S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8294

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            December 6, 2013
                               ___________

Introduced by M. of A. LUPARDO, RUSSELL, LIFTON, CROUCH, FRIEND, PALMES-
  ANO -- read once and referred to the Committee on Mental Health

AN  ACT  to  amend  chapter  56 of the laws of 2012, amending the mental
  hygiene law and other laws relating to  the  office  for  people  with
  developmental  disabilities  and  the  office  of  mental  health,  in
  relation to delaying the closure and consolidation of facilities oper-
  ated by such offices

  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 "freeze unsafe closures now act".
  S 2. Legislative findings. The legislature hereby finds that the state
has recently announced its intent to downsize and close numerous facili-
ties operated by the office of mental health and the office  for  people
with  developmental  disabilities.    These facilities provide inpatient
services to individuals with serious  mental  illness  or  developmental
disabilities  who  are  very frail, who are dangerous or violent, or who
are children and adolescents.  The stated purpose of these  closures  is
to  achieve  full community integration of the mentally ill and develop-
mentally disabled individuals residing throughout the state  in  accord-
ance with the Supreme Court decision in Olmstead.  Olmstead v. L.C., 527
U.S.  581  (1999),  is  a  United  States  Supreme  Court case regarding
discrimination against people with mental disabilities, which held  that
under the Americans with Disabilities Act (ADA), individuals with mental
disabilities  have  the  right  to  live in the community rather than in
institutions, if in the words of the opinion of the court, "the  State's
treatment  professionals  have  determined  that  community placement is
appropriate, the transfer from institutional care to a less  restrictive
setting is not opposed by the affected individual, and the placement can
be  reasonably accommodated, taking into account the resources available
to the State and the needs of others with  mental  disabilities".    The

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13050-03-3
              

A. 8294                             2

court  also  stated  that  "We  emphasize that nothing in the ADA or its
implementing regulations condones termination of institutional  settings
for persons unable to handle or benefit from community settings".
  These  closures would result in the loss of much-needed inpatient beds
without adequate planning for community-based,  state-provided  alterna-
tives.  This  plan  also reduces innovative programs that include family
involvement or behavior modification for the mentally ill and the devel-
opmentally disabled.   For mentally  ill  and  developmentally  disabled
consumers,  their  safety net has been cut.  The termination of services
to these individuals by the state will have a dramatic unforeseen impact
by forcing state employees to move to new communities,  disrupting  care
for  fragile consumers, increasing incidents of individuals with violent
tendencies to victimize children and others, the overburdening of hospi-
tal emergency rooms, and inundating local correctional  facilities  with
many new inmates.
  The  legislature  hereby finds that closure of these facilities is not
required by the Olmstead decision and other federal mandates to  achieve
full  community  integration of the mentally ill and the developmentally
disabled.  The state will not achieve significant  savings  by  shutting
the  doors  of  these  vital  facilities; unfortunately, there is a very
significant chance the individuals being affected by these closures will
turn up in our criminal justice system and/or health care facilities.
  The purpose of this act shall be to postpone action providing for  the
closure  of  facilities  operated by the office of mental health and the
office for people with developmental disabilities until April 1, 2015 so
more adequate planning and collaboration can occur.
  S 3. Sections 20 and 21 of part J of chapter 56 of the laws  of  2012,
amending  the  mental  hygiene law and other laws relating to the office
for people with developmental disabilities  and  the  office  of  mental
health, are amended to read as follows:
  S  20.  The commissioner of [the office for people with] developmental
disabilities shall provide notification to the  temporary  president  of
the  senate  and  the  speaker  of  the  assembly  sixty days prior to a
reduction in capacity of twenty persons or more or closure of a develop-
mental center or other institutional setting which is  subject  to  such
reduction  or closure pursuant to such commissioner's planned downsizing
and closing of institutional capacity.  PROVIDED, HOWEVER, THAT NO STATE
OPERATED FACILITY SHALL BE REDUCED IN CAPACITY OR CLOSED BY  THE  OFFICE
FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES PURSUANT TO THIS ACT PRIOR TO
APRIL 1, 2015.
  S  21.  This act shall take effect immediately, provided however, that
on or before May 31, 2012 the office for people with developmental disa-
bilities shall submit a report to the temporary president of the  senate
and  the  speaker  of  the  assembly  on  implementation  related to the
restructuring of developmental disabilities services offices. The office
shall also publish the report on the office's website. The report  shall
include  but not be limited to: the plan timeline for transition of each
of the developmental disabilities service offices  into  a  state  oper-
ations offices of the office for people with developmental disabilities;
the  location of each state operations office, its catchment area, and a
list of services that will be administered under its  jurisdiction;  and
the  location  of  each  developmental disabilities regional office, its
catchment area, and a list  of  programs  under  its  jurisdiction;  and
provided  further  that  section  twenty of this act shall expire and be
deemed repealed on [March 31, 2013] APRIL 1, 2015.

