NY State Senate Bill 2019-S5637

Senate Bill S5637

Vetoed By Governor

2019-2020 Legislative Session

Establishes a temporary commission relating to the office of mental health housing programs

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 06, 2019	vetoed memo.185
Nov 26, 2019	delivered to governor
Jun 17, 2019	returned to senate passed assembly ordered to third reading rules cal.172 substituted for a7489a
Jun 03, 2019	referred to mental health delivered to assembly passed senate
May 30, 2019	amended on third reading 5637a
May 29, 2019	advanced to third reading
May 22, 2019	2nd report cal.
May 21, 2019	1st report cal.878
May 09, 2019	referred to mental health and developmental disabilities

Votes

- Jun 3, 2019 - Floor Vote
  S5637
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  May 21, 2019 - Committee Vote
  S5637
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 21, 2019
      
      aye (7)
      
      Amedore
      
      Brooks
      
      Carlucci
      
      Kaplan
      
      Ortt
      
      Rivera
      
      Sepúlveda

Bill Amendments

Original

A (Active)

2019-S5637 - Details

Law Section:: Mental Hygiene

2019-S5637 - Summary

Establishes a temporary commission relating to the evaluation of the office of mental health housing programs.

2019-S5637 - Sponsor Memo

                                
 
BILL NUMBER: S5637

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to create a temporary commission relating to
the office of mental health housing programs; and providing for the
repeal of such provisions upon expiration thereof

 
PURPOSE:

This bill would establish a temporary commission to investigate, and
provide policy guidance and recommendations relating to the adequacy of
funding levels and need for sufficient staffing in all supportive hous-
ing under the auspices of the Office of Mental Health (OMH)

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes a temporary commission to make recommendations
s off; related to the adequacy of funding levels and need for sufficient
staffing in all supportive housing under the auspices of OMH, estab-
lishes the size and process for the appointment of members to the
commission, provides for the commission to be allowed their actual and

necessary expenses incurred in the performance of their duties, states
that the commission must report on its findings no later than six months
after the effective date of this act

Section 2 sets the effective date

 
JUSTIFICATION:

There are approximately 40,000 units of mental health housing, state-
wide, under the auspices of the State Office of Mental Health.  Collec-
tively, they have lost from 40-70% of their funding to inflation,
depending on model, due to a lack of rate increases.

When these programs were first created in the late 1970s, staff were
paid close to an entry level teacher. Now, many providers are barely
reimbursed enough to pay the minimum wage. Originally, 50% of a provid-
er's stipend went to services and administration while 50% went towards
rents. Now 90% to 100% go to rents with little to nothing left for
services and administration.

This bill would establish a temporary commission to investigate and make
recommendations relating to the adequacy of funding levels and need for
sufficient staffing in all supportive housing under the auspices of OMH.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed 6 months after such date.

2019-S5637 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5637
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2019
                                ___________
 
 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 create a temporary commission relating to the office of mental
   health  housing  programs;  and  providing  for  the  repeal  of  such
   provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. A temporary state commission, to be known as the "office
 of mental health housing  program  evaluation  commission"  (hereinafter
 referred  to  as  the  "commission")  is hereby created to make determi-
 nations and recommendations on the following:
   a. The adequacy of funding levels in scattered site  supportive  hous-
 ing,  licensed  community residences, licensed treatment apartments, and
 all  other  supportive  housing  (hereinafter  referred   to   as   "the
 programs"), under the auspices of the office of mental health.
   b.  The  adequacy  of the numbers of direct care staff as well as need
 for professional staff in the programs.
   c. The level of programmatic needs of the residents and the ability of
 the programs' and/or the mental health system's ability  to  meet  those
 needs.
   2.  The  commission  shall  consist  of  nine  members as follows: two
 members shall be appointed by the speaker of the assembly;  two  members
 shall  be appointed by the temporary president of the senate; one member
 shall be appointed by the minority leader  of  the  senate;  one  member
 shall  be  appointed  by  the minority leader of the assembly; and three
 members shall be appointed by the governor. The commission members shall
 be appointed within 30 days after this act  shall  have  become  a  law.
 Members  so  appointed  shall  be  representative of resident advocates,
 family members of residents, program  provider  organizations,  licensed
 mental  health  professionals  and related health care professionals. No

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

                                                            LBD11334-01-9

 S. 5637                             2
 
 member, officer or employee of the commission shall be disqualified from
 holding any other public office or  employment,  nor  shall  he  or  she
 forfeit  any  such office or employment by reason of his or her appoint-
 ment  hereunder,  notwithstanding the provisions of any general, special
 or local law, ordinance or city charter.
   3. The members of the commission shall  receive  no  compensation  for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties hereunder.
   4.  The  commission shall make a report of its findings, including any
 recommendations for legislative action as  it  may  deem  necessary  and
 appropriate,  to  the  governor  and  the  legislature no later than six
 months after the effective date of this act.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed 6 months after such date.

co-Sponsors

2019-S5637A (ACTIVE) - Details

Law Section:: Mental Hygiene

2019-S5637A (ACTIVE) - Summary

Establishes a temporary commission relating to the evaluation of the office of mental health housing programs.

