Broadens the geriatric service demonstration program to include older adults with mental health disabilities and chemical dependence; renames the program to be the geriatric mental health and chemical dependence demonstration program; allows for grants to be awarded by the office to providers of care to older adults with chemical dependence.

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S299-2013 Actions

• Mar 6, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 9, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S299-2013 Meetings

Mental Health and Developmental Disabilities: Mar 6, 2013

S299-2013 Votes

S299-2013 Memo

BILL NUMBER:S299

TITLE OF BILL:

An act
to amend the mental hygiene law
and chapter 568 of the laws of 2005, amending the mental hygiene law
relating to enacting the geriatric mental health act,
in relation to mental health care and
chemical dependence
services for the elderly under the geriatric mental health
and chemical dependence demonstration program

PURPOSE OR GENERAL IDEA OF BILL:

To amend the existing geriatric mental health act to expand the
advisory scope of the interagency geriatric mental health planning
council to include issues of substance abuse and chemical dependence.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends Section 7.41 of the Mental Hygiene Law. Renames such
section as the "Geriatric Mental Health and Chemical Dependence
Demonstration program". Requires the consideration of chemical
dependence services for mental health programs directed to seniors.

Section 2 Amends section 3 of chapter 568 of the laws of 2005. Expands
the advisory scope of the Interagency Geriatric Mental Health and
Chemical Dependence Planning Council. Makes technical amendments to
such section.

Section 3 provides for an effective date.

EXISTING LAW:
Title B, Article 7, Section 7.41 of the Mental Hygiene
Law establishes the Geriatric Service Demonstration Program.

JUSTIFICATION:
It is estimated that 17% of seniors suffer from alcoholism or some
other form of chemical dependence. As our senior population is
expected to increase over the next 15 years, we must act proactively
to develop programs and strategies to meet the expected needs of our
seniors. This legislation is unlike previous attempts to provide
chemical dependence services for seniors because it does not create a
new bureaucracy to investigate best practices for senior chemical
dependence services. It simply expands an existing planning council
to address chemical dependence among the elderly in New York State.

PRIOR LEGISLATIVE HISTORY:
2012:    S.308 - Notice of Committee Consideration Requested,
         Committee Discharged, Committed to Rules/A.265 - Passed
         Assembly
2011:    S.308 - Reported and Committed to Finance/A.265 - Reported
         Referred to Rules
2009-10: S.2207 - Reported and Committed to Finance/A.1843 - Reported
         Referred to Ways and Means
2008:    S.6817/A.9846 - Passed Both Houses, Veto Memo


14

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S299-2013 Text

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

                                     299

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
    printed to be committed to the Committee on Mental Health and Develop-
    mental Disabilities

  AN ACT to amend the mental hygiene law and chapter 568 of  the  laws  of
    2005,  amending the mental hygiene law relating to enacting the geria-
    tric mental health act, in relation to mental health care and chemical
    dependence services for the elderly under the geriatric mental  health
    and chemical dependence demonstration program

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 7.41 of the mental hygiene law, as added by chapter
  568 of the laws of 2005, is amended to read as follows:

  S 7.41 Geriatric [service] MENTAL HEALTH AND CHEMICAL DEPENDENCE  demon-
           stration program.
    (a) The office shall establish a geriatric [service] MENTAL HEALTH AND
  CHEMICAL  DEPENDENCE  demonstration  program  to  provide grants, within
  appropriations therefor, to providers of mental health care OR  CHEMICAL
  DEPENDENCE  SERVICES,  OR  BOTH, to the elderly, INCLUDING ORGANIZATIONS
  THAT PROVIDE HEALTH AND AGING SERVICES AS  WELL  AS  MENTAL  HEALTH  AND
  CHEMICAL DEPENDENCE ORGANIZATIONS. Such program shall be administered by
  the  office  in  cooperation with THE OFFICE OF ALCOHOLISM AND SUBSTANCE
  ABUSE SERVICES, the state office for the  aging  and  such  other  state
  agencies as the commissioner shall determine are necessary for the oper-
  ation of the program.
    (b)  Grants may be awarded by the office to providers of care to older
  adults with mental disabilities OR CHEMICAL DEPENDENCE, OR BOTH, for the
  purposes which may include one or more of the following:

    (1) Community integration. Programs which  enable  older  adults  with
  mental  disabilities  OR OLDER ADULTS SUFFERING FROM CHEMICAL DEPENDENCE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00506-01-3

