Bill S6363-2013

Relates to community mental health reinvestment services; repealer

Relates to community mental health reinvestment services; directs funding towards local mental health services that meet certain criteria; prohibits use of funds for capital projects; authorizes inspection of local government records related to grand spending; relates to facility closure and bed reduction; establishes fund which shall consist of moneys attributable to such closures and reductions.

Details

Actions

  • Feb 4, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 21, 2014: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - Feb 5, 2014
Ayes (11): Carlucci, Ball, Bonacic, Felder, Hannon, Seward, Zeldin, Tkaczyk, Krueger, Latimer, Rivera

Memo

BILL NUMBER:S6363

TITLE OF BILL: An act to amend the mental hygiene law, in relation to community mental health reinvestment services; to amend the state finance law, in relation to the community mental health reinvestment account; and to repeal certain provisions of the mental hygiene law and the state finance law relating thereto

PURPOSE: This bill is to update section 41.55 of the mental hygiene law and to expand access to community mental health services.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds subdivision 59 to section 1.03 of the mental hygiene law. Subdivision 59 defines the person centric and evidence based services to be provided under the community mental health program.

Section 2 of the bill amends subdivision (a) of section 7.15 of the mental hygiene law, requiring the commissioner of mental health to include community mental health reinvestment services in the planning and implementation process of the state office.

Section 3 of the bill amends subdivision (a) of section 41.13 of the mental hygiene law by adding a new paragraph 17 to require the office of mental health to provide community mental health reinvestment services, in areas where services are not provided by the local government unit.

Section 4 of the bill repeals the existing section 41.55 of the mental hygiene law, and replaces it with a new section 41.55, which establishes "community mental health reinvestment program."

Section 5 of the bill repeals the existing section 97-dddd of the state finance law and adds a new section 97-dddd which establishes the "community mental health reinvestment account."

JUSTIFICATION: In 2013 the Executive announced the Regional Centers of Excellence plan, which would result in the reduction in the total of number of inpatient facilities from the current 24 to 15 Regional Centers of Excellence. This reduction will result in a realized savings that must be reinvested into the community. Since 1993 and the enactment of the original Community Mental Health Reinvestment Act, which mandated that all savings realized from the closure of in-patient facilities be reinvested into community based health services has been notwithstood in recent state budgets that have included language for facility closures. This has resulted in savings realized from ward or bed closures being deposited into the general fund and not reinvested into community services.

The intent of this legislation is to ensure that one hundred percent of the savings from bed closure be reinvested and to expand access to community mental health services that are person centered and evidence-based. Use of evidence-based practices can lead to a higher quality of mental health care and improved outcomes. Re-investment in high quality mental health care that is consumer-centric can lead to achieving important goals of recovery. Furthermore the changes made in

