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

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S58-2011 Actions

• Jan 4, 2012: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
• Mar 23, 2011: REPORTED AND COMMITTED TO FINANCE
• Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S58-2011 Meetings

Mental Health and Developmental Disabilities: Mar 23, 2011

S58-2011 Votes

S58-2011 Memo

BILL NUMBER:S58             REVISED 12/30/11

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  needs  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 by October 1, 2013 and annually until 2021.

Section 3 - Effective Date

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 offers 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:
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.

S58-2011 Text

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

                                     58

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  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 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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00245-01-1

 S. 58                               2

    (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, 2013, 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, 2014,
  and annually until 2021, 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.