S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3751--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. MAGNARELLI, GUNTHER -- read once and referred to
   the Committee on Mental Health -- committee discharged, bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the mental hygiene law, in relation to access to mental
   health services for children who are  referred  to  the  pre-admission
   certification committee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 9.51 of the mental hygiene law is amended by adding
 two new subdivisions (h) and (i) to read as follows:
   (H) WHENEVER A MEDICAID ELIGIBLE INDIVIDUAL UP TO TWENTY-ONE YEARS  OF
 AGE IS REFERRED TO THE PRE-ADMISSION CERTIFICATION COMMITTEE BY A PHYSI-
 CIAN AUTHORIZED TO DISCHARGE SUCH INDIVIDUAL FROM AN INPATIENT HOSPITAL,
 SUCH  INDIVIDUAL  SHALL  HAVE  ACCESS  TO THE MENTAL HEALTH SERVICES FOR
 WHICH THEY ARE DETERMINED TO BE IN NEED OF BY  THE  REFERRING  PHYSICIAN
 FOR  UP TO THIRTY DAYS PENDING THE EXPEDITED REVIEW OF THE PRE-ADMISSION
 CERTIFICATION COMMITTEE. FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  ANY
 REFERRAL  BY  A  PHYSICIAN  FOR  MENTAL HEALTH SERVICES SHALL BE DONE IN
 CONSULTATION WITH THE FACILITY BEING CONSIDERED FOR SUCH REFERRAL.   THE
 COMMISSIONER, IN CARRYING OUT THE PROVISIONS OF THIS SUBDIVISION, SHALL:
   (1)  DEVELOP,  ESTABLISH,  AND  PROMULGATE PROCEDURES TO IMPLEMENT THE
 PROVISIONS OF THIS SUBDIVISION. SUCH PROCEDURES SHALL BE BASED UPON  THE
 SPECIFIC  NEEDS  OF  THE  INDIVIDUAL  AND  AUTHORIZED IN THE ENVIRONMENT
 NECESSARY TO ACHIEVE THE PURPOSES OF TREATMENT PRESCRIBED BY THE  REFER-
 RING  PHYSICIAN UNTIL SUCH INDIVIDUALS ARE APPROVED BY THE PRE-ADMISSION
 CERTIFICATION COMMITTEE OR DETERMINED NOT TO BE ELIGIBLE FOR SUCH PLACE-
 MENT; AND
   (2) NOTIFY, COOPERATE, GUIDE, AND ASSIST LOCAL AGENCIES, LOCAL GOVERN-
 MENT UNITS, COMMUNITY SERVICE BOARDS, AND/OR PROVIDERS OF SERVICE.
   (I) THE COMMISSIONER SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04610-02-7
              

 A. 3751--A                          2
 
   (1) COLLECT INFORMATION, INCLUDING THE CHARACTERISTICS AND  NUMBER  OF
 CHILDREN  REQUIRING  SUCH THIRTY-DAY PLACEMENTS AND EXPEDITED REVIEWS BY
 THE PRE-ADMISSION CERTIFICATION;
   (2)  ASSESS  THE  NUMBER OF CHILDREN ADMITTED TO RESIDENTIAL TREATMENT
 FACILITIES THROUGH SUCH MEANS AND RECOMMEND A PLAN TO  MEET  THE  FUTURE
 NEEDS OF SUCH CHILDREN, INCLUDING BUT NOT LIMITED TO WHETHER SUCH REFER-
 RAL METHOD SHOULD BE CONTINUED, WHETHER THERE IS A NEED TO DEVELOP A NEW
 REFERRAL  METHODOLOGY  AND  WHETHER  THERE  IS  A  NEED TO DEVELOP A NEW
 PROGRAM THAT IS A LEVEL OF CARE OTHER THAN RESIDENTIAL TREATMENT FACILI-
 TIES; AND
   (3) MAKE AN ASSESSMENT OF THE SUCCESS OF THE SERVICES SO PROVIDED.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.