S T A T E O F N E W Y O R K
________________________________________________________________________
5631--A
2013-2014 Regular Sessions
I N S E N A T E
May 30, 2013
___________
Introduced by Sen. TKACZYK -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to enacting the
"communities of excellence mental health reinvestment act"; and to
repeal section 41.55 of the mental hygiene law relating to the commu-
nity mental health support and workforce reinvestment program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "communi-
2 ties of excellence mental health reinvestment act."
3 S 2. Section 1.03 of the mental hygiene law is amended by adding two
4 new subdivisions 59 and 60 to read as follows:
5 59. "NEW YORK STATE PSYCHIATRIC HOSPITAL IN-PATIENT FACILITIES" SHALL
6 MEAN THOSE STATE OPERATED FACILITIES SERVING ALL ADULTS, ADOLESCENTS AND
7 CHILDREN, INCLUDING ALL OF THE BEDS, WARDS, UNITS, BUILDINGS AND REAL
8 PROPERTY APPURTENANT THERETO.
9 60. "COMMUNITIES OF EXCELLENCE MENTAL HEALTH REINVESTMENT SERVICES"
10 SHALL MEAN THE FOLLOWING SERVICES FOR PERSONS WITH SERIOUS MENTAL
11 ILLNESS, INCLUDING CHILDREN, ADOLESCENTS AND ADULTS WITH SERIOUS
12 EMOTIONAL DISTURBANCES AND CO-OCCURRING DISORDERS, AS DEFINED ELSEWHERE
13 IN THIS CHAPTER:
14 (A) EMERGENCY AND CRISIS SERVICES PROVIDED IN A PROGRAM LICENSED OR
15 APPROVED BY THE COMMISSIONER;
16 (B) CASE MANAGEMENT AND INTENSIVE CASE MANAGEMENT SERVICES;
17 (C) OUTPATIENT SERVICES WHICH PROVIDE AN ADEQUATE LEVEL OF TREATMENT
18 AND REHABILITATION TO PERSONS LIVING WITH MENTAL ILLNESS, AS APPROVED BY
19 THE COMMISSIONER;
20 (D) RESIDENTIAL SERVICES, OTHER THAN INPATIENT SERVICES, PROVIDED IN
21 PROGRAMS LICENSED OR APPROVED BY THE COMMISSIONER, WHICH MAY INCLUDE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11287-02-3
S. 5631--A 2
1 BUT ARE NOT LIMITED TO, COMMUNITY RESIDENCES, RESIDENTIAL CARE CENTERS
2 FOR ADULTS, FAMILY CARE HOMES, CRISIS RESIDENCE OR SUPPORTED HOUSING;
3 (E) COMMUNITY SUPPORT SERVICES AS DEFINED IN SUBDIVISION THIRTEEN OF
4 SECTION 41.03 OF THIS CHAPTER;
5 (F) OTHER SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, PSYCHIATRIC
6 REHABILITATION, CLIENT ADVOCACY, SUPPORTED EMPLOYMENT, CONSUMER
7 SELF-HELP, FAMILY SUPPORT, AND VOCATIONAL TRAINING AS APPROVED BY THE
8 COMMISSIONER;
9 (G) ANY OTHER SERVICES THAT MEET THE NEEDS OF CHILDREN, ADULTS AND
10 ADOLESCENTS IN NON-GOVERNMENTAL COMMUNITY-BASED SETTINGS THAT ARE
11 LICENSED OR APPROVED BY THE COMMISSIONER; AND
12 (H) SERVICES FOR SPECIAL POPULATIONS INCLUDING THOSE LIVING WITH
13 MENTAL ILLNESSES AND HOMELESSNESS, CO-OCCURRING SUBSTANCE ABUSE DISOR-
14 DERS, AND/OR PHYSICAL DISABILITIES THAT MAY IMPEDE RECOVERY FROM MENTAL
15 ILLNESS, AS APPROVED BY THE COMMISSIONER.
16 S 3. Subdivision (a) of section 7.15 of the mental hygiene law, as
17 amended by section 3 of part I of chapter 58 of the laws of 2005, is
18 amended to read as follows:
19 (a) The commissioner shall plan, promote, establish, develop, coordi-
20 nate, evaluate, and conduct programs and services of prevention, diagno-
21 sis, examination, care, treatment, rehabilitation, training, and
22 research for the benefit of the mentally ill. Such programs shall
23 include but not be limited to in-patient, out-patient, partial hospital-
24 ization, day care, emergency, rehabilitative, COMMUNITIES OF EXCELLENCE
25 MENTAL HEALTH REINVESTMENT SERVICES PURSUANT TO SECTION 41.55 OF THIS
26 CHAPTER, and other appropriate treatments and services. He or she shall
27 take all actions that are necessary, desirable, or proper to implement
28 the purposes of this chapter and to carry out the purposes and objec-
29 tives of the department within the amounts made available therefor by
30 appropriation, grant, gift, devise, bequest, or allocation from the
31 mental health services fund established under section ninety-seven-f of
32 the state finance law.
