NY State Senate Bill 2017-S1912

Senate Bill S1912

2017-2018 Legislative Session

Relates to fees for services rendered to patients in state inpatient facilities pursuant to court orders

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 18, 2018	reported and committed to finance
Jan 03, 2018	referred to mental health and developmental disabilities
Mar 08, 2017	reported and committed to finance
Jan 11, 2017	referred to mental health and developmental disabilities

Votes

- Apr 18, 2018 - Committee Vote
  S1912
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Apr 18, 2018
      
      aye (9)
      
      Bailey
      
      Brooks
      
      Felder
      
      Hamilton
      
      Hannon
      
      Jacobs
      
      Murphy
      
      Ortt
      
      Serino
      
      aye wr (2)
      
      Krueger
      
      Rivera
  Mar 8, 2017 - Committee Vote
  S1912
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Mar 8, 2017
      
      aye (10)
      
      Bailey
      
      Brooks
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Hannon
      
      Krueger
      
      Murphy
      
      Ortt
      
      Serino
      
      aye wr (1)
      
      Rivera

co-Sponsors

2017-S1912 (ACTIVE) - Details

See Assembly Version of this Bill:: A3254
Current Committee:: Senate Finance
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §43.03, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3883, A6147
2013-2014: S6226, A6512
2015-2016: S2465, A5846
2019-2020: S1218, A3116
2021-2022: S1159

2017-S1912 (ACTIVE) - Summary

Provides for fees for services rendered patients in state inpatient facilities pursuant to court orders to be paid by the county in which the court is located for the first thirty days.

2017-S1912 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1912

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to fees for services rendered to patients held in state inpatient
facilities pursuant to court orders

 PURPOSE OR GENERAL IDEA OF BILL :

To relieve counties of fiscal responsibility for services rendered to
patients held in state inpatient facilities pursuant to court order in
excess of thirty days.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 amends subdivision (c) of section 43.03 of the mental
hygiene law by placing a 30 day limit on the fiscal responsibility of
county governments for Department of Mental Health (DMH) services to
certain persons being held pursuant to the order of a criminal court.

Section 2 is the effective date.

 EXISTING LAW :

Currently, Section 43.03 (c) of the Mental Hygiene Law provides that
persons receiving mental hygiene services while being held pursuant to
the order of a criminal court shall not be liable to DMH for such

services. Fees due to DMH for such services shall be paid by the
county in which the court is located. Counties are not responsible,
however, for services to persons committed to DMH pursuant to Section
330.20 of the Criminal Procedure Law or for examination pursuant to an
order of the Family Court.

 JUSTIFICATION :

Court ordered confinement for a mental health examination does not
exceed 30 days except upon application of the Commissioner of Mental
Health. When this occurs the court may authorize confinement for an
additional period, not exceeding 30 days, if it is satisfied that a
longer period is necessary to complete the examination. Except in
certain rare cases, the majority of court ordered confinements for
examination are, in fact, completed within 33 days. Those exceptions
usually result in a determination that the individual being examined
is unfit to proceed to trial and may as in the case of a murder charge
spend the rest of his or her life in a DMH facility at local
government expense.

At a time when local governments are already overburdened by State
mandates it is clearly inappropriate to charge them for services in
excess of 30 days over which they have no control. This is especially
true in cases where the individual being examined would, under other
ordinary circumstances, be committed to a DMH facility on an
involuntary basis as harmful to self or others at no cost to the local
government. For these reasons this bill must be enacted into law.

 PRIOR LEGISLATIVE HISTORY :

2011-2012: S.3883/A.6147
2013-2014: S.6226/A.3883
2015-2016: S.2465/A.5846

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Estimated $11 million to $12 million cost to the state annually.

 EFFECTIVE DATE :
This act would take effect on the first of January after it has become
a law.

2017-S1912 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1912
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sens.  RITCHIE,  BONACIC,  MARCHIONE  --  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 fees for services
   rendered  to  patients  held in state inpatient facilities pursuant to
   court orders

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (c) of section 43.03 of the mental hygiene law,
 as  amended  by  chapter  7  of  the laws of 2007, is amended to read as
 follows:
   (c) Patients receiving services while being held pursuant to order  of
 a criminal court, other than patients committed to the department pursu-
 ant  to section 330.20 of the criminal procedure law, or for examination
 pursuant to an order of the family court shall  not  be  liable  to  the
 department  for such services. Fees due the department for such services
 shall be paid by the county in which such court is located [except  that
 counties]  FOR  UP  TO  AND  INCLUDING  ONLY  THE  FIRST  THIRTY DAYS OF
 SERVICES. COUNTIES shall not be responsible for  the  cost  of  services
 rendered patients committed to the department pursuant to section 330.20
 of  the  criminal  procedure law or patients committed to the department
 pursuant to article ten of this chapter.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07438-01-7

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Senate Bill S1912

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Sponsored By

Patty Ritchie