A. 8294                             3

  S 4. Sections 2 and 4 of part O of chapter 56 of  the  laws  of  2012,
amending  the  mental  hygiene law and other laws relating to the office
for people with developmental disabilities  and  the  office  of  mental
health, section 4 as amended by section 2 of part H of chapter 56 of the
laws of 2013, are amended to read as follows:
  S  2.  Notwithstanding  the  provisions of subdivisions (b) and (e) of
section 7.17 of the mental hygiene law,  section  41.55  of  the  mental
hygiene  law,  or  any  other  law to the contrary, the office of mental
health is authorized, ON AND AFTER APRIL 1, 2015, to close, consolidate,
reduce, transfer or otherwise  redesign  services  of  hospitals,  other
facilities  and programs operated by the office of mental health, and to
implement significant service reductions and reconfigurations  according
to  this  section  as  shall be determined by the commissioner of mental
health to be necessary for the cost-effective and efficient operation of
such hospitals, other facilities and programs. One  of  the  intents  of
actions taken that result in closure, consolidation, reduction, transfer
or  other  redesign of services of hospitals is to reinvest savings such
that, to the extent practicable, comparable or greater levels of  commu-
nity  based  mental  health  services  will  be provided to persons with
mental illness in need of services within the catchment  areas  of  such
hospitals,  as  determined  by  the  commissioner  of mental health with
approval from the director of the division of the budget.
  (a) In addition to the closure, consolidation or merger of one or more
facilities, the commissioner of mental  health  is  authorized,  ON  AND
AFTER  APRIL 1, 2015, to perform any significant service reductions that
would reduce inpatient bed capacity by  up  to  400  beds,  which  shall
include  but  not  be  limited to, closures of wards at a state-operated
psychiatric center or the conversion of beds to  transitional  placement
programs, provided that the commissioner provide at least 45 days notice
of  such  reductions  to  the  temporary president of the senate and the
speaker of the assembly and simultaneously post  such  notice  upon  its
public  website.  In  assessing  which significant service reductions to
undertake, the commissioner shall consider  data  related  to  inpatient
census,  indicating nonutilization or under utilization of beds, and the
efficient operation of facilities.
  (b) At least 75 days prior to the anticipated  closure,  consolidation
or  merger  of any hospitals named in subdivision (b) of section 7.17 of
the mental hygiene law, the commissioner of mental health shall  provide
notice  of such closure, consolidation or merger to the temporary presi-
dent of the senate, and speaker of the  assembly,  the  chief  executive
officer  of  the county in which the facility is located, and shall post
such notice upon its public website. The commissioner shall  be  author-
ized to conduct any and all preparatory actions which may be required to
effectuate  such closures during such 75 day period.  In assessing which
of such hospitals to close, the commissioner shall consider the  follow-
ing  factors:  (1)  the size, scope and type of services provided by the
hospital; (2) the relative quality of the care and treatment provided by
the hospital, as may be informed by  internal  or  external  quality  or
accreditation  reviews;  (3)  the current and anticipated long-term need
for the types of services provided by the facility within its  catchment
area,  which  may include, but not be limited to, services for adults or
children, or other specialized services, such as forensic services;  (4)
the  availability  of staff sufficient to address the current and antic-
ipated long term service needs; (5) the  long  term  capital  investment
required  to  ensure  that the facility meets relevant state and federal
regulatory and capital construction requirements, and national  accredi-

