NY State Senate Bill 2019-S7108

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to mental health and developmental disabilities

2019-S7108 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §31.25, Ment Hyg L; amd §2799-g, Pub Health L

2019-S7108 (ACTIVE) - Summary

Provides that in planning discharge and care transition from residential settings to the individual's own home or apartment, home of a family member or other adult, or to other allowed community settings for home care under article thirty-six of the public health law, the residential provider and comprehensive care center for eating disorders shall consider coordination with home care agency professionals under article thirty-six of such law to provide pre-discharge, transitional and post-discharge home and community-based care if conducive to the individual's continued recovery, stability and progressive outcome, including prevention of further, potentially avoidable hospital, emergency room or residential provider admissions; makes related provisions.

2019-S7108 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7108

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the mental hygiene law and the public health law, in
relation to home and community-based care and support for individuals
with eating disorders

 
PURPOSE OR GENERAL IDEA OF THE BILL:

To provide that the non-institutional components of care for individuals
with eating disorders may include in-home care where beneficial.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends the mental hygiene law as it relates to
authorizing residential providers and Comprehensive Care Centers for
Eating Disorders to consider home care for the provision of pre-disc-
harge, transitional, and post-discharge care for individuals with eating
disorders.

Section two of the bill amends the mental hygiene law as it relates to
qualifying home care service providers as a comprehensive care centers
for eating disorders.

Section three of the bill sets the effective date.

 
JUSTIFICATION:

In 2004, the Legislature enacted a landmark, Chapter 114 of the Laws of
2004, to create a program targeted to the comprehensive, coordinated
care, treatment, and health support of individuals suffering from eating
disorders.

A major goal in eating disorder treatment is to enable and support indi-
viduals to overcome these conditions, mitigate/prevent exacerbations,
and adopt a self-management plan that enables and promotes the person's
healthy living and life goals. Key is both transitional and continuity,
recovery, and ongoing management support as may be necessary for the
individual in their home and community living. Transitional support is
especially important when individuals complete treatment in inpatient
and/or residential care settings and work to continue their progress
back home and in community; this is a particularly crucial period for
the individual and family, and one of high importance for continued
treatment success versus relapse.

While Chapter 114 speaks to coordinated services across the continuum,
and "non-institutional" services as part of this spectrum, it neglects
to specifically reference actual "in-home services" as part of the non-
institutional component, which can be so crucial to patients. It is
important that this in-home component be specifically added to the
resources recognized for the Comprehensive Care programs, and permitted
by them to include at their determination.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2019-S7108 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7108
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 and the  public  health  law,  in
   relation  to home and community-based care and support for individuals
   with eating disorders

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 31.25 of the mental hygiene law, as added by chap-
 ter 24 of the laws of 2008, is amended to read as follows:
 § 31.25  Residential services for treatment of eating disorders.
   The commissioner shall establish,  pursuant  to  regulation,  licensed
 residential  providers  of treatment and/or supportive services to chil-
 dren, adolescents, and adults with eating disorders,  as  that  term  is
 defined  in  section  twenty-seven  hundred  ninety-nine-e of the public
 health law. Such regulations shall be  developed  in  consultation  with
 representatives  from  each of the comprehensive care centers for eating
 disorders established pursuant to article twenty-seven-J of  the  public
 health  law  and  licensed  treatment professionals, such as physicians,
 psychiatrists, psychologists and therapists, with demonstrated expertise
 in treating patients with eating disorders.
   IN PLANNING  DISCHARGE  AND  CARE  TRANSITION  FROM  SUCH  RESIDENTIAL
 SETTINGS  TO  THE  INDIVIDUAL'S  OWN HOME OR APARTMENT, HOME OF A FAMILY
 MEMBER OR OTHER ADULT, OR TO OTHER ALLOWED COMMUNITY SETTINGS  FOR  HOME
 CARE  UNDER ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH LAW, THE RESIDENTIAL
 PROVIDER AND  COMPREHENSIVE  CARE  CENTER  FOR  EATING  DISORDERS  SHALL
 CONSIDER  COORDINATION WITH HOME CARE AGENCY PROFESSIONALS UNDER ARTICLE
 THIRTY-SIX OF SUCH LAW TO PROVIDE PRE-DISCHARGE, TRANSITIONAL AND  POST-
 DISCHARGE HOME AND COMMUNITY-BASED CARE IF CONDUCIVE TO THE INDIVIDUAL'S
 CONTINUED   RECOVERY,   STABILITY  AND  PROGRESSIVE  OUTCOME,  INCLUDING
 PREVENTION OF FURTHER, POTENTIALLY AVOIDABLE HOSPITAL, EMERGENCY ROOM OR
 RESIDENTIAL PROVIDER ADMISSIONS. SUCH HOME CARE AGENCY PROFESSIONALS AND
 SERVICES MAY INCLUDE, BUT ARE NOT LIMITED TO, NURSING,  THERAPY,  SOCIAL

