Bill S445A-2013

Enacts the "behavioral health and long-term care act"

Enacts the "behavioral health and long-term care act"; provides for the establishment of a behavioral health and long-term care plan.

Details

Actions

  • Jan 17, 2014: PRINT NUMBER 445A
  • Jan 17, 2014: AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • Jan 8, 2014: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • Jan 9, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Memo

BILL NUMBER:S445A

TITLE OF BILL: An act to enact the "behavioral health and long-term care act" providing for the establishment of a behavioral health and long-term care plan

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure that adults who have mental health and/or substance abuse and physical health needs are provided the opportunity to have their reeds met using a comprehensive approach.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Short Title "Behavioral Health and Long Term Care Act".

Section 2. Requires the Commissioner of the Office of Mental Health in consultation with the Commissioner of the Department of Health, the Commissioner of the Office of Alcoholism and Substance Abuse Services, and the Director of the State Office for the Aging to develop and implement a behavioral health and long-term care plan which must include coordination of provider services and interagency referrals, recommendations for integrating and coordinating federal, state and local funding, recommendations for facilitating research on best practices and model programs, an increase in alternatives to nursing homes, and supports for family caregivers. This bill would also require the plan to create specific actions to be taken, the number of people to be served, measurable phases, and a time schedule. The provisions of this plan must also be included in the statewide comprehensive plan of service for the mentally disabled pursuant to section 5.07 of the Mental Hygiene Law. This bill would require the Commissioner of the Office of Mental Health to submit a report to the Governor, the Temporary President of the Senate and the Speaker of the Assembly on or before October 1, 2017. Requires the Commissioner of Mental Health to submit a repo rt regarding the implementation of the plan, including the number of people served and other measurable outcomes, annually from October 1, 2017 until 2024.

Section 3. Effective Date

EXISTING LAW:

None

JUSTIFICATION:

Data from the Center for Medicare and Medicaid Services indicate that 35% of individuals in nursing homes are clinically depressed and 17% have other psychiatric diagnoses. Similarly, a 2002 study of home health care patients found that 13.7% suffered from major depression and an additional 10.6% suffered from minor depression. Of those with major depression, only 12.3% received adequate treatment. Only 3% of older adults in the community without a chronic physical illness have major depression, however once a chronic physical illness is added that rate jumps to 7%. If the person requires home health care the

rate of major depression doubles to 14%, and if the person needs a nursing home the rate doubles again to 30%.

In New York State, individuals receive long-term care through programs offered through one of four state agencies: the Office of Mental Health, the Office of Mental Retardation and Developmental Disabilities, the Department of Health, or the State Office for the Aging. It is uncommon for an individual to receive services from a staff who has been cross trained, or by a program that offers mental health services and care for physical health.

It is well known that demographics in New York State are changing. in fact, New York State citizens who are over the age of 65 will double from 35 million to 70 million by 2030. Not only will the need for long term care increase, but long-term care that offe:s mental health and substance abuse treatment and is responsive to developmental disabilities will be absolutely necessary. New York State must plan now to meet the multiple needs of this vulnerable population.

PRIOR LEGISLATIVE HISTORY:

2013: S.445 - Referred to Mental Health and Developmental Disabilities/A.2360 - Referred to Mental Health 2012: S.58- Referred to Mental Health and Developmental Disabilities/ A.4496 - Enacting Clause Stricken 2011: S.58 - Reported and Committed to Finance/A.4496 - Referred to Health 2010: S.3341A - Reported and Committed to Finance; Amended (T) S.3341C and Recommitted to Finance/A.7027C - Reported Referred to Ways and Means. 2009: S.3341 - Reported and Committed to Finance/A.7027 - Reported Referred to Ways and Means.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

Sixty days after enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 445--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 enact the "behavioral health and long-term care act" providing for the establishment of a behavioral health and long-term care plan 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 "behavioral health and long-term care act". S 2. The behavioral health and long-term care plan. 1. The commis- sioner of mental health, in conjunction with the commissioner of health, the commissioner of alcoholism and substance abuse services and the director of the office for the aging, shall develop and monitor the implementation of a behavioral health and long-term care plan. A subcom- mittee may be established through the interagency geriatric mental health and chemical dependency planning council to assist in the devel- opment of such plan. (a) The behavioral health and long-term care plan shall include, but not be limited to: (i) Coordination of provider services and interagency referrals of persons with a mental illness and/or chemical dependence, as defined in section 1.03 of the mental hygiene law, other than and in addition to dementia, who are in or who may be in need of long-term care, (ii) Recommendations for integrating and coordinating federal, state and local funding sources for behavioral health and long-term care, (iii) Recommendations for facilitating research on best practices and model programs, and the dissemination of such information,
(iv) An increase in alternatives to nursing homes for adults with mental illness and/or chemical dependence who also need long-term care, and (v) Support services for family caregivers who assist adults with mental illness and/or chemical dependence who also need long-term care in the community rather than in institutions such as adult homes, nurs- ing homes or psychiatric inpatient units. (b) The behavioral health and long-term care plan shall provide for specific actions to be taken for its implementation, the number of people to be served, measurable phases for the implementation, and a time schedule for the achievement of such phases. (c) The provisions of the behavioral health and long-term care plan shall be included in the statewide comprehensive plan of services for the mentally disabled pursuant to section 5.07 of the mental hygiene law. 2. On or before October 1, 2016, the commissioner of mental health shall submit a report to the governor, the temporary president of the senate, and the speaker of the assembly. On or before October 1, 2017, and annually until 2024, the commissioner of mental health shall submit a report to the governor, the temporary president of the senate, and the speaker of the assembly regarding the implementation of the plan includ- ing the number of people served and other measurable outcomes. S 3. This act shall take effect on the sixtieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus