Assembly Bill A3276B

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3276
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. ORTIZ, GUNTHER, COLTON, WEPRIN, HOOPER, COOK --
   read once and referred to the Committee on Veterans' Affairs
 
 AN ACT to amend the  executive  law  and  the  mental  hygiene  law,  in
   relation to enacting the "behavioral health services for veterans act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "behavioral
 health services for veterans act".
   § 2. The executive law is amended by adding a  new  section  368-a  to
 read as follows:
   §  368-A.  BEHAVIORAL HEALTH SERVICES FOR VETERANS ADVISORY BOARD.  1.
 THERE IS HEREBY ESTABLISHED WITHIN THE  DIVISION,  A  BEHAVIORAL  HEALTH
 SERVICES  FOR  VETERANS ADVISORY BOARD. SUCH BOARD SHALL CONSIST OF NINE
 MEMBERS, THREE OF WHOM SHALL BE APPOINTED BY THE GOVERNOR, TWO  OF  WHOM
 SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO OF WHOM
 SHALL  BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE OF WHOM SHALL BE
 APPOINTED BY THE MINORITY LEADER OF THE SENATE AND ONE OF WHOM SHALL  BE
 APPOINTED  BY  THE  MINORITY  LEADER OF THE ASSEMBLY. SUCH MEMBERS SHALL
 SERVE AT THE PLEASURE OF THE  APPOINTING  AUTHORITY.  VACANCIES  ON  THE
 BOARD SHALL BE FILLED IN THE MANNER OF THE ORIGINAL APPOINTMENT. MEMBERS
 OF  THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL
 BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM-
 ANCE OF THEIR DUTIES.
   2. THE BEHAVIORAL HEALTH SERVICES FOR VETERANS  ADVISORY  BOARD  SHALL
 STUDY  AND  ANALYZE  BOTH  THE ADEQUACY OF EXISTING AND THE NEED FOR NEW
 BEHAVIORAL HEALTH SERVICES FOR VETERANS. IN PROVIDING SUCH ANALYSIS, THE
 BOARD SHALL WORK IN COOPERATION WITH THE DIVISION, THE OFFICE  OF  ALCO-
 HOLISM  AND  SUBSTANCE  ABUSE  SERVICES  AND  THE  DEPARTMENT  OF MENTAL
 HYGIENE. THE BOARD SHALL REPORT THE FINDINGS OF SUCH STUDY TO THE GOVER-
 NOR AND THE LEGISLATURE ALONG WITH RECOMMENDATIONS  IT  DEEMS  NECESSARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08349-01-7
              

