NYS Conference of Local Mental Hygiene Directors, Inc. Spring Full Membership Meeting April 28, 2014 Legislative Report Prepared by Debbie Holland, Director of Governmental Relations New Laws Chapter 14 of the Laws of 2014 [A.8504 (Cymbrowitz)/S.6288 (Boyle)] Posting of Compulsive Gambling Assistance Signs This law makes technical amendments to Chapter 507 of the Laws of 2013 which authorizes the Commissioner of OASAS to promulgate rules and regulations requiring gambling facilities to post signs on compulsive gambling assistance in a prominent manner and within reasonable proximity to every entrance and exit of a gaming facility. The new law now refers to the Division of Lottery as the Division of Gaming and requires the Division of Gaming to distribute the signs to be posted in every gaming facility on compulsive gambling assistance. The law became effective on March 13, 2014. Other Legislation of Interest A.1272 (Gunther)/S.481 Kennedy Bill of Rights for Persons with Autism This bill would establish a bill of rights for persons with autism or autism spectrum disorders. These rights would include: increased funding for autism research; access to a comprehensive continuum of care; access to treatment within a coordinated system of care; access to in-home care, as well as treatment in community-based settings as close to a patient s home as possible; access to family-driven and patientfocused treatment by well qualified professionals; access to all the information necessary regarding treatment options to facilitate educated decisions and informed consent; and access to appropriate monitoring of drug treatment for mental disorders. The bill would also require equitable insurance coverage for persons diagnosed with autism or autism spectrum disorders. Status: A. 1272 was reported to the Assembly Codes Committee and S.481 is in the Senate Mental Health A.1481 (Cymbrowitz)/ S.6692 (Boyle) Prescription Drug Abuse Awareness Campaign This bill would require OASAS in consultation with DOH, to develop a prescription drug abuse awareness campaign by any means deemed appropriate by the Department.
Status: A.1481 is in the Assembly Mental Health Committee and S.6692 is in the Senate Mental Health A.1662-A (Abinanti)/ S.3107-A (Carlucci) Skills for Direct Support Professional Jobs for the Developmentally Disabled Act This bill would require OPWDD, in consultation with the Department of Labor, the Department of Education and any other office deemed appropriate, to prepare a report regarding state workforce need projections and credential production. Last year, the Governor vetoed A.7313-A (Abinanti)/S.5102-A (Carlucci) which would have required OPWDD to establish and administer the direct support professional credential pilot program for three years. Status: A.1662-A was reported to the Assembly Ways and Means Committee and S.3107-A is in the Senate Mental Health Since the 2014-15 Enacted Budget requires OPWDD to conduct a study and issue a report to the Governor and the Legislature setting forth recommendations for the establishment of a direct support professional credentialing pilot program by January 1, 2016, it is unlikely that there will be any action on this bill. The study required by the budget bill will look at: national and international models of direct support professional credentialing; career ladders; current direct support professional salaries and training requirements; current classroom and on the job training requirements for existing direct support professional credentialing programs and the impact on provider operations; ongoing and continuing professional education requirements for a credentialing program; the costs associated with a credentialing pilot program; and financial incentives for participants who successfully complete the credentialing program. The final budget includes $500,000 to fund the study. A.1663-A (Abinanti)/S.3044-A (Carlucci) Definition of Autism This bill would amend the Mental Hygiene Law to include the definition of autism. Currently, autism is not defined in New York State Law. Under the bill, autism would be defined to include the following disorders: autistic disorder; Asperger s disorder; pervasive developmental disorder not otherwise specified (PDD-NOS); Rett s disorder; and childhood disintegrative disorder. In contrast, the May 2013 publication of the DSM-5 Diagnostic Manual now merges all autism disorders under one umbrella diagnosis of autism spectrum disorder (ASD) and no longer recognizes autism as distinct subtypes, including autistic disorder, childhood disintegrative disorder, PDD-NOS and Asperger syndrome. Status: A.1663-A is on third reading on the Assembly Calendar and S.3044-A is in the Senate Mental Health A.3575 (Barrett)/S.3013 (Valesky) Local Directors of Aging and Community Services Boards This bill would require each local director of aging to be a member of the local community services board. Last year, the Conference issued a formal memo in opposition on this bill and was instrumental in helping to prevent it from appearing on a Senate Mental Health Committee agenda. This year, the Conference was successful in pulling the bill off of an Assembly Mental Health Committee agenda in March. Both the Assembly and Senate sponsors of the bill have agreed not to move the bill this session. Legislative Report Spring 2014 Page 2
