S T A T E O F N E W Y O R K
________________________________________________________________________
8883
2019-2020 Regular Sessions
I N A S S E M B L Y
December 18, 2019
___________
Introduced by M. of A. M. L. MILLER -- read once and referred to the
Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to providing waivers
of certain rules and regulations to promulgate collaboration by mental
health providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 7.15 of the mental hygiene law,
as amended by section 3 of part I of chapter 58 of the laws of 2005, is
amended to read as follows:
(a) The commissioner shall plan, promote, establish, develop, coordi-
nate, evaluate, and conduct programs and services of prevention, diagno-
sis, examination, care, treatment, rehabilitation, training, and
research for the benefit of the mentally ill. Such programs shall
include but not be limited to in-patient, out-patient, partial hospital-
ization, day care, emergency, rehabilitative, and other appropriate
treatments and services PROVIDED, HOWEVER, THAT THE COMMISSIONER, IN
CONJUNCTION WITH THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES, SHALL BE AUTHORIZED TO WAIVE RULES AND REGULATIONS
OF THE OFFICE OF MENTAL HEALTH AND OF THE DEPARTMENT OF HEALTH, RESPEC-
TIVELY, TO ADDRESS BARRIERS TO COLLABORATION BY MENTAL HEALTH PROVIDERS
AND PROVIDERS OF HOME CARE SERVICES UNDER THIS SECTION, INCLUDING BARRI-
ERS RELATED TO MEDICAL ASSISTANCE REIMBURSEMENT, SERVICE PROCEDURES,
CARE COORDINATION AND DIRECT CARE WORKER TRAINING APPLICABLE TO SUCH
PROVIDERS, PROVIDED FURTHER THAT REGULATIONS PERTAINING TO PATIENT SAFE-
TY MAY NOT BE WAIVED, NOR SHALL ANY REGULATIONS BE WAIVED IF SUCH WAIVER
WOULD RISK PATIENT SAFETY. He or she shall take all actions that are
necessary, desirable, or proper to implement the purposes of this chap-
ter and to carry out the purposes and objectives of the department with-
in the amounts made available therefor by appropriation, grant, gift,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14193-01-9
A. 8883 2
devise, bequest, or allocation from the mental health services fund
established under section ninety-seven-f of the state finance law.
§ 2. Subdivision (a) of section 13.15 of the mental hygiene law, as
amended by chapter 37 of the laws of 2011, is amended to read as
follows:
(a) The commissioner shall plan, promote, establish, develop, coordi-
nate, evaluate, and conduct programs and services of prevention, diagno-
sis, examination, care, treatment, rehabilitation, training, and
research for the benefit of individuals with developmental disabilities.
Such programs shall include but not be limited to in-patient, out-pa-
tient, partial hospitalization, day care, emergency, rehabilitative, and
other appropriate treatments and services PROVIDED, HOWEVER, THAT THE
COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, SHALL BE AUTHORIZED TO WAIVE
RULES AND REGULATIONS OF THE OFFICE OF MENTAL HEALTH AND OF THE DEPART-
MENT OF HEALTH, RESPECTIVELY, TO ADDRESS BARRIERS TO COLLABORATION BY
MENTAL HEALTH PROVIDERS AND PROVIDERS OF HOME CARE SERVICES UNDER THIS
SECTION, INCLUDING BARRIERS RELATED TO MEDICAL ASSISTANCE REIMBURSEMENT,
SERVICE PROCEDURES, CARE COORDINATION AND DIRECT CARE WORKER TRAINING
APPLICABLE TO SUCH PROVIDERS, PROVIDED FURTHER THAT REGULATIONS PERTAIN-
ING TO PATIENT SAFETY MAY NOT BE WAIVED, NOR SHALL ANY REGULATIONS BE
WAIVED IF SUCH WAIVER WOULD RISK PATIENT SAFETY. He shall take all
actions that are necessary, desirable, or proper to implement the
purposes of this chapter and to carry out the purposes and objectives of
the office within the amounts made available therefor by appropriation,
grant, gift, devise, bequest, or allocation from the mental health
services fund established under section ninety-seven-f of the state
finance law.
§ 3. Subdivision (a) of section 19.15 of the mental hygiene law, as
amended by chapter 208 of the laws of 1996, is amended to read as
follows:
(a) With the advice of the advisory council on alcoholism and
substance abuse services, and with the assistance of any interdepart-
mental council or committee heretofore or hereafter established that
shall be charged with the responsibility for interdepartmental cooper-
ation and program development in alcoholism, substance abuse, and chemi-
cal dependency, the commissioner shall promote, establish, coordinate,
and conduct programs for prevention, diagnosis, treatment, aftercare,
rehabilitation, and control in the fields of alcoholism, alcohol abuse,
substance abuse, substance dependence, and chemical dependence in coop-
eration with such other federal, state, local, and private agencies as
are necessary and, within the amount made available by appropriation
therefor, implement and administer such programs PROVIDED, HOWEVER, THAT
THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, SHALL BE AUTHORIZED TO WAIVE
RULES AND REGULATIONS OF THE OFFICE OF MENTAL HEALTH AND OF THE DEPART-
MENT OF HEALTH, RESPECTIVELY, TO ADDRESS BARRIERS TO COLLABORATION BY
MENTAL HEALTH PROVIDERS AND PROVIDERS OF HOME CARE SERVICES UNDER THIS
SECTION, INCLUDING BARRIERS RELATED TO MEDICAL ASSISTANCE REIMBURSEMENT,
SERVICE PROCEDURES, CARE COORDINATION AND DIRECT CARE WORKER TRAINING
APPLICABLE TO SUCH PROVIDERS, PROVIDED FURTHER THAT REGULATIONS PERTAIN-
ING TO PATIENT SAFETY MAY NOT BE WAIVED, NOR SHALL ANY REGULATIONS BE
WAIVED IF SUCH WAIVER WOULD RISK PATIENT SAFETY.
§ 4. This act shall take effect immediately.