Enacts the "minority mental health act" to establish the division of minority mental health within the office of mental health; provides that such division shall be responsible for assuring that mental health programs and services are culturally and linguistically appropriate to meet the needs of racial and ethnic minorities.

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S852-2013 Actions

• Jan 9, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S852-2013 Memo

BILL NUMBER:S852

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to establishing the
division of minority mental health within the office of mental health,
and providing for its powers and duties

PURPOSE:
The purpose of this bill is to evaluate and improve the current mental
health service delivery model for ethnic and minority populations in
New York State.

SUMMARY OF PROVISIONS:
Section 1 sets forth the legislative intent.

Section 2 provides the short title of this act, "The Minority Mental
Health Act."

Section 3 adds a new Article 8 to the Mental Hygiene Law titled
"Division of Minority Mental Health." This section establishes a new
Division of Minority Mental Health within the Office of Mental Health
(OMH) for the purpose of addressing a broad spectrum of mental health
care issues specifically focused on the needs of racial and ethnic
minority populations in New York State. Additionally, the bill
establishes a Minority Mental Health Council within the newly created
Division of Minority Health to assist the Commissioner of OMH with
minority mental health issues, and to conduct a study on the mental
health needs of racial and ethnic minorities. In such study, the
Council is required to examine the availability and effectiveness of
current programs, examine an array of issues impacting service
delivery to minority populations, and to provide recommendations to
address the identified unmet needs. The Council is further required
to report its findings to the Governor and the Legislature within 18
months of the effective date of this legislation.

Section 4 provides that this bill would take effect April 1 following
enactment.

JUSTIFICATION:
New York State's population reflects a diversity of cultures and
ethnicities. According to the 2000 Census, minority populations
constitute approximately 32% of the State's population and 62% of New
York City's population. Consistent with these figures is the stark
reality that there is a lack of available and adequate mental health
services in languages other than English, and that there are high
rates of under-utilization of available mental health services by
minority populations.

The fundamental need to address this disparity was recognized in the
President's New Freedom Commission on Mental Health. In the 2002
report, the Commission acknowledged that "the mental health system
has not kept pace with the diverse needs of racial and ethnic
minorities, often under serving or inappropriately serving them.
Specifically, the system has neglected to incorporate respect or
understanding of the histories, traditions, beliefs, languages, and


value systems of culturally diverse groups. Misunderstanding and
misinterpreting behaviors
have led to tragic consequences, including
inappropriately placing minorities in the criminal and juvenile
justice systems." New York State must take a proactive role in
removing the numerous barriers existent in the current mental health
system. This legislation would provide a bold foundation for
improving access, quality and the outcomes of mental health services
provided to the culturally diverse populations across the State.

LEGISLATIVE HISTORY:
2011-12: S.3063 - Died in Mental Health
Same as S.5575 of 2008
Reported to Finance. A.3732 Passed Assembly.
Same as S.4938 of 2009 Veto
49.
S.7023/A.9833 of 2010 Passed Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This bill will take effect April 1 next succeeding the date of
enactment.

S852-2013 Text

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

                                     852

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
    printed to be committed to the Committee on Mental Health and Develop-
    mental Disabilities

  AN ACT to amend the mental hygiene law, in relation to establishing  the
    division of minority mental health within the office of mental health,
    and providing for its powers and duties

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Legislative  intent.  The  legislature  hereby  finds  that
  racial  and  ethnic  minorities  in  America  comprise a substantial and
  vibrant segment of the United States population. According to  the  2000
  United  States Census, minorities comprised the majority of the New York
  City population. Further, the legislature finds that nearly half of  all
  New  York  City  households speak a language other than English at home,
  and that the "enormous shortage  of  trained  bilingual  and  bicultural
  counselors, therapists, psychiatrists and social workers, make it impos-
  sible,  for many limited-English-proficient New Yorkers to obtain refer-
  rals and timely, appropriate mental health  services"  (New  York  State
  Assembly  Standing  Committee  on Mental Health report, AN EVALUATION OF
  THE DELIVERY OF MENTAL HYGIENE SERVICES  IN  NEW  YORK  STATE,  February
  2005).  Moreover, the legislature finds that the President's New Freedom
  Commission on Mental Health also found that the mental health system  in
  the  United  States  "has not kept pace with the diverse needs of racial
  and ethnic minorities.  Misunderstanding and  misinterpreting  behaviors
  have  led  to  tragic  consequences,  including  inappropriately placing
  minorities in the criminal and juvenile justice systems."  Consequently,
  the  legislature  finds that a division of minority mental health should
  be created to address the unique mental health needs of the  racial  and
  ethnic minority citizens of the state.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02835-01-3

