S3883-2011 Actions

• Jan 23, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
• Mar 8, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S3883-2011 Meetings

S3883-2011 Votes

S3883-2011 Memo

BILL NUMBER:S3883

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.

S3883-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 3883                                                  A. 6147
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 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

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