NY State Senate Bill S9041

Archive: Last Bill Status Via A10139 - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 23, 2022	tabled vetoed memo.65
Nov 22, 2022	delivered to governor
May 24, 2022	returned to assembly passed senate 3rd reading cal.1518 substituted for s9041
May 24, 2022	substituted by a10139 ordered to third reading cal.1518 committee discharged and committed to rules
May 05, 2022	referred to mental health

Votes

S9041 (ACTIVE) - Details

See Assembly Version of this Bill:: A10139
Law Section:: Mental Hygiene
Versions Introduced in 2023-2024 Legislative Session:: S5178, A5119

S9041 (ACTIVE) - Summary

Establishes a temporary commission to study aging in place in mental health housing; provides for the repeal of such commission upon expiration thereof.

S9041 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S9041

SPONSOR: BROUK
 
TITLE OF BILL:

An act in relation to establishing a temporary commission to study aging
in place in mental health housing; and providing for the repeal of such
provisions upon expiration thereof

 
PURPOSE OF BILL:

The purpose of this bill is to improve services for the elderly resi-
dents of mental health housing programs.

 
SUMMARY OF SPECIFIC PROVISIONS:

Would establish a temporary commission with the office of mental health
OMH)to evaluate and provide recommendations including but not limited on
the following issues: a) solutions for removing barriers to ensure resi-
dents of community-based mental health housing programs can successfully
age in place while receiving adequate care; b)identify policy, proce-
dure, or regulatory changes that aim to remove barriers to residents of

community based mental health housing programs to receive both mental
health and medical care, including the ability to hire health care
professionals including but not limited to nurses and/or health home
aides; c) an action plan for making residences American Disability Act
compliant; d) necessary training for residential staff to understand the
needs of the elderly for which they are providing care; and e) types of
assistance to consider when transporting residents to medical appoint-
ments and ensuring the proper follow-up occurs.

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 60 days after this act shall have become a law. Members
so appointed shall consist of: (i) at least one representative of a
statewide organization or advocacy group for residents of mental health
housing programs; (ii) at least one healthcare professional with exper-
tise in the needs of the elderly/aging residents of a congregate care
setting with significant medical issues; (iii) at least one mental
health professional with expertise in the needs of elderly mental health
housing residents with a severe and persistent mental illness; and (iv)
one member shall be a director of a mental health housing program.

The commission shall make a repor of its findings, recommendations, and
any legislative or budgetary initiatives as it may deem necessary and
appropriate. Such report shall be provided to the governor and the
legislature no latwelve months after this act shall have become a law.

 
JUSTIFICATION:

More than 40,000 New Yorkers with severe mental illness reside in commu-
nity-based mental health housing. The mental health housing models
establish early 40 years ago no longer represents all the needs of the
current population. When created by New York State, their focus was to
assist residents in transitioning from a model that is congregate based
with 24 hours a day, 7days a week staff and support, to a model that is
a single apartment with support services as needed. Today's residents
living in mental health housing are different from those who lived in
mental health housing when it was first created. Today's residents take
12-15 medications daily, as opposed to one or two; and many have multi-
ple co-occurring medical conditions in addition to mental illness and
substance use disorder; and many are living longer, which means they
need more medical care.

More than forty percent of mental health housing residents are age 55
and over, with nearly a third. of those age 65 and over. Combined, these
residents are treated for 166 different medical conditions, with the
most prevalent being diabetes, hypertension, COPD, dementia, cancer, and
mobility issues. More than three-quarters of the housing are not
equipped with the resources to provide care for the medical needs of the
residents. Moreover, most nursing homes will not take residents who have
severe mental illness, nor are such facilities able to serve their
mental health needs. With only 180 beds designated as geriatric congre-
gate residences, there is only a fraction of the beds needed to serve
this population. Further, despite the geriatric designation, currently
there are no additional resources for the care of this fragile, aging
resident in the mental health housing system. Therefore, with demograph-
ic changes within the mental health housing community, this legislation
seeks to be responsive to meeting the increasingly complex health and
mental health care needs of such residents.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall be expired and deemed
repealed after the report required pursuant to subdivision five of this
section has been presented to the legislature.

