Senate Bill S3199

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3199
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by  Sens. PARKER, RITCHIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Mental Health and
   Developmental Disabilities
 
 AN ACT to amend the mental hygiene law, in relation to establishing  the
   child  psychiatry access project; to amend the tax law, in relation to
   establishing a gift for the child psychiatry access  project;  and  to
   amend  the  state  finance  law, in relation to establishing the child
   psychiatry access fund
 
   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
 7.42 to read as follows:
 § 7.42 CHILD PSYCHIATRY ACCESS PROJECT.
   (A) THE OFFICE SHALL, WITHIN AMOUNTS APPROPRIATED THEREFOR,  ESTABLISH
 OR  MAY  CONTRACT  FOR  THE  ESTABLISHMENT  OF REGIONAL CHILD PSYCHIATRY
 ACCESS PROJECTS ACROSS THE STATE TO PROVIDE PRIMARY CARE PROVIDERS  WITH
 TIMELY  ACCESS TO CHILD PSYCHIATRY CONSULTATIONS IN ORDER TO ASSIST SUCH
 PRIMARY CARE PROVIDERS IN MEETING THE MENTAL HEALTH NEEDS OF  THE  CHIL-
 DREN AND ADOLESCENTS AND THEIR FAMILIES.
   (B)  REGIONAL  TEAMS SHALL CONSIST OF A CHILD PSYCHIATRIST WITH APPRO-
 PRIATE SUPPORT STAFF, AND BE ESTABLISHED TO  PROVIDE  CHILD  PSYCHIATRIC
 TELEPHONE  CONSULTATIONS TO PRIMARY CARE PROVIDERS WITHIN THE DESIGNATED
 REGION RESULTING IN ONE OF THE FOLLOWING, DEPENDING UPON  THE  NEEDS  OF
 THE CHILD PATIENT AND/OR FAMILY:
   1.  RESPONDING  TO THE PRIMARY CARE PHYSICIAN'S PATIENT SPECIFIC QUES-
 TIONS ABOUT BEHAVIORAL HEALTH;
   2. ASSISTING THE FAMILY IN ACCESSING ROUTINE, LOCAL BEHAVIORAL  HEALTH
 SERVICES, WITH THE UNDERSTANDING THERE MAY BE A WAITING PERIOD;
   3.  PROVIDING  TRANSITIONAL  SUPPORT  TO  THE CHILD PATIENT AND FAMILY
 UNTIL THE FAMILY CAN ACCESS ROUTINE, LOCAL BEHAVIORAL HEALTH SERVICES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08341-01-9
              

 S. 3199                             2
 
   4. MAKING REFERRAL TO A TEAM CHILD PSYCHIATRIST FOR AN  ACUTE  PSYCHO-
 PHARMACOLOGIC OR DIAGNOSTIC CONSULTATION.
   (C)  REGIONAL  TEAMS MAY ALSO PROVIDE MENTAL HEALTH RESOURCE SERVICES,
 EDUCATIONAL SERVICES, MENTAL HEALTH ADVOCACY AND OTHER RELATED  SERVICES
 TO THE PROVIDER AND MENTAL HEALTH COMMUNITY.
   (D) CHILD PSYCHIATRY ACCESS SERVICES PROVIDED UNDER THIS SECTION SHALL
 NOT  DISCRIMINATE AGAINST CHILDREN AND FAMILIES, BASED UPON THEIR INSUR-
 ANCE STATUS, WHEN SUCH SERVICES ARE ACCESSED THROUGH THEIR PRIMARY  CARE
 PROVIDER PRACTICING IN THE REGION.
   §  2.  The tax law is amended by adding a new section 628-a to read as
 follows:
   § 628-A. GIFT FOR THE CHILD PSYCHIATRY ACCESS PROJECT.  EFFECTIVE  FOR
 ANY  TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY,
 AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO  THE  CHILD
 PSYCHIATRY  ACCESS  FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR
 AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY  SUCH  INDI-
 VIDUAL.  THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX
 RETURN FORM TO ENABLE A TAXPAYER TO MAKE SUCH  CONTRIBUTION.    NOTWITH-
 STANDING  ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO
 THIS SECTION SHALL BE PAID TO THE CHILD PSYCHIATRY  ACCESS  FUND  ESTAB-
 LISHED  PURSUANT  TO  AND  USED  ONLY  FOR  THOSE PURPOSES ENUMERATED IN
 SECTION EIGHTY-NINE-J OF THE STATE FINANCE LAW.
   § 3. The state finance law is amended by adding a new section 89-j  to
 read as follows:
    §  89-J.  CHILD PSYCHIATRY ACCESS FUND. 1. A SPECIAL FUND TO BE KNOWN
 AS THE "CHILD PSYCHIATRY ACCESS FUND" IS HEREBY ESTABLISHED IN THE JOINT
 CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
 FINANCE.
   2.  THE  FUND  SHALL  CONSIST  OF  ALL MONEYS TRANSFERRED TO SUCH FUND
 PURSUANT TO LAW, ALL MONEYS REQUIRED BY ANY PROVISION OF LAW TO BE  PAID
 INTO  OR CREDITED TO THE FUND, ALL MONEYS FROM GIFTS PURSUANT TO SECTION
 SIX HUNDRED TWENTY-EIGHT-A OF THE TAX  LAW  AND  ANY  INTEREST  EARNINGS
 WHICH  MAY  ACCRUE  FROM  THE  INVESTMENT OF MONEYS IN THE FUND. NOTHING
 CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
 GIFTS OR BEQUESTS FOR THE PURPOSES  OF  THE  FUND  AS  DEFINED  IN  THIS
 SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  MONEYS OF THE FUND, WHEN ALLOCATED, SHALL BE MADE AVAILABLE TO THE
 OFFICE OF MENTAL HEALTH SOLELY FOR THE  PURPOSE  OF  ESTABLISHING  CHILD
 PSYCHIATRY PROJECTS PURSUANT TO SECTION 7.42 OF THE MENTAL HYGIENE LAW.
   4.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF MENTAL HEALTH.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.