 S. 299                              2

  to age SAFELY in the community and prevent the unnecessary use of insti-
  tutional care;
    (2)  Improved  quality  of  treatment. Programs for older adults which
  improve the  quality  of  mental  health  care  OR  CHEMICAL  DEPENDENCE
  SERVICES in the community OR IN RESIDENTIAL FACILITIES;
    (3)  Integration  of  services. Programs which integrate mental health
  and  aging  services  with  alcohol,  drug,  health  and  other  support
  services;
    (4) Workforce. Programs which make more efficient use of mental health
  [and],  CHEMICAL  DEPENDENCE, health AND AGING SERVICES professionals by
  developing alternative service roles for  paraprofessionals  and  volun-
  teers,  including  peers, and programs more effective in recruitment and
  retention of bi-lingual, bi-cultural or culturally competent staff;
    (5) Family support. Programs which provide support for family caregiv-
  ers, to include the provision of care to older adults by younger  family
  members and by older adults to younger family members;
    (6)  Finance. Programs which have developed and implemented innovative
  financing methodologies to support the delivery of best practices;
    (7) Specialized populations. Programs which  concentrate  on  outreach
  to,  engagement  of  and  effective  treatment of cultural minorities OR
  VETERANS AS DEFINED IN SECTION EIGHTY-FIVE OF THE CIVIL SERVICE LAW;
    (8) Information clearinghouse. Programs which compile, distribute  and
  make available information on clinical developments, program innovations
  and  policy  developments  which  improve  the care to older adults with
  mental disabilities OR SUFFERING FROM CHEMICAL DEPENDENCE; and
    (9) Staff training. Programs which offer on-going training initiatives
  including improved clinical and cultural skills, evidence  based  geria-
  tric  mental  health  AND  CHEMICAL DEPENDENCE TREATMENT skills, and the
  identification and management of mental, behavioral and substance  abuse
  disorders among older adults.
    (c)  The  commissioner  may  adopt  rules and regulations necessary to
  implement the provisions of this section.
    S 2. Section 3 of chapter 568 of the laws of 2005, amending the mental
  hygiene law relating to enacting the geriatric  mental  health  act,  as
  amended  by  chapter  203  of  the  laws  of 2008, is amended to read as
  follows:

    S 3. Interagency geriatric mental health and chemical dependence plan-
  ning council. (a) There shall be established  an  interagency  geriatric
  mental  health  and  chemical dependence planning council.  Such council
  shall consist of nineteen members, as follows:

    (1) the commissioner of mental health, the commissioner of  alcoholism
  and  substance abuse services, the director of the division of veterans'
  affairs and the director of the state office for the  aging,  who  shall
  serve  as the co-chairs of the council. The adjutant general shall serve
  as an ex-officio member of the council;
    (2) one member appointed by the commissioner  of  [mental  retardation
  and]  THE OFFICE FOR PEOPLE WITH developmental disabilities to represent
  the office [of mental retardation and]  FOR  PEOPLE  WITH  developmental
  disabilities;
    (3)  one  member  appointed by the chairman of the state commission on
  quality of care and advocacy for persons with disabilities to  represent
  such commission;
    (4)  one  member  appointed by the commissioner of health to represent
  the department of health;
    (5) one member appointed by the commissioner of education to represent
  the education department and the board of regents;

 S. 299                              3

    (6) one member appointed by the commissioner of  children  and  family
  services  to  represent  the  office  of children and family services on
  issues relating to adult protective services;
    (7) one member appointed by the commissioner of temporary and disabil-
  ity  assistance  to  represent  the  office  of temporary and disability
  assistance;
    (8) four members appointed by the governor; and
    (9) two members appointed by the temporary president of the senate and
  two members appointed by the speaker of the assembly  to  represent  any
  other  organizations  which  serve  or  advocate  on  behalf  of elderly
  persons.
    (b) The members of the council shall serve at the  pleasure  of  their
  appointing authority.
    (c)  The  council  shall meet as often as necessary, but not less than
  four times per calendar year, to develop annual recommendations,  to  be
  submitted  to  the  commissioner  of  mental health, the commissioner of
  alcoholism and substance abuse services, the director of the division of
  veterans' affairs, the adjutant general and the director  of  the  state
  office  for  the  aging,  regarding geriatric mental health and chemical
  dependence needs. Such recommendations may address issues which include:

  community  integration,  quality  improvement,  integration  of   mental
  health,  CHEMICAL  DEPENDENCE,  HEALTH, AGING AND SUCH RELEVANT services
  [with services to  address  alcoholism,  drug  abuse,  and  health  care
  needs,]  AS  APPROPRIATE;  AND workforce development, family support and
  finance.
    S 3. This act shall take effect immediately.