S9041 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9041
 
                             I N  S E N A T E
 
                                May 5, 2022
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT in relation to establishing a temporary commission to study aging
   in place in mental health housing; 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 commission shall be established  within  the
 office  of mental health to be known as the mental health housing evalu-
 ation commission for aging in place  (hereinafter  referred  to  as  the
 "commission") to make recommendations including, but not limited to, the
 following:
   (a)  solutions for removing barriers to ensure residents of community-
 based mental health housing programs can successfully age in place while
 receiving adequate care;
   (b) identifying policy, procedure, or regulatory changes that  aim  to
 remove  barriers  to  residents of community-based mental health housing
 programs to receive both mental health and medical care,  including  the
 ability  to hire health care professionals, including but not limited to
 nurses and/or health home aides;
   (c) an action plan  for  making  residences  American  Disability  Act
 compliant;
   (d)  necessary  training for residential staff to understand the needs
 of the elderly for which they are providing care; and
   (e) types of assistance to consider  when  transporting  residents  to
 medical appointments and ensuring the proper follow-up occurs.
   2.  The  commission  shall  consist  of nine members as follows: three
 members shall be  appointed  by  the  governor;  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; and one member shall be  appointed
 by  the minority leader of the assembly. The commission members shall be
 appointed within 60 days after this act shall have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15613-01-2

 S. 9041                             2
 
   Members so appointed shall consist of at least: one representative  of
 a  statewide  organization  or  advocacy  group  for residents of mental
 health housing programs; at least  one  health  care  professional  with
 expertise  in  the  needs of the elderly/aging residents of a congregate
 care setting with significant medical issues; at least one mental health
 professional  with expertise in the needs of elderly mental health hous-
 ing residents with a severe and persistent mental illness; and at  least
 one  member  shall  be  a director of a mental health housing program. A
 chairperson shall be nominated by a majority vote from among the members
 of the commission.
   3. No member, officer or employee of the commission shall be disquali-
 fied 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
 appointment  hereunder,  notwithstanding  the provisions of any general,
 special, or local law, ordinance or city charter.
   4. 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.  The  commission
 shall  meet  at  least  three times, or more if deemed necessary, at the
 call of the chairperson to fulfill its duties.
   5. The commission shall make a report of its findings,  including  any
 recommendations  required pursuant to subdivision one of this section as
 well as any legislative or budgetary initiatives as it may  deem  neces-
 sary  and appropriate. Such report shall be provided to the governor and
 the legislature no later than twelve months after this  act  shall  have
 become a law.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed thirty days after the report required pursuant to subdi-
 vision five of section one of this act has been presented to the  legis-
 lature;  provided, further, that the commissioner of mental health shall
 notify the legislative bill drafting commission upon the  submission  of
 the  report  required  by subdivision five of section one of this act to
 the legislature, in order that the commission may maintain  an  accurate
 and  timely  effective data base of the official text of the laws of the
 state of New York in  furtherance  of  effectuating  the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.

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The New York State Senate

senate Bill S9041

Sponsored By

Archive: Last Bill Status Via A10139 - Vetoed by Governor

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Votes

May 24, 2022 - floor Vote

Floor Vote: May 24, 2022

May 24, 2022 - Rules committee Vote

Rules Committee Vote: May 24, 2022

S9041 (ACTIVE) - Details

S9041 (ACTIVE) - Summary

S9041 (ACTIVE) - Sponsor Memo

S9041 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S9041

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Sponsored By

Samra G. Brouk

Archive: Last Bill Status Via A10139 - Vetoed by Governor

Your Voice

Actions

Votes

May 24, 2022 - floor Vote

Floor Vote: May 24, 2022

May 24, 2022 - Rules committee Vote

Rules Committee Vote: May 24, 2022

S9041 (ACTIVE) - Details

S9041 (ACTIVE) - Summary

S9041 (ACTIVE) - Sponsor Memo

S9041 (ACTIVE) - Bill Text download pdf

Comments