A. 8294                             4

tation  standards; (6) the proximity of the facility to other facilities
with space that could accommodate anticipated need, the relative cost of
any necessary renovations of such space, the relative potential  operat-
ing  efficiency  of  such  facilities,  and the size, scope and types of
services provided by the other facilities; (7) anticipated savings based
upon economies of scale or other factors; (8)  community  mental  health
services  available  in  the  facility catchment area and the ability of
such community mental health services  to  meet  the  behavioral  health
needs  of  the  impacted  consumers; (9) the obligations of the state to
place persons with mental disabilities in community settings rather than
in institutions, when appropriate; and (10) the  anticipated  impact  of
the closure on access to mental health services.
  (c)  Any  transfers of inpatient capacity or any resulting transfer of
functions shall be authorized to be made by the commissioner  of  mental
health  and  any transfer of personnel upon such transfer of capacity or
transfer of functions shall  be  accomplished  in  accordance  with  the
provisions of section 70 of the civil service law ON AND AFTER APRIL 15,
2015.
  S  4.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012;  provided
that  the  date  for  any  closure or consolidation pursuant to this act
shall be on a date certified by the commissioner of mental  health;  and
provided further, however, that SECTION TWO OF this act shall expire and
be deemed repealed [March 31, 2013] APRIL 1, 2015.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2013.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8294--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            December 6, 2013
                               ___________

Introduced by M. of A. LUPARDO, RUSSELL, LIFTON, CROUCH, FRIEND, PALMES-
  ANO,  McDONOUGH, THIELE, GRAF -- read once and referred to the Commit-
  tee on Mental Health -- recommitted to the Committee on Mental  Health
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  again  reported  from  said  committee with amendments,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend chapter 56 of the laws  of  2012,  amending  the  mental
  hygiene  law  and  other  laws  relating to the office for people with
  developmental  disabilities  and  the  office  of  mental  health,  in
  relation to delaying the closure and consolidation of facilities oper-
  ated by such offices

  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 "freeze unsafe closures now act".
  S 2. Legislative findings. The legislature hereby finds that the state
has recently announced its intent to downsize and close numerous facili-
ties  operated  by the office of mental health and the office for people
with developmental disabilities.   These  facilities  provide  inpatient
services  to  individuals  with  serious mental illness or developmental
disabilities who are very frail, who are dangerous or  violent,  or  who
are  children  and adolescents.  The stated purpose of these closures is
to achieve full community integration of the mentally ill  and  develop-
mentally  disabled  individuals residing throughout the state in accord-
ance with the Supreme Court decision in Olmstead.  Olmstead v. L.C., 527
U.S. 581 (1999),  is  a  United  States  Supreme  Court  case  regarding
discrimination  against people with mental disabilities, which held that
under the Americans with Disabilities Act (ADA), individuals with mental
disabilities have the right to live in  the  community  rather  than  in
institutions,  if in the words of the opinion of the court, "the State's