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14637-01-0

 S. 7108                             2
 
 WORK, NUTRITIONAL COUNSELING, HOME HEALTH AIDE AND OTHER HOME CARE AGEN-
 CY  SERVICES  AS ARE SANCTIONED UNDER SUBDIVISION TWO OF SECTION THIRTY-
 SIX HUNDRED TWO OF THE PUBLIC HEALTH LAW.
   §  2.  Subparagraph  (i)  of paragraph (a) of subdivision 1 of section
 2799-g of the public health law, as added by chapter 114 of the laws  of
 2004, is amended to read as follows:
   (i)  Individual  health, psychosocial and case management services, in
 both noninstitutional and  institutional  settings,  from  licensed  and
 certified  practitioners  with  demonstrated experience and expertise in
 providing services to individuals with eating disorders;  SUCH  SETTINGS
 AND  PRACTITIONERS  MAY  INCLUDE TRANSITIONAL AND CONTINUED RECOVERY AND
 SUPPORT SERVICES FOR INDIVIDUALS ON AN IN-HOME BASIS  PROVIDED  BY  HOME
 HEALTH  AGENCIES,  HOME  CARE SERVICES AGENCIES OR LONG TERM HOME HEALTH
 CARE PROGRAMS LICENSED OR CERTIFIED UNDER  ARTICLE  THIRTY-SIX  OF  THIS
 CHAPTER, PROVIDED PURSUANT TO THE PATIENT'S MEDICAL ORDERS, AND IN COOR-
 DINATION WITH COMPREHENSIVE CARE CENTERS UNDER THIS ARTICLE AND/OR RESI-
 DENTIAL  SERVICES  PROVIDERS FOR EATING DISORDERS LICENSED UNDER SECTION
 31.25 OF THE MENTAL HYGIENE LAW. FOR PURPOSES OF THIS SECTION, "IN-HOME"
 MEANS THE INDIVIDUAL'S OWN HOME OR APARTMENT, HOME OF A FAMILY MEMBER OR
 OTHER ADULT, OR OTHER ALLOWED COMMUNITY SETTINGS  FOR  HOME  CARE  UNDER
 ARTICLE  THIRTY-SIX  OF  THIS  CHAPTER,  AND "TRANSITIONAL AND CONTINUED
 RECOVERY AND SUPPORT  SERVICES"  MEAN  NURSING,  THERAPY,  SOCIAL  WORK,
 NUTRITIONAL  COUNSELLING,  HOME  HEALTH  AIDE AND OTHER HOME CARE AGENCY
 SERVICES AS ARE SANCTIONED UNDER SUBDIVISION TWO OF  SECTION  THIRTY-SIX
 HUNDRED TWO OF THIS CHAPTER.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S7108

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Actions

2019-S7108 (ACTIVE) - Details

2019-S7108 (ACTIVE) - Summary

2019-S7108 (ACTIVE) - Sponsor Memo

2019-S7108 (ACTIVE) - Bill Text download pdf

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Actions

2019-S7108 (ACTIVE) - Details

2019-S7108 (ACTIVE) - Summary

2019-S7108 (ACTIVE) - Sponsor Memo

2019-S7108 (ACTIVE) - Bill Text download pdf

Comments