A.6510 (Ortiz) Single Point of Access system This bill, which was introduced at the request of the Conference, would require the single point of access (SPOA) system to exist statutorily and ensure its role in the overall service delivery system. SPOA was an OMH initiative from 2000-01 designed to improve the existing community-based mental hygiene system by enabling people with the most serious service needs to access housing and care management on a priority basis. However, SPOA has never been enacted into law, and the creation of health homes for individuals receiving Medicaid has caused confusion around the role of SPOA. This bill would amend the Mental Hygiene Law to direct LGUs to create a SPOA system to provide services for high need adults and children with mental illness, substance use disorders and developmental disabilities. Status: A.6510 is in the Assembly Mental Health Committee and there is no Senate companion bill. A.6512 (Ortiz)/S.6226 (Ritchie) Chargeback Bill This bill, which was introduced several years ago at the request of the Conference, would place a 30 day limit on the fiscal responsibility of counties to pay for services provided by state-operated mental hygiene facilities for an individual held pursuant to a court order. This bill is known as the chargeback bill. Once again, the bill has both an Assembly and Senate sponsor. Status: A.6512 is in the Assembly Mental Health Committee and S.6226 is in the Senate Mental Health A.6962-A (Gunther)/S.4885-A (Carlucci) Managed Care for Persons with Developmental Disabilities Advocacy Program This bill would create the Managed Care for Persons with Developmental Disabilities Advocacy Program and the proposal was included in the final budget. The 2014-15 Enacted Budget authorizes the Commissioner of OPWDD to establish the advocacy program to assist people with developmental disabilities to navigate the Medicaid managed care system. The program must be consistent with and subject to the terms of federal approval and coordinated with the independent Medicaid managed care ombuds services provided to person with disabilities enrolling in Medicaid managed care. An independent agency selected by the Commissioner will administer the advocacy program. A7721-A (Gunther)/S.5228-A (Carlucci) OMH Community Housing Waiting List This bill would establish a community housing waiting list for individuals seeking housing and related services within OMH. Every 60 days, housing providers, agencies making referrals for housing services and each county s community-based agency performing assessments of people with disabilities must report to OMH the name of each person who has been referred to, applied for, been denied or meets the criteria for housing services operated, licensed or funded by OMH. The bill also requires the Commissioner of OMH to submit a report on the community housing waiting list to the Governor and the chairs of the Assembly and Senate Mental Health Committees by January 1, 2016, and quarterly thereafter. Legislative Report Spring 2014 Page 3
Changes were made to the bill to address concerns raised in previous veto messages of similar legislation, including clarifying that individuals have a documented mental illness and meet eligibility criteria for OMH funded housing before being included on a waiting list. Status: A.7721-A has passed the Assembly and S.5228-A was reported to Senate Finance. A.8237 (Cymbrowitz) OASAS Siting Bill This bill would require the LGU to solicit and include in its recommendations input from the local community regarding the establishment of an OASAS addiction treatment facility in their area. In New York City, the input would be provided by the local community board. Assemblyman Cymbrowitz introduced this legislation in November 2013, in reaction to the controversial approval of the relocation of an outpatient drug treatment facility in his district in Brooklyn that was later rescinded due to public outcry from the local community. Status: A.8237 is in the Assembly Alcohol and Drug Abuse Senator Savino had introduced the companion bill (S.6139) in the Senate but the enacting clause has now been stricken meaning the bill is no longer active. OASAS has also proposed changes to the LGU review form related to the certification of OASAS addiction treatment services. The Conference is working with OASAS to address members concerns with the proposed changes. A.8294-B (Lupardo)/S.5986-B (Libous) Freeze Unsafe Closures Now Act This bill would enact the Freeze Unsafe Closures Now Act to delay the closure and consolidation of state facilities operated by OMH and OPWDD until April 1, 2017. This bill also requires the Commissioner of OPWDD to notify the Assembly and Senate 60 days prior to an anticipated reduction in the capacity of 20 persons or more or the closure of a developmental center. In addition, the bill requires the Commissioner of OMH to notify the Assembly, the Senate, and the appropriate county executive at least 75 days prior to the anticipated closure, consolidation or merger of any state psychiatric centers and to post the same notice on its website. Status: A.8294-B is in the Assembly Mental Health Committee and S.5986-B is in the Senate Mental Health During this year s budget negotiations, the Governor agreed to not close or consolidate any state psychiatric centers during SFY 2014-15 and not to close any beds until they are vacant for 90 days. This agreement was stated in a letter that was sent to the Legislature within seven days of the state budget being enacted. A.8452 (Gunther)/S.1109-D (Maziarz) People First Act of 2014 This bill would enact the People First Act of 2014. The bill would require the Commissioner of OPWDD, subject to available appropriations, to conduct a geographical analysis of supports and services in community settings for individuals with developmental disabilities and to identify gaps in services by region of the state. In addition, the Commissioner would be required to develop a web-based data base to help prioritize the urgency of need for supports and services by identifying people in immediate need of services, Legislative Report Spring 2014 Page 4