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13050-07-4
              

A. 8294--B                          2

treatment professionals have  determined  that  community  placement  is
appropriate,  the transfer from institutional care to a less restrictive
setting is not opposed by the affected individual, and the placement can
be  reasonably accommodated, taking into account the resources available
to the State and the needs of others with  mental  disabilities".    The
court  also  stated  that  "We  emphasize that nothing in the ADA or its
implementing regulations condones termination of institutional  settings
for persons unable to handle or benefit from community settings".
  These  closures would result in the loss of much-needed inpatient beds
without adequate planning for community-based,  state-provided  alterna-
tives.  This  plan  also reduces innovative programs that include family
involvement or behavior modification for the mentally ill and the devel-
opmentally disabled.   For mentally  ill  and  developmentally  disabled
consumers,  their  safety net has been cut.  The termination of services
to these individuals by the state will have a dramatic unforeseen impact
by forcing state employees to move to new communities,  disrupting  care
for  fragile consumers, increasing incidents of individuals with violent
tendencies to victimize children and others, the overburdening of hospi-
tal emergency rooms, and inundating local correctional  facilities  with
many new inmates.
  The  legislature  hereby finds that closure of these facilities is not
required by the Olmstead decision and other federal mandates to  achieve
full  community  integration of the mentally ill and the developmentally
disabled.  The state will not achieve significant  savings  by  shutting
the  doors  of  these  vital  facilities; unfortunately, there is a very
significant chance the individuals being affected by these closures will
turn up in our criminal justice system and/or health care facilities.
  The purpose of this act shall be to postpone action providing for  the
closure  of  facilities  operated by the office of mental health and the
office for people with developmental disabilities until April 1, 2015 so
more adequate planning and collaboration can occur.
  S 3. Sections 20 and 21 of part J of chapter 56 of the laws  of  2012,
amending  the  mental  hygiene law and other laws relating to the office
for people with developmental disabilities  and  the  office  of  mental
health, are amended to read as follows:
  S  20.  The commissioner of [the office for people with] developmental
disabilities shall provide notification to the  temporary  president  of
the  senate  and  the  speaker  of  the  assembly  sixty days prior to a
reduction in capacity of twenty persons or more or closure of a develop-
mental center or other institutional setting which is  subject  to  such
reduction  or closure pursuant to such commissioner's planned downsizing
and closing of institutional capacity.  PROVIDED, HOWEVER, THAT NO STATE
OPERATED FACILITY SHALL BE REDUCED IN CAPACITY OR CLOSED BY  THE  OFFICE
FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES PURSUANT TO THIS ACT PRIOR TO
APRIL 1, 2017.
  S  21.  This act shall take effect immediately, provided however, that
on or before May 31, 2012 the office for people with developmental disa-
bilities shall submit a report to the temporary president of the  senate
and  the  speaker  of  the  assembly  on  implementation  related to the
restructuring of developmental disabilities services offices. The office
shall also publish the report on the office's website. The report  shall
include  but not be limited to: the plan timeline for transition of each
of the developmental disabilities service offices  into  a  state  oper-
ations offices of the office for people with developmental disabilities;
the  location of each state operations office, its catchment area, and a
list of services that will be administered under its  jurisdiction;  and

