S T A T E   O F   N E W   Y O R K
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                                 7840--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 2015
                               ___________

Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
  Committee on Mental Health -- recommitted to the Committee  on  Mental
  Health  in  accordance  with  Assembly  Rule  3,  sec.  2 -- 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
correctional  facility  or  local  correctional  facility  as defined in
section two of the correction law].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10915-03-6
              

A. 7840--A                          2

  (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
section  and the appropriate county representative or other [individual]
INDIVIDUALS OR PROVIDERS who will provide the [psychiatric  medications]

A. 7840--A                          3

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.