Senate Bill S7307

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7307
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  read  twice and ordered
   printed, and when printed to be committed to the Committee  on  Mental
   Health
 
 AN ACT to amend the mental hygiene law, in relation to providing waivers
   of certain rules and regulations to promulgate collaboration by mental
   health providers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 7.15 of the mental hygiene  law,
 as  amended by section 3 of part I of chapter 58 of the laws of 2005, is
 amended to read as follows:
   (a) The commissioner shall plan, promote, establish, develop,  coordi-
 nate, evaluate, and conduct programs and services of prevention, diagno-
 sis,   examination,   care,  treatment,  rehabilitation,  training,  and
 research for the benefit  of  the  mentally  ill.  Such  programs  shall
 include but not be limited to in-patient, out-patient, partial hospital-
 ization,  day  care,  emergency,  rehabilitative,  and other appropriate
 treatments and services PROVIDED, HOWEVER,  THAT  THE  COMMISSIONER,  IN
 CONJUNCTION WITH THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL  DISABILITIES, SHALL BE AUTHORIZED TO WAIVE RULES AND REGULATIONS
 OF THE OFFICE OF MENTAL HEALTH AND OF THE DEPARTMENT OF HEALTH,  RESPEC-
 TIVELY,  TO ADDRESS BARRIERS TO COLLABORATION BY MENTAL HEALTH PROVIDERS
 AND PROVIDERS OF HOME CARE SERVICES UNDER THIS SECTION, INCLUDING BARRI-
 ERS RELATED TO MEDICAL  ASSISTANCE  REIMBURSEMENT,  SERVICE  PROCEDURES,
 CARE  COORDINATION  AND  DIRECT  CARE WORKER TRAINING APPLICABLE TO SUCH
 PROVIDERS, PROVIDED FURTHER THAT REGULATIONS PERTAINING TO PATIENT SAFE-
 TY MAY NOT BE WAIVED, NOR SHALL ANY REGULATIONS BE WAIVED IF SUCH WAIVER
 WOULD RISK PATIENT SAFETY.  He or she shall take all  actions  that  are
 necessary,  desirable, or proper to implement the purposes of this chap-
 ter and to carry out the purposes and objectives of the department with-
 in the amounts made available therefor by  appropriation,  grant,  gift,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00356-01-3
              

 S. 7307                             2
 
 devise,  bequest,  or  allocation  from  the mental health services fund
 established under section ninety-seven-f of the state finance law.
   §  2.  Subdivision  (a) of section 13.15 of the mental hygiene law, as
 amended by chapter 37 of the  laws  of  2011,  is  amended  to  read  as
 follows:
   (a)  The commissioner shall plan, promote, establish, develop, coordi-
 nate, evaluate, and conduct programs and services of prevention, diagno-
 sis,  examination,  care,  treatment,  rehabilitation,   training,   and
 research for the benefit of individuals with developmental disabilities.
 Such  programs  shall  include but not be limited to in-patient, out-pa-
 tient, partial hospitalization, day care, emergency, rehabilitative, and
 other appropriate treatments and services PROVIDED,  HOWEVER,  THAT  THE
 COMMISSIONER,  IN  CONJUNCTION  WITH  THE COMMISSIONER OF THE OFFICE FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES, SHALL  BE  AUTHORIZED  TO  WAIVE
 RULES  AND REGULATIONS OF THE OFFICE OF MENTAL HEALTH AND OF THE DEPART-
 MENT OF HEALTH, RESPECTIVELY, TO ADDRESS BARRIERS  TO  COLLABORATION  BY
 MENTAL  HEALTH  PROVIDERS AND PROVIDERS OF HOME CARE SERVICES UNDER THIS
 SECTION, INCLUDING BARRIERS RELATED TO MEDICAL ASSISTANCE REIMBURSEMENT,
 SERVICE PROCEDURES, CARE COORDINATION AND DIRECT  CARE  WORKER  TRAINING
 APPLICABLE TO SUCH PROVIDERS, PROVIDED FURTHER THAT REGULATIONS PERTAIN-
 ING  TO  PATIENT  SAFETY MAY NOT BE WAIVED, NOR SHALL ANY REGULATIONS BE
 WAIVED IF SUCH WAIVER WOULD RISK PATIENT SAFETY.    He  shall  take  all
 actions  that  are  necessary,  desirable,  or  proper  to implement the
 purposes of this chapter and to carry out the purposes and objectives of
 the office within the amounts made available therefor by  appropriation,
 grant,  gift,  devise,  bequest,  or  allocation  from the mental health
 services fund established under  section  ninety-seven-f  of  the  state
 finance law.
   §  3.  Subdivision  (a) of section 19.15 of the mental hygiene law, as
 amended by chapter 208 of the laws  of  1996,  is  amended  to  read  as
 follows:
   (a)  With  the  advice  of  the  advisory  council  on  alcoholism and
 substance abuse services, and with the assistance  of  any  interdepart-
 mental  council  or  committee  heretofore or hereafter established that
 shall be charged with the responsibility for  interdepartmental  cooper-
 ation and program development in alcoholism, substance abuse, and chemi-
 cal  dependency,  the commissioner shall promote, establish, coordinate,
 and conduct programs for prevention,  diagnosis,  treatment,  aftercare,
 rehabilitation,  and control in the fields of alcoholism, alcohol abuse,
 substance abuse, substance dependence, and chemical dependence in  coop-
 eration  with  such other federal, state, local, and private agencies as
 are necessary and, within the amount  made  available  by  appropriation
 therefor, implement and administer such programs PROVIDED, HOWEVER, THAT
 THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF THE OFFICE FOR
 PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES,  SHALL BE AUTHORIZED TO WAIVE
 RULES AND REGULATIONS OF THE OFFICE OF MENTAL HEALTH AND OF THE  DEPART-
 MENT  OF  HEALTH,  RESPECTIVELY, TO ADDRESS BARRIERS TO COLLABORATION BY
 MENTAL HEALTH PROVIDERS AND PROVIDERS OF HOME CARE SERVICES  UNDER  THIS
 SECTION, INCLUDING BARRIERS RELATED TO MEDICAL ASSISTANCE REIMBURSEMENT,
 SERVICE  PROCEDURES,  CARE  COORDINATION AND DIRECT CARE WORKER TRAINING
 APPLICABLE TO SUCH PROVIDERS, PROVIDED FURTHER THAT REGULATIONS PERTAIN-
 ING TO PATIENT SAFETY MAY NOT BE WAIVED, NOR SHALL  ANY  REGULATIONS  BE
 WAIVED IF SUCH WAIVER WOULD RISK PATIENT SAFETY.
   § 4. This act shall take effect immediately.