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.
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, chemical dependence and compulsive gambling services for the elderly under the geriatric service 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, chemical dependence, and compulsive gambling.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends Section 7.41 of the Metal Hygiene Law. Requires the consideration of chemical dependence and compulsive gambling services for mental health programs directed to seniors.
Section 2. Amends section 3 of chapter 568 of the laws of 2005, amending the geriatric mental health act to expand the advisory scope of the geriatric mental health planning council to include chemical dependence, compulsive gambling, health, aging and other services as appropriate, and workforce development. Provides that such Council shall consist of nineteen members and shall include the Commissioner of the Office 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 co-chairs. The Adjutant General shall serve as an ex-officio member of the Council. Specifies the manner in which appointments to the Council shall be made.
Section 3. Effective Date
Title B, Article 7, Section 7.41 of the Mental Hygiene Law establishes the Geriatric Service Demonstration Program.
It is estimated that 17% of seniors suffer from alcoholism or some other form of chemical dependence. Compulsive gambling is also a growing problem. 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 services for seniors because it does not create a new bureaucracy to investigate best practices for senior chemical dependence and compulsive gambling services. It simply expands an existing planning council to address these issues among the elderly in New York State.
PRIOR LEGISLATIVE HISTORY:
2013: S.299-Reported and Committed to Finance/A.427- Referred to Aging
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
To be determined.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 299--A 2013-2014 Regular Sessions IN 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 -- recommitted to the Committee on Mental Health and Developmental Disabilities in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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, chemical dependence and compulsive gambling services for the elderly under the geriatric service 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 demonstration program. (a) The office shall establish a geriatric service demonstration program to provide grants, within appropriations therefor, to providers of mental health care, CHEMICAL DEPENDENCE SERVICES, COMPULSIVE GAMBLING SERVICES, OR ANY COMBINATION THEREOF, to the elderly, INCLUDING ORGAN- IZATIONS THAT PROVIDE HEALTH AND AGING SERVICES AS WELL AS MENTAL HEALTH, CHEMICAL DEPENDENCE, AND COMPULSIVE GAMBLING 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 deter- mine are necessary for the operation of the program. (b) Grants may be awarded by the office to providers of care to older adults with mental disabilities, CHEMICAL DEPENDENCE, COMPULSIVE GAMBL- ING, OR ANY COMBINATION THEREOF, for the purposes which may include one or more of the following:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00506-03-4 S. 299--A 2
(1) Community integration. Programs which enable older adults with mental disabilities OR OLDER ADULTS SUFFERING FROM CHEMICAL DEPENDENCE OR COMPULSIVE GAMBLING to age SAFELY in the community and prevent the unnecessary use of institutional care; (2) Improved quality of treatment. Programs for older adults which improve the quality of mental health care, CHEMICAL DEPENDENCE OR COMPULSIVE GAMBLING SERVICES in the community OR IN RESIDENTIAL FACILI- TIES; (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, COMPULSIVE GAMBLING, health AND AGING SERVICES professionals by developing alternative service roles for para- professionals and volunteers, including peers, and programs more effec- tive 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 OR COMPULSIVE GAMBLING; and (9) Staff training. Programs which offer on-going training initiatives including improved clinical and cultural skills, evidence based geria- tric mental health, CHEMICAL DEPENDENCE AND COMPULSIVE GAMBLING TREAT- MENT 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;S. 299--A 3
(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; (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, COMPULSIVE GAMBLING, 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.