 A. 3276                             2
 
 FOR  EXPANDED AND IMPROVED BEHAVIORAL HEALTH SERVICES ON OR BEFORE OCTO-
 BER FIRST, TWO THOUSAND EIGHTEEN.
   §  3.  The mental hygiene law is amended by adding a new section 19.44
 to read as follows:
 § 19.44 BEHAVIORAL HEALTH SERVICES FOR VETERANS.
   (A) THE OFFICE, IN COOPERATION WITH THE DEPARTMENT AND THE DIVISION OF
 VETERANS' AFFAIRS, SHALL ESTABLISH WITHIN EVERY COUNTY WITHIN THE STATE,
 ACCESS TO BEHAVIORAL HEALTH SERVICES FOR VETERANS. IN ESTABLISHING  SUCH
 ACCESS,  THE  OFFICE SHALL PROVIDE TREATMENT ON AN INPATIENT, OUTPATIENT
 AND RESIDENTIAL BASIS, THAT SHALL INCLUDE, BUT NOT BE LIMITED TO,  PHAR-
 MACOTHERAPY FOR ALCOHOL DEPENDENCE, OPIOID DEPENDENCE AND OTHER CHEMICAL
 DEPENDENCE AND SUBSTANCE ABUSE DISORDERS.
   (B)  STAFF  PROVIDING  BEHAVIORAL  HEALTH  SERVICES  TO VETERANS SHALL
 RECEIVE TRAINING IN THE SPECIFIC NEEDS OF VETERANS WITH RESPECT TO CHEM-
 ICAL DEPENDENCIES AND SUBSTANCE ABUSE DISORDERS AND  SHALL  BE  EXPANDED
 WHEN NEEDED TO ADEQUATELY PROVIDE SUCH SERVICES.
   (C)  IN  ADDITION TO THE SERVICES SET FORTH IN SUBDIVISION (A) OF THIS
 SECTION, THE OFFICE SHALL PROVIDE THE FOLLOWING SERVICES:
   1. COORDINATION OF SERVICES BY AN INDIVIDUAL CARE COORDINATOR FOR EACH
 VETERAN WHO SEEKS SERVICES;
   2. SCREENING AND ASSESSMENT FOR POST TRAUMATIC STRESS DISORDER,  TRAU-
 MATIC BRAIN INJURY, DEPRESSION AND POTENTIAL FOR SUICIDE;
   3.  AGENCY  NETWORKING  TO  PROVIDE VETERANS WITH CONSISTENT TREATMENT
 THROUGHOUT THE STATE AND THE VETERANS ADMINISTRATION;
   4. TRANSPORTATION TO AND FROM THE SERVICES PROVIDED BY THIS SECTION;
   5. EVALUATION OF CLINICAL PRACTICES SPECIFIC TO VETERANS; AND
   6. COORDINATION OF PATIENT CARE SERVICES.
   (D) THE OFFICE IS HEREBY AUTHORIZED AND DIRECTED TO  PROMULGATE  RULES
 AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
   § 4. This act shall take effect immediately; provided that section two
 of  this  act shall take effect April 1, 2018; and provided further that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date is authorized to be made and completed on or before such date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3276--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. ORTIZ, GUNTHER, COLTON, WEPRIN, HOOPER, COOK --
   read once and referred  to  the  Committee  on  Veterans'  Affairs  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the executive law, in relation to enacting  the  "behav-
   ioral health services for veterans act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "behavioral
 health services for veterans act".
   § 2. The executive law is amended by adding a  new  section  368-a  to
 read as follows:
   §  368-A.  BEHAVIORAL HEALTH SERVICES FOR VETERANS ADVISORY BOARD.  1.
 THERE IS HEREBY ESTABLISHED WITHIN THE  DIVISION,  A  BEHAVIORAL  HEALTH
 SERVICES  FOR  VETERANS ADVISORY BOARD. SUCH BOARD SHALL CONSIST OF NINE
 MEMBERS, THREE OF WHOM SHALL BE APPOINTED BY THE GOVERNOR, TWO  OF  WHOM
 SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO OF WHOM
 SHALL  BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE OF WHOM SHALL BE
 APPOINTED BY THE MINORITY LEADER OF THE SENATE AND ONE OF WHOM SHALL  BE
 APPOINTED  BY  THE  MINORITY  LEADER OF THE ASSEMBLY. SUCH MEMBERS SHALL
 SERVE AT THE PLEASURE OF THE  APPOINTING  AUTHORITY.  VACANCIES  ON  THE
 BOARD SHALL BE FILLED IN THE MANNER OF THE ORIGINAL APPOINTMENT. MEMBERS
 OF  THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL
 BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM-
 ANCE OF THEIR DUTIES.
   2. THE BEHAVIORAL HEALTH SERVICES FOR VETERANS  ADVISORY  BOARD  SHALL
 STUDY  AND  ANALYZE  BOTH  THE ADEQUACY OF EXISTING AND THE NEED FOR NEW
 BEHAVIORAL HEALTH SERVICES FOR VETERANS. IN PROVIDING SUCH ANALYSIS, THE
 BOARD SHALL WORK IN COOPERATION WITH THE DIVISION, THE OFFICE  OF  ALCO-
 HOLISM  AND  SUBSTANCE  ABUSE SERVICES, THE DEPARTMENT OF HEALTH AND THE
 DEPARTMENT OF MENTAL HYGIENE. THE BOARD SHALL  REPORT  THE  FINDINGS  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08349-03-7

 A. 3276--A                          2
 
 SUCH  STUDY  TO  THE GOVERNOR AND THE LEGISLATURE ALONG WITH RECOMMENDA-
 TIONS IT DEEMS NECESSARY FOR EXPANDED  AND  IMPROVED  BEHAVIORAL  HEALTH
 SERVICES ON OR BEFORE OCTOBER FIRST, TWO THOUSAND EIGHTEEN.
   § 3. This act shall take effect April 1, 2018; provided that effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date is authorized to be made and completed on or before such date.