Bill Text: NY A04807 | 2025-2026 | General Assembly | Introduced

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Bill Title: Allows for certain rules and regulations to be waived in order to promulgate collaboration between mental health providers to develop programs for the benefit of the mentally ill.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Introduced) 2025-02-06 - referred to mental health [A04807 Detail]

Download: New_York-2025-A04807-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4807

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 6, 2025
                                       ___________

        Introduced  by M. of A. E. BROWN, ZINERMAN, GRAY, LEMONDES, DURSO, McDO-
          NOUGH, TAGUE, MIKULIN, MAHER, ANGELINO, DeSTEFANO,  K. BROWN  --  read
          once and referred to the Committee on Mental Health

        AN ACT to amend the mental hygiene law, in relation to providing waivers
          of certain rules and regulations to promulgate collaboration by mental
          health providers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision (a) of section 7.15 of the mental hygiene  law,
     2  as  amended by section 3 of part I of chapter 58 of the laws of 2005, is
     3  amended to read as follows:
     4    (a) The commissioner shall plan, promote, establish, develop,  coordi-
     5  nate, evaluate, and conduct programs and services of prevention, diagno-
     6  sis,   examination,   care,  treatment,  rehabilitation,  training,  and
     7  research for the benefit  of  the  mentally  ill.  Such  programs  shall
     8  include but not be limited to in-patient, out-patient, partial hospital-
     9  ization,  day  care,  emergency,  rehabilitative,  and other appropriate
    10  treatments and services provided, however,  that  the  commissioner,  in
    11  conjunction with the commissioner of the office for people with develop-
    12  mental  disabilities, shall be authorized to waive rules and regulations
    13  of the office of mental health and of the department of health,  respec-
    14  tively,  to address barriers to collaboration by mental health providers
    15  and providers of home care services under this section, including barri-
    16  ers related to medical  assistance  reimbursement,  service  procedures,
    17  care  coordination  and  direct  care worker training applicable to such
    18  providers, provided further that regulations pertaining to patient safe-
    19  ty may not be waived, nor shall any regulations be waived if such waiver
    20  would risk patient safety. [He or she] The commissioner shall  take  all
    21  actions  that  are  necessary,  desirable,  or  proper  to implement the
    22  purposes of this chapter and to carry out the purposes and objectives of
    23  the department within the amounts made available therefor  by  appropri-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01824-01-5
        A. 4807                             2

     1  ation,  grant,  gift,  devise,  bequest,  or  allocation from the mental
     2  health services fund established under  section  ninety-seven-f  of  the
     3  state finance law.
     4    §  2.  Subdivision  (a) of section 13.15 of the mental hygiene law, as
     5  amended by chapter 37 of the  laws  of  2011,  is  amended  to  read  as
     6  follows:
     7    (a)  The commissioner shall plan, promote, establish, develop, coordi-
     8  nate, evaluate, and conduct programs and services of prevention, diagno-
     9  sis,  examination,  care,  treatment,  rehabilitation,   training,   and
    10  research for the benefit of individuals with developmental disabilities.
    11  Such  programs  shall  include but not be limited to in-patient, out-pa-
    12  tient, partial hospitalization, day care, emergency, rehabilitative, and
    13  other appropriate treatments and services provided,  however,  that  the
    14  commissioner,  in  conjunction  with  the commissioner of the office for
    15  people with developmental disabilities, shall  be  authorized  to  waive
    16  rules  and regulations of the office of mental health and of the depart-
    17  ment of health, respectively, to address barriers  to  collaboration  by
    18  mental  health  providers and providers of home care services under this
    19  section, including barriers related to medical assistance reimbursement,
    20  service procedures, care coordination and direct  care  worker  training
    21  applicable to such providers, provided further that regulations pertain-
    22  ing  to  patient  safety may not be waived, nor shall any regulations be
    23  waived if such waiver would risk patient safety. [He]  The  commissioner
    24  shall  take  all  actions  that  are  necessary, desirable, or proper to
    25  implement the purposes of this chapter and to carry out the purposes and
    26  objectives of the office within the amounts made available  therefor  by
    27  appropriation,  grant,  gift,  devise,  bequest,  or allocation from the
    28  mental health services fund established under section ninety-seven-f  of
    29  the state finance law.
    30    §  3.  Subdivision  (a) of section 19.15 of the mental hygiene law, as
    31  amended by chapter 208 of the laws  of  1996,  is  amended  to  read  as
    32  follows:
    33    (a)  With  the  advice  of  the  advisory  council  on  alcoholism and
    34  substance abuse services, and with the assistance  of  any  interdepart-
    35  mental  council  or  committee  heretofore or hereafter established that
    36  shall be charged with the responsibility for  interdepartmental  cooper-
    37  ation and program development in alcoholism, substance abuse, and chemi-
    38  cal  dependency,  the commissioner shall promote, establish, coordinate,
    39  and conduct programs for prevention,  diagnosis,  treatment,  aftercare,
    40  rehabilitation,  and control in the fields of alcoholism, alcohol abuse,
    41  substance abuse, substance dependence, and chemical dependence in  coop-
    42  eration  with  such other federal, state, local, and private agencies as
    43  are necessary and, within the amount  made  available  by  appropriation
    44  therefor, implement and administer such programs provided, however, that
    45  the commissioner, in conjunction with the commissioner of the office for
    46  people  with  developmental  disabilities,  shall be authorized to waive
    47  rules and regulations of the office of mental health and of the  depart-
    48  ment  of  health,  respectively, to address barriers to collaboration by
    49  mental health providers and providers of home care services  under  this
    50  section, including barriers related to medical assistance reimbursement,
    51  service  procedures,  care  coordination and direct care worker training
    52  applicable to such providers, provided further that regulations pertain-
    53  ing to patient safety may not be waived, nor shall  any  regulations  be
    54  waived if such waiver would risk patient safety.
    55    § 4. This act shall take effect immediately.