S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7951
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2019
                                ___________
 
 Introduced  by M. of A. DE LA ROSA, GUNTHER -- read once and referred to
   the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to establishing  the
   division for mental health treatment equity
 
   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
 7.49 to read as follows:
 § 7.49 THE DIVISION FOR MENTAL HEALTH TREATMENT EQUITY.
   (A) DEFINITIONS. AS USED IN THIS SECTION:
   (1)  "DIVISION"  SHALL  MEAN  THE DIVISION FOR MENTAL HEALTH TREATMENT
 EQUITY CREATED PURSUANT TO THIS SECTION WHICH SHALL CONSIST  OF  A  FULL
 TIME DIRECTOR AND ANY ADDITIONAL FULL OR PART TIME STAFF THE COMMISSION-
 ER DEEMS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   (2) "COUNCIL" SHALL MEAN THE ADVISORY COUNCIL TO THE DIVISION, CREATED
 PURSUANT TO SUBDIVISION (C) OF THIS SECTION.
   (3)  "VULNERABLE  POPULATIONS"  SHALL  MEAN THOSE WHO HAVE EXPERIENCED
 INJUSTICES AND DISADVANTAGES AS A RESULT OF THEIR RACE, ETHNICITY, SEXU-
 AL  ORIENTATION,  GENDER  IDENTITY,  DISABILITY  STATUS,  AGE,  MILITARY
 STATUS,  SOCIOECONOMIC STATUS AND/OR ANY OTHER STATUS WHICH HAS CAUSED A
 PERSON TO EXPERIENCE INJUSTICES AND DISADVANTAGES.
   (4) "RACIALLY AND ETHNICALLY DIVERSE AREAS" SHALL MEAN COUNTIES  WHERE
 THE NON-WHITE POPULATION IS FORTY PERCENT OR MORE OR THE SERVICE AREA OF
 A  MENTAL  HEALTH PROVIDER OF SERVICES WHERE THE NON-WHITE POPULATION OF
 SAID AREA IS FORTY PERCENT OR MORE.
   (5) "PROVIDER OF SERVICES" SHALL HAVE  THE  SAME  MEANING  AS  DEFINED
 PURSUANT  TO  SUBDIVISION  FIVE  OF  SECTION  1.03  OF  THIS CHAPTER AND
 PROVIDES MENTAL HEALTH SERVICES TO VULNERABLE POPULATIONS.
   (6) "TREATMENT  DISPARITIES"  SHALL  MEAN  MEASURABLE  DIFFERENCES  IN
 ACCESS  TO  AND QUALITY OF MENTAL HEALTH SERVICES AS DETERMINED BY RACE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13001-01-9
              

