S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8769
 
                             I N  S E N A T E
 
                               May 15, 2018
                                ___________
 
 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
 
 AN ACT to amend the mental hygiene law,  in  relation  to  a  hospital's
   policies  and  procedures  regarding  discharge  of individuals with a
   mental health disorder

   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
 7.24 to read as follows:
 § 7.24 MENTAL HEALTH DISORDER HOSPITAL DISCHARGE;  POLICIES  AND  PROCE-
 DURES.
   (A)  THE  OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL
 DEVELOP OR UTILIZE EXISTING EDUCATIONAL  MATERIALS  TO  BE  PROVIDED  TO
 GENERAL HOSPITALS TO DISSEMINATE TO INDIVIDUALS WITH A DOCUMENTED MENTAL
 HEALTH  DISORDER OR WHO APPEAR TO HAVE OR BE AT RISK FOR A MENTAL HEALTH
 DISORDER DURING DISCHARGE  PLANNING  PURSUANT  TO  SECTION  TWENTY-EIGHT
 HUNDRED  THREE-I  OF THE PUBLIC HEALTH LAW. SUCH MATERIALS SHALL INCLUDE
 INFORMATION  REGARDING  THE  VARIOUS  TYPES  OF  TREATMENT  AND  SUPPORT
 SERVICES, INCLUDING BUT NOT LIMITED TO: INPATIENT, OUTPATIENT TREATMENT;
 HOW  TO RECOGNIZE THE NEED FOR TREATMENT SERVICES; INFORMATION FOR INDI-
 VIDUALS TO DETERMINE WHAT TYPE AND LEVEL OF TREATMENT IS MOST  APPROPRI-
 ATE  AND  WHAT  RESOURCES  ARE  AVAILABLE  TO INDIVIDUALS; AND ANY OTHER
 INFORMATION THE COMMISSIONER AND THE COMMISSIONER OF HEALTH DEEM  APPRO-
 PRIATE.
   (B)  THE COMMISSIONER IN COLLABORATION WITH THE COMMISSIONER OF HEALTH
 SHALL ASSIST AND PROVIDE GUIDANCE FOR EVERY GENERAL HOSPITAL TO:
   1. UTILIZE EXISTING, OR IN ADDITION TO  CURRENT  POLICIES  AND  PROCE-
 DURES,  DEVELOP,  MAINTAIN  AND DISSEMINATE, WRITTEN POLICIES AND PROCE-
 DURES, FOR THE IDENTIFICATION, ASSESSMENT AND  REFERRAL  OF  INDIVIDUALS
 WITH  A DOCUMENTED MENTAL HEALTH DISORDER OR WHO APPEAR TO HAVE OR BE AT
 RISK FOR A MENTAL HEALTH DISORDER; AND
   2. ESTABLISH AND IMPLEMENT TRAINING, WITHIN EXISTING, OR  IN  ADDITION
 TO  CURRENT TRAINING PROGRAMS, FOR ALL INDIVIDUALS LICENSED OR CERTIFIED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15747-01-8

 S. 8769                             2
 
 PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW WHO PROVIDE DIRECT  PATIENT
 CARE  REGARDING THE POLICIES AND PROCEDURES ESTABLISHED PURSUANT TO THIS
 SECTION.
   (C)  IF  A  GENERAL  HOSPITAL  DOES NOT DIRECTLY PROVIDE MENTAL HEALTH
 DISORDER SERVICES, THEN  THE  COMMISSIONER,  IN  CONSULTATION  WITH  THE
 COMMISSIONER OF HEALTH, SHALL PROVIDE THE NECESSARY INFORMATION TO REFER
 INDIVIDUALS  IN  NEED  OF  SUCH  SERVICES  TO AND COORDINATE WITH MENTAL
 HEALTH SERVICE PROGRAMS THAT PROVIDE SUCH SERVICES, AND HAVE BEEN ISSUED
 AN OPERATING CERTIFICATE PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that the commissioner  of
 health  and the commissioner of mental health shall promulgate any rules
 and regulations necessary for the  implementation  of  this  act  on  or
 before such effective date.