 S. 852                              2

    S  2.  Short  title.  This  act shall be known and may be cited as the
  "minority mental health act".
    S  3.  The  mental hygiene law is amended by adding a new article 8 to
  read as follows:

                                  ARTICLE 8
                         DIVISION OF MINORITY MENTAL
                                   HEALTH
  SECTION 8.01 DECLARATION OF POLICY.
          8.03 DEFINITIONS.
          8.05 DIVISION OF MINORITY MENTAL HEALTH.
          8.07 SCOPE OF RESPONSIBILITIES.
          8.09 MINORITY MENTAL HEALTH COUNCIL.

  S 8.01 DECLARATION OF POLICY.
    THE STATE OF NEW YORK AND ITS LOCAL GOVERNMENTS HAVE A  RESPONSIBILITY
  TO CARE FOR AND TREAT ALL OF ITS CITIZENS SUFFERING FROM MENTAL DISABIL-
  ITIES.  TO  ADDRESS  THE  GROWING AND SIGNIFICANT DISCONNECT BETWEEN THE
  MENTAL HEALTH CARE NEEDS, AND  THE  AVAILABILITY  AND  ACCESSIBILITY  OF
  CULTURALLY  AND LINGUISTICALLY COMPETENT CARE FOR ALL NEW YORKERS, A NEW
  DIVISION OF MINORITY MENTAL HEALTH IS CREATED. THE DIVISION SHALL  FOCUS
  ON ASSESSING THE MENTAL HEALTH NEEDS OF RACIAL AND ETHNIC MINORITY POPU-
  LATIONS  AND  STRIVE TO BEST ENSURE THAT APPROPRIATE CARE IS PROVIDED TO
  THESE INDIVIDUALS.
  S 8.03 DEFINITIONS.
    AS USED IN THIS ARTICLE:

    (A) "COUNCIL" MEANS THE MINORITY MENTAL HEALTH COUNCIL ESTABLISHED  BY
  SECTION 8.09 OF THIS ARTICLE.
    (B)  "DIVISION"  MEANS  THE DIVISION OF MINORITY HEALTH ESTABLISHED BY
  SECTION 8.05 OF THIS ARTICLE.
  S 8.05 DIVISION OF MINORITY MENTAL HEALTH.
    THERE IS HEREBY ESTABLISHED, WITHIN THE OFFICE, A DIVISION OF MINORITY
  MENTAL HEALTH. THE DIVISION SHALL ASSIST THE OFFICE AND THE COMMISSIONER
  IN CARRYING OUT THEIR POWERS AND DUTIES RELATING  TO  THE  PROVISION  OF
  MENTAL HEALTH SERVICES TO RACIAL AND ETHNIC MINORITIES.
  S 8.07 SCOPE OF RESPONSIBILITIES.
    THE DIVISION SHALL:

    (A)  BE  RESPONSIBLE  FOR  ASSURING  THAT  MENTAL  HEALTH PROGRAMS AND
  SERVICES ARE CULTURALLY AND LINGUISTICALLY APPROPRIATE TO MEET THE NEEDS
  OF RACIAL AND ETHNIC MINORITIES;
    (B) SERVE AS LIAISON AND ADVOCATE FOR THE OFFICE  ON  MINORITY  MENTAL
  HEALTH  MATTERS.    THIS  FUNCTION  SHALL INCLUDE THE PROVISION OF STAFF
  SUPPORT TO THE COUNCIL AND  THE  ESTABLISHMENT  OF  APPROPRIATE  PROGRAM
  LINKAGE WITH RELATED FEDERAL, STATE, AND LOCAL AGENCIES AND PROGRAMS;
    (C)  ASSIST PROFESSIONAL SCHOOLS AND STATE AGENCIES TO DEVELOP COMPRE-
  HENSIVE PROGRAMS TO IMPROVE THE SUPPLY OF MINORITY MENTAL HEALTH PERSON-
  NEL BY PROMOTING MINORITY MENTAL HEALTH CLINICAL TRAINING AND CURRICULUM
  IMPROVEMENT, AND DISSEMINATING MINORITY MENTAL HEALTH CAREER INFORMATION
  TO HIGH SCHOOL AND COLLEGE STUDENTS; AND
    (D) REVIEW THE IMPACT OF PROGRAMS, REGULATIONS AND MENTAL HEALTH  CARE
  REIMBURSEMENT  POLICIES  ON  MINORITY MENTAL HEALTH SERVICE DELIVERY AND
  ACCESS.
  S 8.09 MINORITY MENTAL HEALTH COUNCIL.
    (A) THERE IS HEREBY  ESTABLISHED,  WITHIN  THE  DIVISION,  A  MINORITY
  MENTAL  HEALTH  COUNCIL  TO  CONSIST  OF  THE  COMMISSIONER AND FOURTEEN
  APPOINTED MEMBERS.  THE COMMISSIONER SHALL SERVE AS  THE  CHAIR  OF  THE
  COUNCIL.    THE  APPOINTED MEMBERSHIP OF THE COUNCIL SHALL HAVE RELEVANT