this legislation reflect a continued commitment to staffing at state operated facilities.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6363 IN SENATE January 21, 2014 ___________
Introduced by Sens. CARLUCCI, LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities AN ACT to amend the mental hygiene law, in relation to community mental health reinvestment services; to amend the state finance law, in relation to the community mental health reinvestment account; and to repeal certain provisions of the mental hygiene law and the state finance law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1.03 of the mental hygiene law is amended by adding a new subdivision 59 to read as follows: 59. "COMMUNITY MENTAL HEALTH REINVESTMENT SERVICES" SHALL MEAN THE FOLLOWING PERSON-CENTERED AND EVIDENCE-BASED SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS, INCLUDING CHILDREN AND ADOLESCENTS AND ADULTS WITH SERIOUS EMOTIONAL DISTURBANCES AND CO-OCCURRING DISORDERS, AS DEFINED ELSEWHERE IN THIS CHAPTER: (A) EMERGENCY AND CRISIS SERVICES PROVIDED IN A PROGRAM LICENSED, CERTIFIED, OPERATED, OR FUNDED BY THE OFFICE; (B) CASE MANAGEMENT AND INTENSIVE CASE MANAGEMENT SERVICES; (C) OUTPATIENT SERVICES WHICH PROVIDE AN ADEQUATE LEVEL OF TREATMENT AND REHABILITATION TO PERSONS LIVING WITH MENTAL ILLNESS PROVIDED IN A PROGRAM LICENSED, CERTIFIED, OPERATED OR FUNDED BY THE OFFICE; (D) RESIDENTIAL SERVICES, OTHER THAN INPATIENT SERVICES, PROVIDED IN PROGRAMS LICENSED, CERTIFIED, OPERATED OR FUNDED BY THE OFFICE, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, COMMUNITY RESIDENCES, RESIDENTIAL CARE CENTERS FOR ADULTS, FAMILY CARE HOMES, CRISIS RESIDENCE OR SUPPORTED HOUSING; (E) COMMUNITY SUPPORT SERVICES AS DEFINED IN SUBDIVISION THIRTEEN OF SECTION 41.03 OF THIS CHAPTER; (F) OTHER SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, PSYCHIATRIC REHABILITATION, CLIENT ADVOCACY, SUPPORTED EMPLOYMENT, CONSUMER SELF-HELP, FAMILY SUPPORT, PEER SUPPORT AND VOCATIONAL TRAINING AS APPROVED BY THE OFFICE;
(G) SERVICES FOR SPECIAL POPULATIONS INCLUDING THOSE LIVING WITH MENTAL ILLNESSES AND HOMELESSNESS, CO-OCCURRING SUBSTANCE ABUSE DISOR- DERS, AND/OR PHYSICAL DISABILITIES THAT MAY IMPEDE RECOVERY FROM MENTAL ILLNESS, PROVIDED BY PROGRAMS LICENSED, CERTIFIED, OPERATED OR FUNDED BY THE OFFICE; AND (H) ANY OTHER SERVICES THAT MEET THE NEEDS OF CHILDREN AND ADOLESCENTS AND ADULTS PROVIDED BY PROGRAMS LICENSED, CERTIFIED, OPERATED OR FUNDED BY THE OFFICE. S 2. Subdivision (a) of section 7.15 of the mental hygiene law, as amended by section 3 of part I of chapter 58 of the laws of 2005, is amended to read as follows: (a) The commissioner shall plan, promote, establish, develop, coordi- nate, evaluate, and conduct programs and services of prevention, diagno- sis, examination, care, treatment, rehabilitation, training, and research for the benefit of the mentally ill. Such programs shall include but not be limited to in-patient, out-patient, partial hospital- ization, day care, emergency, rehabilitative, COMMUNITY MENTAL HEALTH REINVESTMENT SERVICES PURSUANT TO SECTION 41.55 OF THIS CHAPTER, and other appropriate treatments and services. He or she shall take all actions that are necessary, desirable, or proper to implement the purposes of this chapter and to carry out the purposes