A. 8294--B                          3

the  location  of  each  developmental disabilities regional office, its
catchment area, and a list  of  programs  under  its  jurisdiction;  and
provided  further  that  section  twenty of this act shall expire and be
deemed repealed on [March 31, 2013] APRIL 1, 2017.
  S  4.  Sections  2  and 4 of part O of chapter 56 of the laws of 2012,
amending the mental hygiene law and other laws relating  to  the  office
for  people  with  developmental  disabilities  and the office of mental
health, section 4 as amended by section 2 of part H of chapter 56 of the
laws of 2013, are amended to read as follows:
  S 2. Notwithstanding the provisions of subdivisions  (b)  and  (e)  of
section  7.17  of  the  mental  hygiene law, section 41.55 of the mental
hygiene law, or any other law to the  contrary,  the  office  of  mental
health is authorized, ON AND AFTER APRIL 1, 2017, to close, consolidate,
reduce,  transfer  or  otherwise  redesign  services of hospitals, other
facilities and programs operated by the office of mental health, and  to
implement  significant service reductions and reconfigurations according
to this section as shall be determined by  the  commissioner  of  mental
health to be necessary for the cost-effective and efficient operation of
such  hospitals,  other  facilities  and programs. One of the intents of
actions taken that result in closure, consolidation, reduction, transfer
or other redesign of services of hospitals is to reinvest  savings  such
that,  to the extent practicable, comparable or greater levels of commu-
nity based mental health services  will  be  provided  to  persons  with
mental  illness  in  need of services within the catchment areas of such
hospitals, as determined by  the  commissioner  of  mental  health  with
approval from the director of the division of the budget.
  (a) In addition to the closure, consolidation or merger of one or more
facilities,  the  commissioner  of  mental  health is authorized, ON AND
AFTER APRIL 1, 2017, to perform any significant service reductions  that
would  reduce  inpatient  bed  capacity  by  up to 400 beds, which shall
include but not be limited to, closures of  wards  at  a  state-operated
psychiatric  center  or the conversion of beds to transitional placement
programs, provided that the commissioner provide at least 45 days notice
of such reductions to the temporary president  of  the  senate  and  the
speaker  of  the  assembly  and simultaneously post such notice upon its
public website. In assessing which  significant  service  reductions  to
undertake,  the  commissioner  shall  consider data related to inpatient
census, indicating nonutilization or under utilization of beds, and  the
efficient operation of facilities.
  (b)  At  least 75 days prior to the anticipated closure, consolidation
or merger of any hospitals named in subdivision (b) of section  7.17  of
the  mental hygiene law, the commissioner of mental health shall provide
notice of such closure, consolidation or merger to the temporary  presi-
dent  of  the  senate,  and speaker of the assembly, the chief executive
officer of the county in which the facility is located, and  shall  post
such  notice  upon its public website. The commissioner shall be author-
ized to conduct any and all preparatory actions which may be required to
effectuate such closures during such 75 day period.  In assessing  which
of  such hospitals to close, the commissioner shall consider the follow-
ing factors: (1) the size, scope and type of services  provided  by  the
hospital; (2) the relative quality of the care and treatment provided by
the  hospital,  as  may  be  informed by internal or external quality or
accreditation reviews; (3) the current and  anticipated  long-term  need
for  the types of services provided by the facility within its catchment
area, which may include, but not be limited to, services for  adults  or
children,  or other specialized services, such as forensic services; (4)

A. 8294--B                          4

the availability of staff sufficient to address the current  and  antic-
ipated  long  term  service  needs; (5) the long term capital investment
required to ensure that the facility meets relevant  state  and  federal
regulatory  and capital construction requirements, and national accredi-
tation standards; (6) the proximity of the facility to other  facilities
with space that could accommodate anticipated need, the relative cost of
any  necessary renovations of such space, the relative potential operat-
ing efficiency of such facilities, and the  size,  scope  and  types  of
services provided by the other facilities; (7) anticipated savings based
upon  economies  of  scale or other factors; (8) community mental health
services available in the facility catchment area  and  the  ability  of
such  community  mental  health  services  to meet the behavioral health
needs of the impacted consumers; (9) the obligations  of  the  state  to
place persons with mental disabilities in community settings rather than
in  institutions,  when  appropriate; and (10) the anticipated impact of
the closure on access to mental health services.
  (c) Any transfers of inpatient capacity or any resulting  transfer  of
functions  shall  be authorized to be made by the commissioner of mental
health and any transfer of personnel upon such transfer of  capacity  or
transfer  of  functions  shall  be  accomplished  in accordance with the
provisions of section 70 of the civil service law ON AND AFTER APRIL 15,
2017.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after April 1, 2012; provided
that the date for any closure or  consolidation  pursuant  to  this  act
shall  be  on a date certified by the commissioner of mental health; and
provided further, however, that SECTION TWO OF this act shall expire and
be deemed repealed [March 31, 2013] APRIL 1, 2017.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2013.