S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9743
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
   Committee on Mental Health
 
 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
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02394-03-2
              

 A. 9743                             2
 
   (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.