and objectives of the department within the amounts made available therefor by appropri- ation, grant, gift, devise, bequest, or allocation from the mental health services fund established under section ninety-seven-f of the state finance law. S 3. Subdivision (a) of section 41.13 of the mental hygiene law is amended by adding a new paragraph 17 to read as follows: 17. THE OFFICE OF MENTAL HEALTH SHALL ALSO BE RESPONSIBLE FOR SUCH PROGRAM DEVELOPMENT RELATING TO COMMUNITY MENTAL HEALTH REINVESTMENT SERVICES IN AREAS WHERE THE RESPONSIBLE LOCAL GOVERNMENT UNIT DOES NOT RECEIVE A GRANT OF STATE AID SPECIFICALLY FOR THE PURPOSE OF FUNDING COMMUNITY MENTAL HEALTH REINVESTMENT SERVICES PURSUANT TO THIS CHAPTER. S 4. Section 41.55 of the mental hygiene law is REPEALED and a new section 41.55 is added to read as follows: S 41.55 COMMUNITY MENTAL HEALTH REINVESTMENT PROGRAM. (A) COMMUNITY MENTAL HEALTH REINVESTMENT FUNDS SHALL BE ANNUALLY ALLO- CATED BY THE COMMISSIONER BASED UPON THE FOLLOWING CRITERIA: (1) THE EFFICIENCY AND EFFECTIVENESS OF THE USE OF FUNDING WITHIN THE LOCAL GOVERNMENTAL UNIT FOR THE DELIVERY OF SERVICES TO PERSONS WITH SERIOUS MENTAL ILLNESS IN ORDER TO ASSURE THAT RESOURCES ARE MADE AVAIL- ABLE TO FUND MENTAL HEALTH SERVICES TO PERSONS DISCHARGED INTO THE COMMUNITY; AND (2) OTHER RELEVANT FACTORS THAT REQUIRE THE MAINTENANCE OF EXISTING MENTAL HEALTH SERVICES AND THE DEVELOPMENT OF NEW MENTAL HEALTH SERVICES. (B) AMOUNTS PROVIDED PURSUANT TO THIS SECTION SHALL ONLY BE USED TO FUND COMMUNITY MENTAL HEALTH REINVESTMENT SERVICES, MENTAL HEALTH WORK- FORCE RELATED ACTIVITIES, INCLUDING RECRUITMENT AND RETENTION INITI- ATIVES AND TRAINING PROGRAMS, AND OTHER GENERAL PROGRAMMATIC ACTIVITIES TO HELP ENSURE A STABLE MENTAL HEALTH SYSTEM. SUCH GRANTS AND OTHER FUNDS SHALL NOT BE USED FOR CAPITAL COSTS ASSOCIATED WITH THE DEVELOP- MENT OF COMMUNITY MENTAL HEALTH REINVESTMENT SERVICES. (C) PRIOR TO ENTERING INTO CONTRACTS FOR THE PROVISION OF SERVICES FUNDED PURSUANT TO SUBDIVISION (B) OF THIS SECTION, THE OFFICE OF MENTAL HEALTH AND ANY LOCAL GOVERNMENTAL UNIT RECEIVING SUCH FUNDS SHALL CONSIDER THE FOLLOWING:
(1) THE SERVICE NEEDS OF PERSONS WITH SERIOUS MENTAL ILLNESS, INCLUD- ING CHILDREN AND ADOLESCENTS WITH SERIOUS EMOTIONAL DISTURBANCES, IN THE GEOGRAPHICAL AREA IN WHICH THE COMMUNITY MENTAL HEALTH REINVESTMENT PROGRAM OPERATES; (2) THE CAPACITY OF THE PROGRAM TO MEET IDENTIFIED SERVICE NEEDS AND SPECIFIED PERFORMANCE STANDARDS RELATED TO ACCESS, ADMISSION, REFERRAL, AND SERVICE COORDINATION AND DELIVERY; (3) THE EXTENT TO WHICH COMMUNITY MENTAL HEALTH REINVESTMENT SERVICES AUTHORIZED BY THE CONTRACT ARE CONSISTENT AND INTEGRATED WITH THE PLAN PREPARED AND APPROVED PURSUANT TO SECTION 41.16 OF THIS ARTICLE AND OTHER APPLICABLE PROVISIONS OF THIS ARTICLE; AND (4) THE RELIABILITY AND CAPABILITY OF THE PROVIDER, INCLUDING ITS EXPERTISE, PRIOR EXPERIENCE, FINANCIAL RESPONSIBILITY, RECORD OF ADHER- ENCE TO LAW, RECORD OF PROVIDING QUALITY CARE AND SERVICES, AND ABILITY TO DELIVER APPROPRIATE SERVICES IN A COST-EFFECTIVE AND EFFICIENT MANNER TO PERSONS WITH SERIOUS MENTAL ILLNESS. