Assembly Bill A5385

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5385
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Mental Health
 
 AN ACT to amend the mental hygiene law and the social services  law,  in
   relation to enacting the "mental health shelter placement accuracy and
   support act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "mental health shelter placement accuracy and support act".
   §  2.  Section  33.13 of the mental hygiene law is amended by adding a
 new subdivision (g) to read as follows:
   (G) 1. INFORMATION CONTAINED WITHIN  THE  OFFICE  OF  MENTAL  HEALTH'S
 PSYCHIATRIC SERVICES AND CLINICAL KNOWLEDGE ENHANCEMENT SYSTEM (PSYCKES)
 AND  SIMILAR  STATE-MANAGED  MENTAL HEALTH DATABASES MAY BE DISCLOSED TO
 AUTHORIZED PERSONNEL ENGAGED IN SHELTER PLACEMENT AND  SUPPORT  SERVICES
 FOR  INDIVIDUALS  WHO  ARE HOMELESS OR AT RISK OF HOMELESSNESS, PROVIDED
 THAT:
   (I) SUCH DISCLOSURE IS LIMITED TO INFORMATION NECESSARY FOR  DETERMIN-
 ING APPROPRIATE SHELTER PLACEMENT AND MENTAL HEALTH SUPPORT SERVICES;
   (II)  THE  INFORMATION  DISCLOSED  COMPLIES WITH ALL FEDERAL AND STATE
 CONFIDENTIALITY LAWS, INCLUDING BUT NOT LIMITED TO THE HEALTH  INSURANCE
 PORTABILITY AND ACCOUNTABILITY ACT (HIPAA);
   (III)   AUTHORIZED   PERSONNEL  ACCESSING  SUCH  INFORMATION  EXERCISE
 COMPLETE PRIVACY, CONFIDENTIALITY, AND UNDERGO MENTAL HEALTH TRAINING AS
 DEVELOPED BY THE OFFICE OF MENTAL HEALTH;
   (IV) DATA ACCESS IS LOGGED, AND RECORDS ARE  MAINTAINED  FOR  AUDITING
 PURPOSES  TO  ENSURE COMPLIANCE WITH ALL RELEVANT LAWS, RULES, AND REGU-
 LATIONS; AND
   (V) DATA ACCESS IS SUBJECT TO PERIODIC AUDITS CONDUCTED  BY  AN  OVER-
 SIGHT  BODY TO ENSURE COMPLIANCE WITH PRIVACY PROTECTIONS AND TO PREVENT
 MISUSE OF INFORMATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07538-01-5
              

