release or discharge; and (iv) the process to provide
information necessary for the New York state office of mental health  to
file appropriate medical assistance claims.
  (c)  WITHIN  AMOUNTS APPROPRIATED THEREFOR, THE COMMISSIONER OF MENTAL
HEALTH SHALL PROVIDE GRANTS TO EACH COUNTY AND THE  CITY  OF  NEW  YORK,
WHICH  SHALL  BE  USED  BY  EACH  SUCH COUNTY OR CITY, TO PROVIDE MENTAL
ILLNESS AND CHEMICAL ABUSE SERVICES NECESSARY TO  TREAT  MENTAL  ILLNESS
AND  CHEMICAL  DEPENDENCE  DURING  THE  PENDENCY OF A MEDICAL ASSISTANCE
ELIGIBILITY  DETERMINATION.  SUCH  ELIGIBILITY  DETERMINATION  SHALL  BE
COMPLETED  IN  A TIMELY AND EXPEDITIOUS MANNER AS REQUIRED BY APPLICABLE
REGULATIONS OF THE COMMISSIONER OF HEALTH. SUCH COUNTIES OR  CITY  SHALL
USE  SUCH  GRANTS  TO PROVIDE SUCH SERVICES FOR INDIVIDUALS FOR WHOM THE
PROCESS OF APPLYING FOR MEDICAL ASSISTANCE BENEFITS HAS  BEEN  COMMENCED
PRIOR  TO  OR  WITHIN  ONE  WEEK  OF  DISCHARGE  OR RELEASE AND WHO HAVE
RECEIVED SIMILAR SERVICES TO TREAT MENTAL ILLNESS AND  CHEMICAL  DEPEND-
ENCE  IN  A  CORRECTIONAL  FACILITY  OR  LOCAL  CORRECTIONAL FACILITY AS
DEFINED IN SECTION 2 OF THE CORRECTION LAW. ELIGIBILITY FOR  THE  GRANTS
PROGRAM  WILL  BE FOR 60 DAYS AFTER RELEASE, OR FINAL MEDICAL ASSISTANCE
ELIGIBILITY DETERMINATION, WHICHEVER IS SOONER.
  (D) SUCH GRANTS SHALL BE SUBJECT TO THE  COMMISSIONER'S  APPROVAL  AND
SUPERVISION  OF AN EFFICIENT AND EFFECTIVE PLAN SUBMITTED BY A COUNTY OR
THE CITY OF NEW YORK. SUCH PLANS SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
THE  FOLLOWING:  (I)  THE PROCESS BY WHICH THE COUNTY OR THE CITY OF NEW
YORK WILL IMPROVE THE TIMELY AND EXPEDITIOUS FILING OF  MEDICAL  ASSIST-
ANCE  APPLICATIONS  AND  COORDINATE THE FILING OF APPLICATIONS FOR OTHER
PUBLIC BENEFITS FOR WHICH THE POPULATION DESCRIBED IN SUBDIVISION (A) OF
THIS SECTION MAY BE ELIGIBLE; (II) A SPECIFIC DESCRIPTION OF THE PROCESS
BY WHICH SUCH INDIVIDUALS WILL BE REFERRED TO A COUNTY OR CITY PROVIDER,
OR A PROVIDER WHICH CONTRACTS WITH THE COUNTY OR CITY, TO PROVIDE MENTAL
ILLNESS AND CHEMICAL ABUSE SERVICES, INCLUDING HEALTH HOMES AT  OR  NEAR
THE  TIME  OF  RELEASE  OR  DISCHARGE;  AND (III) THE PROCESS TO PROVIDE
INFORMATION NECESSARY FOR THE NEW YORK STATE OFFICE OF MENTAL HEALTH  TO
FILE APPROPRIATE MEDICAL ASSISTANCE CLAIMS.
  (E) Further, upon application of a county or the city of New York, and
within  the  amounts  appropriated  therefor, the commissioner of mental
health shall be authorized to provide grants to such county or  city  to
be  used  to  assist the local governmental units, as defined in section
41.03 of the mental hygiene law, in the development of plans pursuant to
[subdivision] SUBDIVISIONS (b) AND (D) of this section, or to be used at
local correctional facilities to improve the  coordination  between  the
individuals  defined  in  [subdivision] SUBDIVISIONS (a) AND (C) of this

S. 5210--A                          3

section and the appropriate county representative or other  [individual]
INDIVIDUALS  OR PROVIDERS who will provide the [psychiatric medications]
MENTAL ILLNESS AND CHEMICAL ABUSE SERVICES available under this  program
as  determined  in  the  plans approved in subdivision [(b)] (D) of this
section, and to assist such individuals in applying for medical  assist-
ance  and  other  public  benefits. The commissioner of mental health is
hereby authorized to promulgate and adopt rules and  regulations  neces-
sary to implement this section.
  S 2. This act shall take effect April 1, 2017; provided, however, that
the  amendments to section 15 of chapter 408 of the laws of 1999 made by
section one of this act shall not affect the repeal of such section  and
shall be deemed to be repealed therewith.