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO ESTABLISH MINIMUM CONTRACTUAL OBLIGATIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION. (D) THE COMMISSIONER IS AUTHORIZED AND EMPOWERED TO MAKE INSPECTIONS AND EXAMINE RECORDS OF A LOCAL GOVERNMENTAL UNIT RECEIVING STATE AID UNDER THIS SECTION OR A PROVIDER OF SERVICES FUNDED PURSUANT TO SUBDIVI- SION (B) OF THIS SECTION. SUCH EXAMINATION SHALL INCLUDE ALL MEDICAL, SERVICE AND FINANCIAL RECORDS, RECEIPTS, DISBURSEMENTS, CONTRACTS, LOANS AND OTHER MONEYS RELATING TO THE FINANCIAL OPERATION OF THE PROVIDER. (E) THE AMOUNT OF COMMUNITY MENTAL HEALTH REINVESTMENT FUNDS FOR THE OFFICE OF MENTAL HEALTH SHALL BE DETERMINED IN THE ANNUAL BUDGET AND SHALL INCLUDE THE AMOUNT OF ACTUAL STATE OPERATIONS GENERAL FUND APPRO- PRIATION REDUCTIONS, INCLUDING PERSONAL SERVICE SAVINGS AND OTHER THAN PERSONAL SERVICE SAVINGS DIRECTLY ATTRIBUTED TO EACH CHILD AND ADULT NON-GERIATRIC INPATIENT BED CLOSURE. FOR THE PURPOSES OF THIS SECTION A BED SHALL BE CONSIDERED TO BE CLOSED UPON THE ELIMINATION OF FUNDING FOR SUCH BEDS IN THE EXECUTIVE BUDGET. THE APPROPRIATION REDUCTIONS AS A RESULT OF INPATIENT BED CLOSURES SHALL BE NO LESS THAN ONE HUNDRED PERCENT AND SHALL BE NO LESS THAN ONE HUNDRED TEN THOUSAND DOLLARS OF THE CALCULATED VALUE OF SAVINGS PER BED ON A FULL ANNUAL BASIS, AS ANNU- ALLY CALCULATED AND RECOMMENDED BY THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, IN THE EXECUTIVE BUDGET REQUEST PRIOR TO THE FISCAL YEAR FOR WHICH THE EXECUTIVE BUDGET IS BEING SUBMIT- TED. THE METHODOLOGIES USED TO CALCULATE THE PER BED CLOSURE SAVINGS SHALL BE DEVELOPED BY THE COMMISSIONER AND THE DIRECTOR OF THE BUDGET. IN NO EVENT SHALL THE FULL ANNUAL VALUE OF COMMUNITY MENTAL HEALTH REIN- VESTMENT PROGRAMS ATTRIBUTABLE TO BEDS CLOSED AS A RESULT OF NET INPA- TIENT CENSUS DECLINE EXCEED THE TWELVE MONTH VALUE OF THE OFFICE OF MENTAL HEALTH STATE OPERATIONS GENERAL FUND REDUCTIONS RESULTING FROM SUCH CENSUS DECLINE. SUCH REINVESTMENT AMOUNT SHALL BE MADE AVAILABLE IN THE SAME PROPORTION BY WHICH THE OFFICE OF MENTAL HEALTH'S STATE OPER- ATIONS GENERAL FUND APPROPRIATIONS ARE REDUCED EACH YEAR AS A RESULT OF CHILD AND ADULT NON-GERIATRIC INPATIENT BED CLOSURES DUE TO CENSUS DECLINE. (F) ADDITIONAL REINVESTMENT AMOUNTS SHALL BE MADE AVAILABLE FOR APPRO- PRIATION IN THE EXECUTIVE BUDGET BASED UPON STATE OPERATION GENERAL FUND APPROPRIATIONS DIRECTLY ATTRIBUTED TO THE CO-LOCATION OR CLOSURE OF PSYCHIATRIC CENTERS MADE PURSUANT TO LAW. SUCH AMOUNT SHALL BE MADE AVAILABLE AT THE SAME PROPORTION BY WHICH THE OFFICE OF MENTAL HEALTH STATE OPERATIONS GENERAL FUND APPROPRIATIONS ARE REDUCED EACH YEAR AS A RESULT OF FACILITY CO-LOCATIONS AND CLOSURES.
(G) THE ANNUAL COMMUNITY MENTAL HEALTH REINVESTMENT APPROPRIATION SHALL REFLECT THE AMOUNT OF STATE OPERATIONS GENERAL FUND APPROPRIATION REDUCTIONS RESULTING FROM SUBDIVISIONS (E) AND (F) OF THIS SECTION. WITHIN ANY FISCAL YEAR WHERE APPROPRIATION INCREASES ARE RECOMMENDED FOR THE COMMUNITY MENTAL HEALTH REINVESTMENT PROGRAM, INSOFAR AS PROJECTED INPATIENT CENSUS DECLINE OR FACILITY CO-LOCATIONS OR CLOSURES DO NOT OCCUR AS ESTIMATED, AND STATE OPERATIONS GENERAL FUND SAVINGS DO NOT RESULT, THEN THE REINVESTMENT APPROPRIATIONS SHALL BE MADE AVAILABLE, AS NEEDED, FOR TRANSFER FROM THE OFFICE OF MENTAL HEALTH GENERAL FUND-AID TO LOCALITIES ACCOUNT TO THE OFFICE OF MENTAL HEALTH GENERAL FUND-STATE PURPOSES ACCOUNT TO PAY FOR ANY NECESSARY INPATIENT EXPENSES. THE TOTAL COMMUNITY