33 S 4. Paragraph 2 of subdivision (a) of section 41.13 of the mental
34 hygiene law, as amended by chapter 746 of the laws of 1986, is amended
35 to read as follows:
36 2. develop the program of local services for the area which it serves,
37 establish long range goals of the local government in its programs for
38 the mentally disabled, and develop intermediate range plans and fore-
39 casts, listing priorities and estimated costs. The office of mental
40 health shall be responsible for such program development relating to
41 community support services in areas where the responsible local govern-
42 mental unit elects, pursuant to subdivision (c) of section 41.47 of this
43 article, not to receive state aid for community support services. Local
44 governmental units which elect not to receive such state aid for commu-
45 nity support services shall integrate information relating to community
46 support services into the comprehensive plan for services, as otherwise
47 required by this article. THE OFFICE OF MENTAL HEALTH SHALL ALSO BE
48 RESPONSIBLE FOR SUCH PROGRAM DEVELOPMENT RELATING TO COMMUNITIES OF
49 EXCELLENCE MENTAL HEALTH REINVESTMENT SERVICES IN AREAS WHERE THE
50 RESPONSIBLE LOCAL GOVERNMENT UNIT DOES NOT RECEIVE A GRANT OF STATE AID
51 SPECIFICALLY FOR THE PURPOSE OF FUNDING PROGRAMMING UNDER THE COMMUNI-
52 TIES OF EXCELLENCE MENTAL HEALTH REINVESTMENT ACT.
53 S 5. Section 41.55 of the mental hygiene law is REPEALED and a new
54 section 41.55 is added to read as follows:
55 S 41.55 COMMUNITIES OF EXCELLENCE MENTAL HEALTH REINVESTMENT SERVICES.
S. 5631--A 3
1 (A) SUMS OF MONEY CALCULATED ANNUALLY, BASED UPON THE PROJECTED
2 REDUCTIONS AND CLOSURES FOR THE UPCOMING FISCAL YEAR, OF REDUCTIONS AND
3 CLOSURES IN THE NEW YORK STATE PSYCHIATRIC HOSPITAL INPATIENT HOSPITAL
4 FACILITIES, SHALL BE ALLOCATED ANNUALLY BY THE COMMISSIONER, BASED UPON
5 THE FOLLOWING CRITERIA:
6 (1) FUNDS APPROPRIATED BY THE LEGISLATURE FOR THE DEVELOPMENT, EXPAN-
7 SION AND OPERATION OF NEW AND EXPANDED COMMUNITIES OF EXCELLENCE MENTAL
8 HEALTH REINVESTMENT SERVICES SHALL BE MADE AVAILABLE TO THE OFFICE OF
9 MENTAL HEALTH TO PROVIDE GRANTS OF STATE AID TO THE LOCAL GOVERNMENT
10 UNITS, WHICH MAY INCLUDE ONE OR MORE CONTIGUOUS COUNTIES UPON THE AGREE-
11 MENT OF THE RESPECTIVE DIRECTORS OF COMMUNITY SERVICES AND THE APPROVAL
12 OF THE COMMISSIONER OF MENTAL HEALTH. AMOUNTS SHALL BE MADE AVAILABLE,
13 AND THE COMMISSIONER SHALL ALLOCATE FIFTY PERCENT OF THE SAVINGS AS
14 DEFINED IN SUBDIVISION (B) OF THIS SECTION, FOR APPROPRIATION UPON
15 DETERMINATIONS MADE BY THE COMMISSIONER OF MENTAL HEALTH PURSUANT TO
16 THIS SECTION AND AT A RATE UP TO ONE HUNDRED PERCENT OF THE APPROVED NET
17 OPERATING COSTS OF THE PROGRAM OR SERVICE. THE LOCAL GOVERNMENT UNIT
18 SHALL CONTRACT WITH THE PROVIDERS OF SUCH SERVICES, OR MAY JOINTLY OPER-
19 ATE SAID SERVICES.
20 (2) THE COMMISSIONER SHALL ALLOCATE FIFTY PERCENT OF SUCH FUNDS FROM
21 SAVINGS, ON A PRO RATA BASIS, TO THE DEVELOPMENT OF THE NEW YORK STATE
22 CENTERS OF EXCELLENCE, FOR PURPOSES OF FACILITY DEVELOPMENT,
23 CONSTRUCTION AND IMPROVEMENT, AND FOR WORKFORCE RETENTION, RETRAINING
24 AND WORKFORCE DEVELOPMENT.
25 (B) FOR THE PURPOSES OF THIS SECTION "SAVINGS" SHALL MEAN THE SUMS OF
26 MONEY TO BE SAVED FROM THE REDUCTION OF ANY AND ALL REDUCTIONS AND
27 CLOSURES IN THE NEW YORK STATE PSYCHIATRIC HOSPITAL INPATIENT FACILI-
28 TIES, INCLUDING ALL OF THE BEDS, WARDS, UNITS, BUILDINGS AND REAL PROP-
29 ERTY APPURTENANT THERETO, TO BE CALCULATED ANNUALLY, BASED UPON THE
30 PROJECTED CLOSURES FOR THE UPCOMING FISCAL YEAR, AND ADJUSTED ANNUALLY
31 AT THE END OF THE FISCAL YEAR, AS PART OF THE STATE BUDGET PROCESS.
32 (C) CONTRACTS FOR SERVICES UNDER THE PROVISIONS OF THIS SECTION MAY BE
33 ENTERED INTO FOR A PERIOD NOT TO EXCEED FIVE YEARS, AND MAY BE RENEWED
34 AS APPROPRIATE. ALL FUNDS ALLOCATED HEREIN ARE SUBJECT TO ALL REPORTING
35 REQUIREMENTS AND AGENCY REVIEW AND AUDIT PROVISIONS REQUIRED AND ESTAB-
36 LISHED ELSEWHERE IN LAW, THAT ARE APPLICABLE TO PROGRAMS AND SERVICES
37 PROVIDED THROUGH THE OFFICE OF MENTAL HEALTH.
38 (D) STATE AID GRANTS AND OTHER FUNDING PROVIDED PURSUANT TO THIS
39 SECTION SHALL ONLY BE USED TO FUND COMMUNITIES OF EXCELLENCE MENTAL
40 HEALTH SERVICES, INCLUDING APPROVED ADMINISTRATIVE EXPENSES. SUCH GRANTS
41 AND OTHER FUNDS SHALL NOT BE USED FOR CAPITAL COSTS ASSOCIATED WITH THE
42 DEVELOPMENT OF COMMUNITIES OF EXCELLENCE MENTAL HEALTH SERVICES;
43 PROVIDED, HOWEVER, THAT SUCH FUNDS MAY BE USED FOR PROGRAM DEVELOPMENT
44 COSTS FOR SUCH SERVICES.
45 S 6. Subdivision (c) of section 5.07 of the mental hygiene law is
46 amended by adding a new paragraph 6 to read as follows:
47 (6) (A) THE OFFICE OF MENTAL HEALTH SHALL CREATE, WITHIN THIRTY DAYS
48 OF THE EFFECTIVE DATE OF THIS PARAGRAPH, AN INVENTORY OF ALL EXISTING
49 IN-PATIENT FACILITIES AS DESCRIBED IN SECTION 41.55 OF THIS CHAPTER. THE
50 OFFICE OF MENTAL HEALTH SHALL ALSO BE REQUIRED AS PART OF THE INVENTORY
51 TO EVALUATE AND ASSIGN AN ACTUAL DOLLAR AMOUNT TO THE COST OF EACH OF
52 THE ITEMS SET FORTH IN SUCH DESCRIPTION.
53 (B) IN CONJUNCTION WITH THE PLANNING FOR THE NEW YORK STATE OFFICE OF
54 MENTAL HEALTH REGIONAL CENTERS OF EXCELLENCE, THE COMMISSIONER IS
55 DIRECTED TO PREPARE A REPORT, TO BE DELIVERED TO THE LEGISLATURE, NO
S. 5631--A 4
1 LATER THAN FEBRUARY TWENTY-EIGHTH, TWO THOUSAND FOURTEEN, OUTLINING THE
2 PLAN FOR DOWNSIZING THE INPATIENT PSYCHIATRIC HOSPITAL, INCLUSIVE OF:
3 (I) THE NAME, LOCATION AND CATCHMENT AREAS OF EACH OF THE REGIONAL
4 CENTERS OF EXCELLENCE;
5 (II) THE SERVICES TO BE PROVIDED AT EACH REGIONAL CENTER OF EXCEL-
6 LENCE, INCLUSIVE OF INPATIENT, OUTPATIENT, TRANSITIONAL AND STATE OPER-
7 ATED COMMUNITY-BASED PROGRAMS;
8 (III) THE ANTICIPATED STAFFING LEVELS WHICH WILL BE IN PLACE AT EACH
9 FACILITY FOR TWO THOUSAND FOURTEEN -- TWO THOUSAND FIFTEEN STATE FISCAL
10 YEAR;
11 (IV) THE ANTICIPATED NUMBER OF BEDS AT EACH FACILITY; AND
12 (V) THE FACILITIES, WARDS, UNITS AND BEDS TO BE ELIMINATED AT EACH OF
13 THE FACILITIES INCLUDED IN CLAUSES (I), (II), (III) AND (IV) OF THIS
14 SUBPARAGRAPH.
15 (C) UPON COMPLETION OF THIS REPORT REQUIRED BY SUBPARAGRAPH (B) OF
16 THIS PARAGRAPH, AND BEGINNING WITH THE TWO THOUSAND FOURTEEN -- TWO
17 THOUSAND FIFTEEN STATE FISCAL YEAR, CLAUSES (I), (II), (III), (IV) AND
18 (V) OF SUBPARAGRAPH (B) OF THIS PARAGRAPH SHALL BE INCORPORATED INTO THE
19 PLAN REQUIRED BY THIS SUBDIVISION.
20 S 7. This act shall take effect immediately; provided that section six
21 of this act shall take effect on the same date and in the same manner as
22 section 3 of part N of chapter 56 of the laws of 2012, as amended.