 A. 5385                             2
 
   2. THE COMMISSIONER OF MENTAL HEALTH SHALL DETERMINE BY RULE OR  REGU-
 LATION  INDIVIDUALS  TO BE QUALIFIED AS AUTHORIZED PERSONNEL UNDER PARA-
 GRAPH ONE OF THIS SUBDIVISION, AND A METHOD FOR DETERMINING  INDIVIDUALS
 WHO ARE AT RISK OF HOMELESSNESS UNDER PARAGRAPH ONE OF THIS SUBDIVISION.
   § 3. The social services law is amended by adding a new section 131-vv
 to read as follows:
   §  131-VV.  SHELTER PLACEMENT PROTOCOLS AND OVERSIGHT COMMITTEE. 1. TO
 FACILITATE IMPLEMENTATION  OF  THE  PROVISIONS  OF  SUBDIVISION  (G)  OF
 SECTION  33.13  OF  THE  MENTAL HYGIENE LAW, THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE, IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH,
 SHALL:
   (A) ESTABLISH WRITTEN  PROTOCOLS  AUTHORIZING  SHELTER  PLACEMENT  AND
 SUPPORT WORKERS TO ACCESS PSYCKES AND RELATED MENTAL HEALTH DATABASES TO
 FACILITATE  APPROPRIATE SHELTER PLACEMENT DECISIONS AND THE PROVISION OF
 SUPPORT SERVICES;
   (B) ENSURE THAT ACCESS UNDER PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IS
 LIMITED TO PERSONNEL DIRECTLY INVOLVED IN SHELTER PLACEMENT AND SUPPORT,
 SUBJECT  TO  A  WRITTEN AGREEMENT OUTLINING THE SCOPE AND LIMITATIONS OF
 ACCESS;
   (C) REQUIRE ALL PERSONNEL ACCESSING DATABASES UNDER PARAGRAPH  (A)  OF
 THIS  SUBDIVISION  TO  COMPLETE COMPREHENSIVE TRAINING ON DATA CONFIDEN-
 TIALITY, MENTAL HEALTH SUPPORT, AND TRAUMA-INFORMED  CARE,  AS  WELL  AS
 CULTURAL COMPETENCY AND BIAS MITIGATION TRAINING;
   (D) IMPLEMENT A MONITORING SYSTEM TO ENSURE COMPLIANCE WITH ACCESS AND
 PRIVACY  REGULATIONS,  INCLUDING  PENALTIES  FOR  UNAUTHORIZED ACCESS OR
 MISUSE OF DATA; AND
   (E) DEVELOP AND  MAINTAIN  A  SYSTEM  FOR  PROVIDING  NON-IDENTIFYING,
 AGGREGATE  DATA  TO  EVALUATE  THE  EFFECTIVENESS  OF  PSYCKES ACCESS IN
 IMPROVING SHELTER PLACEMENTS AND SUPPORT SERVICES.
   2. THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, IN COLLABORATION
 WITH THE OFFICE OF MENTAL HEALTH, SHALL ESTABLISH AN OVERSIGHT COMMITTEE
 TO BE COMPRISED OF REPRESENTATIVES FROM  THE  OFFICE  OF  TEMPORARY  AND
 DISABILITY  ASSISTANCE,  THE OFFICE OF MENTAL HEALTH, PRIVACY ADVOCATES,
 MENTAL HEALTH PROFESSIONALS, SHELTER  PROVIDERS,  AND  INDIVIDUALS  WITH
 LIVED  EXPERIENCE  OF  HOMELESSNESS.  SUCH  COMMITTEE  SHALL MONITOR THE
 IMPLEMENTATION OF THIS SECTION AND THE PROVISIONS OF SUBDIVISION (G)  OF
 SECTION  33.13  OF THE MENTAL HYGIENE LAW TO ADDRESS CONCERNS AND RECOM-
 MEND IMPROVEMENTS.
   3. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 AND  ANNUALLY THEREAFTER, THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE, IN COLLABORATION WITH THE OFFICE OF MENTAL HEALTH, SHALL SUBMIT  A
 REPORT TO THE LEGISLATURE DETAILING THE FOLLOWING:
   (A)  THE  NUMBER OF AUTHORIZED PERSONNEL ACCESSING PSYCKES AND RELATED
 DATABASES;
   (B) AGGREGATE DATA ON HOW  ACCESS  TO  PSYCKES  HAS  IMPACTED  SHELTER
 PLACEMENT OUTCOMES;
   (C)  INSTANCES  OF DATA BREACHES OR UNAUTHORIZED ACCESS AND CORRECTIVE
 ACTIONS TAKEN;
   (D) RECOMMENDATIONS FOR IMPROVING THE PROGRAM.
   4. FOR THE PURPOSES OF THIS SECTION,  THE  TERM  "PSYCKES"  MEANS  THE
 OFFICE  OF  MENTAL  HEALTH'S PSYCHIATRIC SERVICES AND CLINICAL KNOWLEDGE
 ENHANCEMENT SYSTEM.
   § 4. 1. The office of mental health, in collaboration with the  office
 of  temporary  and  disability assistance, shall conduct a review of the
 effectiveness of the provisions of subdivision (g) of section  33.13  of
 the mental hygiene law and section 131-vv of the social services law, as
 A. 5385                             3
 
 added by sections one and two of this act, focusing on shelter placement
 outcomes, compliance with privacy laws, and stakeholder feedback.
   2.  No  later  than  3 years after the effective date of this act, the
 office of mental health, in collaboration with the office  of  temporary
 and  disability  assistance, shall submit a report to the legislature on
 its findings under subdivision one  of  this  section,  along  with  any
 recommendations for necessary legislative action.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.