Provides for fees for services rendered patients in state inpatient facilities pursuant to court orders to be paid by the county in which the court is located for the first thirty days.
TITLE OF BILL: An act to amend the mental hygiene law, in relation to fees for services rendered patients held in state inpatient facilities pursuant to court orders
PURPOSE OR GENERAL IDEA OF BILL: To relieve counties of fiscal responsibility for services rendered patients held in state inpatient facilities pursuant to court order in excess of thirty days.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 would place a 30 day limit on the fiscal responsibility of county governments for Department of Mental Health (DMH) services to certain persons being held pursuant to the order of a criminal court.
Section 2 lists the effective date as the first day of January after it has become a law.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Currently, Section 43.03 (c) of the Mental Hygiene Law provides that persons receiving mental hygiene services while being held pursuant to the order of a criminal court shall not be liable to NAB for such services. Fees due DMH for such services shall be paid by the county in which the court is located. Counties aren't responsible, however, for services to persons committed to DMH pursuant to Section 330.20 of the Criminal Procedure Law or for examination pursuant to an order of the Family Court.
JUSTIFICATION: Court ordered confinement for a mental health examination doesn't exceed 30 days except upon application of the Commissioner of Mental Health. In this case, the court may authorize confinement for an additional period -- not exceeding 30 days -- if it's satisfied that a longer period is necessary to complete the examination. Except in certain rare cases, the majority of court ordered confinements for examination are, in fact, completed within 30 days. Those exceptions usually result in a determination that the individual being examined is unfit to proceed to trial and may as in the case of a murder charge spend the rest of his or her life in a DMH facility at local government expense.
At a time when local governments are already overburdened by State mandates, it is clearly inappropriate to charge them for services in excess of 30 days over which they have no control. This is especially true in cases where the individual being examined would, under other ordinary circumstances, be committed to a DMH facility on an involuntary basis as harmful to self or others at no cost to the local government
PRIOR LEGISLATIVE HISTORY: 2007/08 - A.10913 Referred to Ways and Means (P.Rivera)
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Estimated $11 million to $12 million cost to the state annually.
EFFECTIVE DATE: This act would take effect on the first day of January after it has become a law.
STATE OF NEW YORK ________________________________________________________________________ S. 3883 A. 6147 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y March 8, 2011 ___________IN SENATE -- Introduced by Sen. McDONALD -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities IN ASSEMBLY -- Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Mental Health AN ACT to amend the mental hygiene law, in relation to fees for services rendered patients held in state inpatient facilities pursuant to court orders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (c) of section 43.03 of the mental hygiene law, as amended by chapter 7 of the laws of 2007, is amended to read as follows: (c) Patients receiving services while being held pursuant to order of a criminal court, other than patients committed to the department pursu- ant to section 330.20 of the criminal procedure law, or for examination pursuant to an order of the family court shall not be liable to the department for such services. Fees due the department for such services shall be paid by the county in which such court is located
[except that counties]FOR UP TO AND INCLUDING ONLY THE FIRST THIRTY DAYS OF SERVICES. COUNTIES shall not be responsible for the cost of services rendered patients committed to the department pursuant to section 330.20 of the criminal procedure law or patients committed to the department pursuant to article ten of this chapter. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09913-01-1