S T A T E   O F   N E W   Y O R K
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                                  334--A
     Cal. No. 841
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. MYRIE, KAPLAN -- read twice and ordered printed, and
   when  printed  to  be  committed to the Committee on Mental Health and
   Developmental Disabilities -- reported favorably from said  committee,
   ordered  to first report, amended on first report, ordered to a second
   report and ordered reprinted, retaining its  place  in  the  order  of
   second report
 
 AN  ACT to amend the mental hygiene law, in relation to reports on short
   term crisis respite and intensive crisis respite programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7.09 of the mental hygiene law is amended by adding
 a new subdivision (m) to read as follows:
   (M) (1) FOR THE PURPOSES OF THIS SUBDIVISION THE FOLLOWING TERMS SHALL
 BE DEFINED AS:
   (I)  "SHORT  TERM  CRISIS  RESPITE"  SHALL  MEAN A SHORT TERM CARE AND
 INTERVENTION STRATEGY PROVIDED IN A SITE BASED RESIDENTIAL  SETTING  FOR
 INDIVIDUALS WHO ARE: EXPERIENCING CHALLENGES IN DAILY LIFE THAT CREATE A
 RISK  FOR  ESCALATION OF SYMPTOMS THAT CANNOT BE MANAGED IN THE PERSON'S
 HOME AND/OR COMMUNITY ENVIRONMENT; AT IMMINENT RISK FOR AN ESCALATION OF
 SYMPTOMS AND/OR A LOSS OF ADULT ROLE FUNCTIONING BUT WHO DO NOT POSE  AN
 IMMINENT  RISK  TO THE SAFETY OF THEMSELVES OR OTHERS; OR EXPERIENCING A
 CHALLENGING EMOTIONAL CRISIS WHICH THE INDIVIDUAL IS  UNABLE  TO  MANAGE
 WITHOUT INTENSIVE ASSISTANCE AND SUPPORT;
   (II)  "INTENSIVE  CRISIS RESPITE" SHALL MEAN A SHORT-TERM, RESIDENTIAL
 CARE AND CLINICAL INTERVENTION STRATEGY FOR INDIVIDUALS WHO ARE FACING A
 BEHAVIORAL HEALTH CRISIS, AND WHO ARE AT IMMINENT RISK FOR LOSS OF FUNC-
 TIONAL ABILITIES, AND  WITHOUT THIS LEVEL OF  CARE  MAY  PRESENT  SAFETY
 CONCERNS FOR THEMSELVES AND/OR OTHERS.
   (2) THE COMMISSIONER SHALL FURNISH AND ISSUE A REPORT TO THE GOVERNOR,
 THE  SPEAKER  OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02394-02-1

 S. 334--A                           2
 
 NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  SUBDIVISION  ON
 THE FOLLOWING INFORMATION AS IT RELATES TO SHORT TERM CRISIS RESPITE AND
 INTENSIVE CRISIS RESPITE PROGRAMS:
   (I)  THE NUMBER OF SHORT TERM AND INTENSIVE CRISIS RESPITE PROGRAMS IN
 EACH COUNTY;
   (II) THE NUMBER OF INDIVIDUALS SERVED  BY  SHORT  TERM  AND  INTENSIVE
 CRISIS RESPITE PROGRAMS IN EACH COUNTY EACH MONTH;
   (III)  THE  MOST  PREVALENT  FACTORS  FOR ADMISSION OF INDIVIDUALS WHO
 RECEIVED EITHER TYPE OF  CRISIS  RESPITE  SERVICE,  INCLUDING  THE  MOST
 PREVALENT  TYPE OF SETTING AN INDIVIDUAL WAS REFERRED FROM, AND THE MOST
 PREVALENT MENTAL HEALTH DIAGNOSIS FOR INDIVIDUALS ACCEPTED  INTO  EITHER
 TYPE OF CRISIS RESPITE PROGRAM EACH MONTH;
   (IV)  THE PERCENTAGE OF INDIVIDUALS DIVERTED FROM THE USE OF INPATIENT
 OR HOSPITAL EMERGENCY ROOM CARE DUE  TO  EXPERIENCING  A  MENTAL  HEALTH
 CRISIS, FOR AT LEAST THIRTY DAYS AFTER BEING DISCHARGED FROM EITHER TYPE
 CRISIS RESPITE PROGRAM EACH MONTH;
   (V)  TYPES  OF  SERVICES  PROVIDED BY A SHORT TERM OR INTENSIVE CRISIS
 RESPITE PROGRAM, INCLUDING THE TYPE OF STAFF AND TRAINING  REQUIRED  FOR
 THE  PROVISION  OF  SUCH  SERVICES AS WELL AS ANY ADDITIONAL SERVICES OR
 TYPES OF STAFF AND  TRAINING  THAT  MAY  BE  BENEFICIAL  TO  INDIVIDUALS
 RECEIVING SUCH SERVICES; AND
   (VI) IDENTIFYING PARTS OF THE STATE THAT WOULD BENEFIT FROM SHORT TERM
 AND/OR  INTENSIVE  CRISIS  RESPITE  PROGRAMS  OR  WHERE AN EXPANSIONS OF
 SERVICES WOULD BE APPROPRIATE.
   (3) THE COMMISSIONER IS AUTHORIZED TO REQUEST THE  ASSISTANCE  OF  ANY
 LOCAL  MENTAL  HEALTH  PROGRAMS,  STATE  AGENCIES,  OR  THE LOCAL MENTAL
 HYGIENE DIRECTORS, FOR THE PURPOSE OF IDENTIFYING EXISTING SHORT TERM OR
 INTENSIVE CRISIS RESPITE PROGRAMS AND  COMPLETING  THE  REPORT  REQUIRED
 UNDER THIS SUBDIVISION.
   § 2. This act shall take effect immediately.