 A. 7951                             2
 
 ETHNICITY, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY STATUS,  AGE,
 MILITARY STATUS, AND SOCIOECONOMIC STATUS.
   (7)  "TREATMENT  EQUITY"  SHALL  MEAN  ACHIEVING  THE HIGHEST LEVEL OF
 MENTAL HEALTH SERVICES FOR ALL PEOPLE AND SHALL ENTAIL  FOCUSED  EFFORTS
 TO  ADDRESS  AVOIDABLE  INEQUALITIES  BY EQUALIZING THOSE CONDITIONS FOR
 MENTAL HEALTH SERVICES FOR THOSE THAT HAVE  EXPERIENCED  INJUSTICES  AND
 SOCIOECONOMIC DISADVANTAGES.
   (B)  THE  DIVISION FOR MENTAL HEALTH TREATMENT EQUITY. THERE IS HEREBY
 CREATED A DIVISION FOR MENTAL HEALTH TREATMENT EQUITY. THE DIVISION,  IN
 CONJUNCTION  WITH  THE  COUNCIL,  SHALL  HAVE  THE  FOLLOWING POWERS AND
 DUTIES:
   (1) TO WORK COLLABORATIVELY WITH  THE  OFFICE,  OTHER  RELEVANT  STATE
 AGENCIES  AND  AFFECTED  STAKEHOLDERS,  INCLUDING,  BUT  NOT LIMITED TO,
 PROVIDERS AND REPRESENTATIVES OF VULNERABLE POPULATIONS, IN ORDER TO SET
 PRIORITIES TO ACHIEVE TREATMENT EQUITY IN  BOTH  RACIAL  AND  ETHNICALLY
 DIVERSE AREAS AND FOR VULNERABLE POPULATIONS THROUGHOUT THE STATE;
   (2)  TO  ANALYZE  COLLECTED  DATA TO DETERMINE THE CAUSES OF TREATMENT
 DISPARITIES IN BOTH  RACIALLY  AND  ETHNICALLY  DIVERSE  AREAS  AND  FOR
 VULNERABLE  POPULATIONS  THROUGHOUT  THE  STATE, INCLUDING ANY ECONOMIC,
 PHYSICAL, SOCIAL OR CULTURAL BARRIERS;
   (3) TO DEVELOP AND IMPLEMENT STRATEGIES AIMED AT  ACHIEVING  TREATMENT
 EQUITY  IN  RACIALLY  AND  ETHNICALLY DIVERSE AREAS AND AMONG VULNERABLE
 POPULATIONS;
   (4) TO PROMOTE COMMUNITY INVOLVEMENT  BY  CONDUCTING  PROMOTIONAL  AND
 EDUCATIONAL  OUTREACH  PROGRAMS  REGARDING  MENTAL ILLNESS AND AVAILABLE
 SERVICES;
   (5) TO REVIEW THE IMPACT OF CURRENT LAWS, RULES, REGULATIONS, POLICIES
 AND PROGRAMS THAT MAY BE AFFECTING  THE  ABILITY  TO  ACHIEVE  TREATMENT
 EQUITY; AND
   (6)  TO ASSIST THE OFFICE, WHERE APPROPRIATE, IN MEETING ITS RESPONSI-
 BILITIES PURSUANT TO SUBDIVISION (G) OF SECTION 7.07 OF THIS ARTICLE.
   (C) THE ADVISORY COUNCIL ON MENTAL HEALTH TREATMENT  EQUITY.  (1)  THE
 COUNCIL  SHALL CONSIST OF TWELVE MEMBERS. ALL MEMBERS SHALL BE APPOINTED
 BY THE GOVERNOR, WITH THREE MEMBERS APPOINTED UPON  RECOMMENDATION  FROM
 THE  TEMPORARY  PRESIDENT OF THE SENATE AND THREE MEMBERS APPOINTED UPON
 RECOMMENDATION FROM THE SPEAKER OF THE ASSEMBLY. THE CHAIRPERSON OF  THE
 COUNCIL SHALL BE THE COMMISSIONER OR HIS OR HER DESIGNEE.
   (2) THE MEMBERS OF THE COUNCIL SHALL BE FROM THE COMMUNITY WITH EXPER-
 TISE  IN CONDUCTING MENTAL HEALTH SERVICES. IN MAKING SUCH APPOINTMENTS,
 DUE  CONSIDERATION  SHALL  BE  GIVEN  TO  ENSURING  ADEQUATE   STATEWIDE
 GEOGRAPHIC REPRESENTATION, INCLUDING RURAL COMMUNITIES.
   (3)  THE  TERM  OF  OFFICE FOR EACH MEMBER OF THE COUNCIL SHALL BE SIX
 YEARS. VACANCIES ON THE COUNCIL, OTHER THAN BY  EXPIRATION  OF  A  TERM,
 SHALL  BE  FILLED  FOR  THE  REMAINDER OF THE UNEXPIRED TERM IN THE SAME
 MANNER AS ORIGINAL APPOINTMENTS.
   (4) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES, BUT SHALL BE REIMBURSED FOR ALL EXPENSES ACTUALLY  AND  NECES-
 SARILY  INCURRED  IN  THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION
 WITHIN THE AMOUNT MADE AVAILABLE BY APPROPRIATION THEREFOR.
   (D) COMPREHENSIVE PLAN. THE DIVISION IN COLLABORATION WITH THE COUNCIL
 SHALL PROVIDE RECOMMENDATIONS ON MATTERS WITHIN THE SCOPE OF ITS  POWERS
 AND DUTIES AS SET FORTH IN THIS SECTION TO THE OFFICE FOR THE PURPOSE OF
 FORMULATING ITS STATEWIDE COMPREHENSIVE PLAN PURSUANT TO SECTION 5.07 OF
 THIS CHAPTER.
   § 2. This act shall take effect on April 1, 2020.