Bill Text: NY A07177 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes a 9-8-8 suicide prevention and mental health crisis hotline system; provides crisis intervention services and crisis care coordination to individuals accessing the 9-8-8 suicide prevention and mental health crisis hotline.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2021-06-10 - substituted by s6194b [A07177 Detail]

Download: New_York-2021-A07177-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7177--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 26, 2021
                                       ___________

        Introduced by M. of A. GUNTHER, FRONTUS -- 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  county  law,  in  relation  to  a  9-8-8  suicide
          prevention and mental health crisis hotline system

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

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "9-8-8 Suicide Prevention and Mental Health Crisis Act".
     3    §  2. The county law is amended by adding a new article 6-B to read as
     4  follows:
     5                                 ARTICLE 6-B
     6            9-8-8 SUICIDE PREVENTION AND MENTAL HEALTH CRISIS ACT
     7  Section 340. Definitions.
     8          341. 9-8-8 suicide prevention and mental health  crisis  hotline
     9                 system.
    10          342. Establishment of fees for system costs.
    11          343. Application; limitations; exemptions.
    12    §  340.  Definitions.  As  used  in  this  article, unless the context
    13  requires otherwise:
    14    1. "9-8-8" shall mean the three digit phone number designated  by  the
    15  federal communications commission for the purpose of connecting individ-
    16  uals  experiencing  a  mental  health crisis with suicide prevention and
    17  mental health crisis counselors, mobile crisis teams, and crisis receiv-
    18  ing and stabilization services and other mental health  crises  services
    19  through the national suicide prevention lifeline.
    20    2.  "9-8-8  crisis  hotline  center" shall mean a state-identified and
    21  funded center participating in the National Suicide Prevention  Lifeline
    22  Network to respond to statewide or regional 9-8-8 calls.
    23    3. "Crisis receiving and stabilization services" shall mean facilities
    24  providing short-term observation and crisis stabilization services under

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10757-05-1
        A. 7177--A                          2

     1  article  thirty-six  of the mental hygiene law, or other crisis services
     2  approved or licensed by the office of mental health.
     3    4.  "Mental  health professional" shall mean any of the following, but
     4  shall not be limited to:
     5    (a) a licensed clinical social  worker,  licensed  under  article  one
     6  hundred fifty-four of the education law;
     7    (b)  a  licensed  psychologist,  licensed  under  article  one hundred
     8  fifty-three of the education law;
     9    (c) a  registered  professional  nurse,  licensed  under  article  one
    10  hundred thirty-nine of the education law;
    11    (d)  a  licensed  master  social  worker,  licensed  under article one
    12  hundred fifty-four of the education law,  under  the  supervision  of  a
    13  physician, psychologist or licensed clinical social worker; and
    14    (e)  a  licensed  mental  health counselor, licensed under article one
    15  hundred sixty-three of the education law.
    16    5. "Mobile crisis teams" shall mean a team including, but not  limited
    17  to,  mental  health  professionals,  certified  alcoholism and substance
    18  abuse counselors, and peers, to provide  onsite  community-based  inter-
    19  vention  for individuals who are experiencing a mental health crisis, or
    20  an "approved mobile crisis outreach team"  under  article  nine  of  the
    21  mental hygiene law.
    22    6.  "National  suicide  prevention  lifeline" or "NSPL" shall mean the
    23  national network of local crisis centers that provide free and confiden-
    24  tial emotional  support  to  people  in  suicidal  crisis  or  emotional
    25  distress  twenty-four  hours  a  day,  seven days a week via a toll-free
    26  hotline number, which receives calls made through the 9-8-8 system.  The
    27  toll-free  number  is  maintained  by the Assistant Secretary for Mental
    28  Health and Substance Use under the United  States  Substance  Abuse  and
    29  Mental Health Services Administration.
    30    7.  "Peer" shall mean an individual who is a current or former recipi-
    31  ent of mental health or substance use services who provides support  for
    32  other  services users through a model of shared personal experience, and
    33  who meet the certification requirements set forth by the New York  state
    34  peer specialist certification board.
    35    8. "Veterans crisis line" or "VCL" shall mean the veterans crisis line
    36  maintained  by  the  secretary  of veterans affairs of the United States
    37  Department of Veterans Affairs.
    38    9. "Substance Abuse and Mental Health Services Administration" ("SAMH-
    39  SA") shall mean the agency within the United States Department of Health
    40  and Human Services.
    41    § 341. 9-8-8 suicide  prevention  and  mental  health  crisis  hotline
    42  system.  1.  The  department of public service, in consultation with the
    43  commissioners of the office of mental health and the office of addiction
    44  services and supports shall, on or before July sixteenth,  two  thousand
    45  twenty-two,  designate  a  9-8-8  crisis  hotline center or centers that
    46  shall provide suicide prevention and  crisis  intervention  services  to
    47  individuals  accessing  the  9-8-8  suicide prevention and mental health
    48  crisis hotline from anywhere within the state twenty-four hours  a  day,
    49  seven  days  a week. A designated 9-8-8 crisis hotline center shall meet
    50  the following requirements:
    51    (a) Have an active agreement with the administrator  of  the  National
    52  Suicide Prevention Lifeline for participation within the network.
    53    (b)  Adhere  to  NSPL policies, requirements and best practices guide-
    54  lines for operation and clinical assessment standards.
    55    (c) Utilize technology including chat and text that  is  interoperable
    56  between  and  across  crisis  and  emergency systems used throughout the
        A. 7177--A                          3