in need of services within one year, and in need of services within one to five years or where the caregiver is age 60 or older. The Commissioner is also required to prepare a report annually with recommendations for the delivery of services for people with developmental disabilities. Status: A.8452 was reported to the Assembly Ways and Means Committee and A.1109-D was reported to the Senate Finance A.8517 (Gunther)/S.6363 (Carlucci) Community Mental Health Reinvestment Act This bill would define community mental health reinvestment services under Section 1.03 and amend Section 41.55 of the MHL. The bill would change the name of Section 41.55 of the MHL from the Community Mental Health Support and Workforce Reinvestment Program to the Community Mental Health Reinvestment Program. The bill would increase the savings to be reinvested per state psychiatric bed closure to equal 100 percent and be no less than $110,000 per bed closure. The bill would also make the program permanent. Status: A.8517 is the Assembly Mental Health Committee and S.6363 is in the Senate Mental Health The 2014-15 Enacted Budget extends the Community Mental Health Reinvestment Act for three years until March 31, 2018, and increases the amount of savings to be reinvested from the closure of a state psychiatric bed from $70,000 to $110,000. It is therefore unlikely that this bill will move in either house. A.8637-B (Dinowitz)/S.6477-B (Hannon) Expanded Access to Naloxone This bill would expand access to Naloxone or Narcan, an opioid antagonist, by allowing for the prescribing, dispensing and distribution of Naloxone by using non-patient specific orders. The bill would make Naloxone more readily available to opiate addicts, their families and other people who are in a position to assist a person experiencing or at risk of experiencing an opioid-related overdose. Status: A.8637-B was reported to the Assembly Codes Committee and S.6477-B has passed the Senate. A.8835-A (Gunther)/S.6659-A(Carlucci) Task Force on Adults with Developmental Disabilities This bill would establish the task force on adults with developmental disabilities. The purpose of the task force would be to develop recommendations to support and meet the needs of adults with developmental disabilities, including their vocational, residential and social needs. The task force would also study the long term needs of adults with developmental disabilities who reside with caregivers. The task force would report its findings and recommendations to the Governor and the Legislature by January 1, 2016, and the task force would end after two years. Status: A.8835-A was reported to the Assembly Ways and Means Committee and S.6659-A is in the Senate Mental health This bill is very similar to A.1713 (Gunther)/S.882 (Bonacic) which would have created the task force on adults with autism. Last year, this bill was vetoed by the Governor because it would have required a report Legislative Report Spring 2014 Page 5
to be submitted by April, 1 2014, and the Governor considered that not enough time for the task force to finish its work. A.8837 (Aubry) Crisis Intervention Teams This bill would authorize the Commissioner of Mental Health to establish a crisis intervention demonstration program in New York City to assist law enforcement officers in responding to crisis situations involving persons with mental illness and/or substance abuse. The bill would also establish in OMH the position of crisis intervention team training coordinator to work with the NYPD or any other law enforcement agency in the state to provide crisis intervention team training. Status: A.8837 was reported to the Assembly Ways and Means There is no Senate Companion bill. The 2014-15 Enacted Budget includes $400,000 for crisis intervention teams. It hasn t been determined yet how this money will be spent. S.7014 (Boyle) OASAS Departmental Bill This bill, which was drafted and submitted by OASAS as a departmental bill, would create a modified AOT process for people to obtain emergency services for persons who are intoxicated, impaired or incapacitated by alcohol or substances. It amends Section 22.09 of the Mental Hygiene Law which currently permits law enforcement, peace officers or DCSs to transport a person who appears to be incapacitated by alcohol or substances and is likely to be a danger to himself or herself or others to a hospital for immediate observation and treatment. That person cannot be retained for more than 48 hours. This bill would also allow transport to emergency services to be sought for an adult or a minor based on an application to a DCS made by a physician, a person s spouse or guardian, or any other adult who has personal knowledge of the person s substance abuse, or in the case of a minor, by the minor s parent or legal guardian. The application would have to contain the reason the applicant believes that the person has inflicted or is likely to inflict physical harm on himself or herself or others unless admitted. The person would be transported to a treatment facility and could be retained for up to 72 hours for assessment and stabilization. The application for emergency services would have to establish the need for immediate services and contain the name of the person to be admitted, the name and signature of the applicant, and the relationship between the person to be admitted and the applicant. According to the bill sponsor memo, The DCS would be required to review and approve an application based on specified criteria before directing transport of the named person to a facility. Status: S.7014 is in the Senate Alcoholism and Drug Abuse The bill has not been introduced yet in the Assembly, but it is customary for the Legislature to introduce agency departmental bills as a courtesy whether or not they intend to move the bill. Legislative Report Spring 2014 Page 6