MENTAL HEALTH REINVESTMENT APPROPRIATION ALSO MAY INCLUDE SUCH ADDITIONAL APPROPRIATIONS, AS SHALL BE DETERMINED TO BE NEEDED AND APPROVED BY THE LEGISLATURE, TO FUND ALL THE PROVISIONS OF THIS SECTION. (H) AMOUNTS MADE AVAILABLE TO THE COMMUNITY MENTAL HEALTH REINVESTMENT PROGRAM OF THE OFFICE OF MENTAL HEALTH SHALL BE SUBJECT TO ANNUAL APPRO- PRIATIONS THEREFOR. UP TO FIFTEEN PERCENT OF THE AMOUNTS SO APPROPRIATED SHALL BE MADE AVAILABLE FOR STAFF TRAINING, STAFFING AT STATE MENTAL HEALTH FACILITIES OR TO AID IN WORKFORCE TRANSITION AND AT LEAST SEVEN PERCENT OF THE REMAINING FUNDS MAY BE ALLOCATED FOR STATE OPERATED COMMUNITY SERVICES PURSUANT TO THIS SECTION. (I) FOR PURPOSES OF THIS SECTION, THE TERM "STATE OPERATIONS GENERAL FUND" SHALL MEAN THE OFFICE OF MENTAL HEALTH STATE OPERATIONS GENERAL FUND APPROPRIATIONS BEFORE ANY OFFSET FROM THE SPECIAL REVENUE FUNDS-OTHER MISCELLANEOUS SPECIAL REVENUE FUND OR MENTAL HYGIENE PATIENT INCOME ACCOUNT. (J) NO PROVISION IN THIS SECTION SHALL CREATE OR BE DEEMED TO CREATE ANY RIGHT, INTEREST OR ENTITLEMENT TO SERVICES OR FUNDS THAT ARE THE SUBJECT OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN WHICH ADDED THIS SECTION, OR TO ANY OTHER SERVICES OR FUNDS, WHETHER TO INDIVIDUALS, LOCALITIES, PROVIDERS OR OTHERS, INDIVIDUALLY OR COLLECTIVELY. (K) ALL APPROPRIATIONS FOR COMMUNITY MENTAL HEALTH REINVESTMENT SERVICES SHALL BE ADJUSTED IN THE FOLLOWING FISCAL YEAR TO REFLECT THE VARIANCE BETWEEN THE INITIAL AND REVISED ESTIMATES OF CENSUS DECLINE. S 5. Section 97-dddd of the state finance law is REPEALED and a new section 97-dddd is added to read as follows: S 97-DDDD. COMMUNITY MENTAL HEALTH REINVESTMENT ACCOUNT. 1. THERE IS HEREBY CREATED IN THE CUSTODY OF THE STATE COMPTROLLER AND THE COMMIS- SIONER OF TAXATION AND FINANCE AN ACCOUNT OF THE SPECIAL REVENUE FUND TO BE KNOWN AS THE COMMUNITY MENTAL HEALTH REINVESTMENT ACCOUNT. 2. THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH SHALL NOTIFY THE DIRECTOR OF THE BUDGET WHEN THE NUMBER OF CHILDREN'S PSYCHIATRIC CENTER BEDS OR ADULT, NON-GERIATRIC PSYCHIATRIC CENTER BEDS CLOSED IN ANY ONE YEAR EXCEEDS THE NUMBER OF BEDS PROJECTED TO BE CLOSED BY THE OFFICE OF MENTAL HEALTH IN THE EXECUTIVE BUDGET REQUEST SUBMITTED IN THE YEAR PRIOR TO THE FISCAL YEAR FOR WHICH THE EXECUTIVE BUDGET IS BEING SUBMIT- TED. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY THE DIRECTOR OF THE BUDGET SHALL THEN TRANSFER THE AMOUNT OF ACTUAL STATE OPERATIONS GENERAL FUND APPROPRIATION REDUCTIONS, INCLUDING PERSONAL SERVICE AND NONPERSONAL SERVICE, DIRECTLY ATTRIBUTED TO THE CLOSURE OF SUCH BEDS, TO THE STATE COMPTROLLER WHO SHALL THEN CREDIT SUCH APPROPRIATION REDUCTIONS TO THE COMMUNITY MENTAL HEALTH REINVEST- MENT ACCOUNT. THE PER BED APPROPRIATION REDUCTION SHALL BE NO LESS THAN ONE HUNDRED PERCENT AND SHALL BE NO LESS THAN ONE HUNDRED TEN THOUSAND DOLLARS OF THE CALCULATED VALUE OF SAVINGS ON A FULL ANNUAL BASIS.
3. MONEYS OF THIS ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE, SHALL BE AVAILABLE TO THE OFFICE OF MENTAL HEALTH FOR DISBURSEMENT TO LOCAL GOVERNMENTS AND NOT-FOR-PROFIT OPERATED MENTAL HEALTH AGENCIES FOR SERVICES AND EXPENSES OF COMMUNITY SERVICES REINVESTMENT. S 6. This act shall take effect immediately.

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