     1  state, including but not limited to, 911,  emergency  medical  services,
     2  and other nonbehavioral health crisis services, and with the administra-
     3  tor of the National Suicide Prevention Lifeline.
     4    (d) Coordinate with 9-8-8 crisis hotline centers and 911 operators for
     5  the  appropriate  deployment of a mobile crisis team and/or law enforce-
     6  ment, and when appropriate emergency medical services or fire services.
     7    (e)(i) The department  of  public  service  in  conjunction  with  the
     8  commissioners of the office of mental health and the office of addiction
     9  services  and  supports shall have joint oversight of suicide prevention
    10  and crisis service activities and essential coordination with  a  desig-
    11  nated  9-8-8 hotline center, and shall work in concert with NSPL and VCL
    12  networks for the purposes of ensuring consistency  of  public  messaging
    13  about 9-8-8 services.
    14    (ii)  The  office of mental health shall establish training guidelines
    15  for 9-8-8 crisis hotline center staff, 911 operators, and first  respon-
    16  ders, to assess callers for suicidal risk, provide crisis counseling and
    17  crisis  intervention,  offer referrals to mental health and/or substance
    18  use services, and on providing linguistically and  culturally  competent
    19  care.
    20    (f)  Meet the requirements set forth by the NSPL for serving high risk
    21  and specialized populations including but not limited to: Black, Hispan-
    22  ic, Latino, Asian, Pacific Islander, Native  American,  Alaskan  Native;
    23  lesbian,  gay,  bisexual, transgender, nonbinary, queer, and questioning
    24  individuals; individuals with intellectual  or  developmental  disabili-
    25  ties;  individuals  experiencing  homelessness  or  housing instability;
    26  rural individuals;  veterans;  immigrants  and  refugees;  children  and
    27  youth;  older  adults;  and  religious  communities as identified by the
    28  federal Substance  Abuse  and  Mental  Health  Services  Administration,
    29  including training requirements and policies for transferring such call-
    30  ers  to appropriate specialized centers or subnetworks within or outside
    31  the NSPL network and for providing linguistically and culturally  compe-
    32  tent care.
    33    (g)  May provide follow-up services as needed to individuals accessing
    34  the 9-8-8 suicide prevention and mental health crisis hotline consistent
    35  with guidance and policies established by the NSPL.
    36    2.  The commissioner of the office of mental health  and  the  commis-
    37  sioner  of the office of addiction services and supports shall establish
    38  a comprehensive list of reporting metrics to be included  in  an  annual
    39  report  under  this  article  on the 9-8-8 suicide prevention and mental
    40  health crisis hotline's usage, services and impact which shall  include,
    41  at a minimum:
    42    (a)  The  volume  of  requests  for  assistance that the 9-8-8 suicide
    43  prevention and mental health crisis hotline received;
    44    (b) The average length of time taken to respond to  each  request  for
    45  assistance, and the aggregate rates of call abandonment;
    46    (c)  The  types  of  requests  for  assistance  that the 9-8-8 suicide
    47  prevention and mental health crisis hotline received;
    48    (d) The number of mobile crisis teams dispatched;
    49    (e) The number of individuals contacted by mobile crisis teams;
    50    (f) The number of individuals transported by mobile crisis teams to  a
    51  crisis receiving and stabilization service center or other mental health
    52  crisis service;
    53    (g)  The  number of such individuals transferred by mobile crisis team
    54  responders to the custody of law enforcement or transported to an  emer-
    55  gency room or inpatient mental health services;
        A. 7177--A                          4