2019-S5637A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5637A

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to create a temporary commission relating to
the office of mental health housing programs

 
PURPOSE::

This bill would establish a temporary commission to investigate, and
provide policy guidance and recommendations relating to the adequacy of
funding levels and need for sufficient staffing in all supportive hous-
ing under the auspices of the Office of Mental Health (OMH)

 
SUMMARY OF SPECIFIC PROVISIONS::

Section 1 establishes a temporary commission to make recommendations
related to the adequacy of funding levels and need for sufficient staff-
ing in all supportive housing under the auspices of OMH, establishes the
size and process for the appointment of members to the commission,
provides for the commission to be allowed their actual and necessary
expenses incurred in the performance of their duties, states that the

commission must report on its findings no later than six months after
the effective date of this act

Section 2 sets the effective date

 
JUSTIFICATION::

There are approximately 40,000 units of mental health housing, state-
wide, under the auspices of the State Office of Mental Health.  Collec-
tively, they have lost from 40-70% of their funding to inflation,
depending on model, due to a lack of rate increases.

When these programs were first created in the late 1970s, staff were
paid close to an entry level teacher. Now, many providers are barely
reimbursed enough to pay the minimum wage. Originally, 50% of a provid-
er's stipend went to services and administration while 50% went towards
rents. Now 90% to 100% go to rents with little to nothing left for
services and administration.

This bill would establish a temporary commission to investigate and make
recommendations relating to the adequacy of funding levels and need for
sufficient staffing in all supportive housing under the auspices of OMH.

 
LEGISLATIVE HISTORY::

None.

 
FISCAL IMPLICATIONS::

Undetermined.

 
EFFECTIVE DATE::

This act shall take effect immediately and shall expire and be deemed
repealed 6 months after such date.

2019-S5637A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5637--A
     Cal. No. 878
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2019
                                ___________
 
 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 -- reported favorably from said committee, ordered
   to first and second report, ordered to a third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to create a temporary commission relating to the office of mental
   health housing programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. A temporary state commission, to be known as the "office
 of mental health housing  program  evaluation  commission"  (hereinafter
 referred  to  as  the  "commission")  is hereby created to make determi-
 nations and recommendations on the following:
   a. The number of and total quarterly occupancy  levels  for  scattered
 site  supportive housing, licensed community residences, licensed treat-
 ment apartments, and all other supportive housing (hereinafter  referred
 to  as "the programs"), under the auspice of the office of mental health
 by county over the last five years as well  as  each  program's  funding
 levels  on  an  annual basis, over the last five years. Such information
 shall be utilized to: (i) determine the impact  of  changes  in  funding
 levels, if any, (ii) determine if there are varying funding levels with-
 in  the  same programs in the same counties, the rationale therefor, and
 the impact of such variances, and (iii) determine, with the  information
 from  paragraph b of this subdivision, the adequacy of funding levels by
 program.
   b. For each program by county, a sampling of clients' acuity and their
 needs and the programs' current staffing models. Such information  shall
 be  used  to  analyze the impact on the quality of care the programs are
 mandated and able to deliver and whether there is a need for additional,
 different and/or credentialed/licensed staff in the programs.

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

                                                            LBD11334-03-9

 S. 5637--A                          2
 
   c.  For each program and by county, the programs'  and/or  the  mental
 health  system's ability to meet the needs, as determined in paragraph b
 of this subdivision, of the clients.
   2.  The  commission  shall  consist  of  nine  members as follows: two
 members shall be appointed by the speaker of the assembly;  two  members
 shall  be appointed by the temporary president of the senate; one member
 shall be appointed by the minority leader  of  the  senate;  one  member
 shall  be  appointed  by  the minority leader of the assembly; and three
 members shall be appointed by the governor, one of whom shall be  desig-
 nated  as  the  chair  of  the  commission.   Members so appointed shall
 include adequate representation of resident advocates, family members of
 residents,  program  provider  organizations,  licensed  mental   health
 professionals and related health care professionals.
   3.  The  members  of  the commission shall receive no compensation for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties hereunder.
   4. The commission shall make a report of its findings,  including  any
 recommendations  for  legislative  action  as  it may deem necessary and
 appropriate, to the governor and the legislature no later  than  October
 1, 2020.
   § 2. This act shall take effect immediately.

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