 S. 852                              3

  EXPERIENCE RELATED TO THE PROVISION OR RECEIPT OF MINORITY SERVICES  AND
  SHALL  BE  REFLECTIVE OF THE DIVERSITY OF THE STATE'S POPULATION INCLUD-
  ING, BUT NOT LIMITED TO, THE VARIOUS MINORITY POPULATIONS THROUGHOUT THE
  STATE.  THE MEMBERS SHALL BE APPOINTED AS FOLLOWS:

    1. FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
    2.  FOUR  MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
  SENATE;
    3. FOUR MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
    4. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
  AND
    5. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE  ASSEM-
  BLY.
    (B)  THE  APPOINTED  MEMBERS OF THE COUNCIL SHALL EACH SERVE A TERM OF
  TWO YEARS, BUT SHALL CONTINUE TO SERVE IN OFFICE UNTIL THEIR  SUCCESSORS
  ARE  APPOINTED.  ALL VACANCIES IN THE MEMBERSHIP OF THE COUNCIL SHALL BE
  FILLED FOR THE UNEXPIRED TERM WITHIN SIX MONTHS OF THE DATE THE  VACANCY
  OCCURS.  VACANCIES  SHALL  BE  FILLED IN THE SAME MANNER AS THE ORIGINAL
  APPOINTMENT.
    (C) THE COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY  REQUIRE,
  BUT  IN  NO  CASE SHALL IT MEET LESS THAN FOUR TIMES DURING ANY CALENDAR
  YEAR.
    (D) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
  SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
  INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS ARTICLE.
    (E) THE COUNCIL SHALL:

    1. AT THE REQUEST OF THE COMMISSIONER, CONSIDER ANY MATTER RELATING TO
  THE PROVISION AND IMPROVEMENT OF MINORITY MENTAL HEALTH SERVICES; AND
    2.  CONDUCT  A  STUDY  ON THE MENTAL HEALTH NEEDS OF RACIAL AND ETHNIC
  MINORITIES AND THE AVAILABILITY AND EFFECTIVENESS OF  PROGRAMS  DESIGNED
  TO  MEET SUCH NEEDS. SUCH STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, AN
  EXAMINATION OF: RATES OF UNDERUTILIZATION OF MENTAL HEALTH  SERVICES  BY
  SPECIFIC  RACIAL AND ETHNIC MINORITY GROUPS, THE REASONS CONTRIBUTING TO
  SUCH  UNDERUTILIZATION  PATTERNS,  THE  AVAILABILITY  OF  MENTAL  HEALTH
  SERVICES SPECIFICALLY DESIGNED TO ADDRESS THE NEEDS OF IDENTIFIED RACIAL
  AND  ETHNIC  MINORITIES  AND  RECOMMENDATIONS  FOR ADDRESSING IDENTIFIED
  UNMET NEEDS  AND  FOR  IMPROVING  THE  AVAILABILITY  OF  CULTURALLY  AND
  LINGUISTICALLY  APPROPRIATE SERVICES. THE COUNCIL SHALL REPORT ITS FIND-
  INGS AND RECOMMENDATIONS TO THE GOVERNOR, THE COMMISSIONER,  THE  TEMPO-
  RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIR-
  PERSONS  OF  THE  SENATE  MENTAL  HEALTH  AND DEVELOPMENTAL DISABILITIES
  COMMITTEE AND THE ASSEMBLY  MENTAL  HEALTH  COMMITTEE,  WITHIN  EIGHTEEN
  MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE.
    S  4. This act shall take effect on the first of April next succeeding
  the date on which it shall have become a law; provided that any appoint-
  ments, rules and regulations necessary to implement  the  provisions  of
  this  act  on  its  effective  date  are  authorized  and directed to be
  completed on or before such date.