     1    (h)  the  number of times a mobile crisis team was the first responder
     2  to a mental health crisis and had to request deployment of law  enforce-
     3  ment,  including  the reason for the request, and the outcome of the law
     4  enforcement response; and
     5    (i)  The  age, gender, race, ethnicity, national origin, and high risk
     6  category or the individual, if reasonably ascertainable, of  individuals
     7  contacted,  transported,  or  transferred by each mental health response
     8  unit.
     9    3.  The commissioners of the office of mental health and the office of
    10  addiction services and supports shall submit an annual report on  or  by
    11  December  thirty-first, two thousand twenty-three and annually thereaft-
    12  er, regarding the comprehensive list of reporting metrics to the  gover-
    13  nor, the temporary president of the senate, the speaker of the assembly,
    14  the  minority leader of the senate and the minority leader of the assem-
    15  bly.
    16    § 342.  Establishment of fees for system costs. 1. The commissioner of
    17  the department of taxation and finance, in consultation with the commis-
    18  sioner of the office of mental health and the commissioner of the office
    19  of addiction services and supports, shall establish and maintain a 9-8-8
    20  trust fund for the purposes of creating and maintaining a 9-8-8  suicide
    21  prevention  and  mental  health  crisis  system pursuant to the National
    22  Suicide Hotline Designation Act of 2020 and the  Federal  Communications
    23  Commission's  rules  adopted  July  sixteenth,  two thousand twenty, and
    24  national guidelines for crisis care.
    25    2. (a) The fund shall consist of:
    26    (i) monies from a 9-8-8 fee assessed  on  users  pursuant  to  section
    27  three hundred forty-three of this article;
    28    (ii) appropriations, if any;
    29    (iii) grants and gifts intended for deposit in the fund;
    30    (iv) interest, premiums, gains, or other earnings on the fund; and
    31    (v) any other monies that are deposited in or transferred to the fund.
    32    (b) Monies in the fund:
    33    (i)  do  not revert at the end of any fiscal year and remain available
    34  for the purposes of the fund in subsequent fiscal years;
    35    (ii) are not subject to transfer to any other  fund  or  to  transfer,
    36  assessment,  or  reassessment  for  any  other use or purpose outside of
    37  those specified in this section; and
    38    (iii) are continuously dedicated for the purposes of the fund.
    39    3. The commissioner of the  department  of  taxation  and  finance  in
    40  conjunction with the commissioner of the office of mental health and the
    41  commissioner  of  the  office  of  addiction services and supports shall
    42  submit an annual report of fund deposits and expenditures into the 9-8-8
    43  trust fund, to the governor, the temporary president of the senate,  the
    44  speaker of the assembly, the minority leader of the senate, the minority
    45  leader  of  the  assembly,  and  the chair of the federal communications
    46  commission.
    47    § 343. Application; limitations; exemptions. 1.  The  commissioner  of
    48  public service, consistent with the National Suicide Hotline Designation
    49  Act  of  2020, shall establish a monthly 9-8-8 fee on each resident that
    50  is a subscriber of wireless communication service or voice over internet
    51  protocol service, as defined by section three hundred one of this  chap-
    52  ter at a fixed rate that provides for the creation, operation, and main-
    53  tenance  of  a  9-8-8 suicide prevention and mental health crisis system
    54  and the continuum of services provided pursuant  to  federal  guidelines
    55  for crisis services.
        A. 7177--A                          5

     1    2.  The  9-8-8  fee  shall  not be applied to mobile service users who
     2  receive benefits under the federal Lifeline program as defined in 47 CFR
     3  54.401.
     4    § 3. This act shall take effect immediately.