S T A T E O F N E W Y O R K ________________________________________________________________________ 7840 2015-2016 Regular Sessions I N A S S E M B L Y May 28, 2015 ___________ Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on Mental Health AN ACT to amend chapter 408 of the laws of 1999 amending the mental hygiene law and other laws relating to enacting Kendra's Law, in relation to grants for mental illness and chemical dependence treat- ment services during the pendency of a medical assistance eligibility determination THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 15 of chapter 408 of the laws of 1999 amending the 2 mental hygiene law and other laws relating to enacting Kendra's Law, is 3 amended to read as follows: 4 S 15. (a) Within amounts appropriated therefor, the commissioner of 5 mental health shall provide grants to each county and the city of New 6 York, which shall be used by each such county or city, to provide medi- 7 cation, and other services necessary to prescribe and administer medica- 8 tion to treat mental illness during the pendency of a medical assistance 9 eligibility determination. Such eligibility determination shall be 10 completed in a timely and expeditious manner as required by applicable 11 regulations of the commissioner of health. Counties or the city shall 12 use such grants to provide medications prescribed to treat mental 13 illness for individuals for whom the process of applying for medical 14 assistance benefits has been commenced prior to or within one week of 15 discharge or release and who[: (1)] are discharged from a hospital, as 16 defined in section 1.03 of the mental hygiene law[, or (2) have received 17 services in or from a forensic or similar mental health unit of a 18 correctional facility or local correctional facility as defined in 19 section two of the correction law]. 20 (b) Such grants to provide medications shall be subject to the commis- 21 sioner's approval and supervision of an efficient and effective plan 22 submitted by a county or the city of New York. Such plans shall include, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10915-01-5 A. 7840 2 1 but not be limited to, the following: (i) the process by which the coun- 2 ty or the city of New York will improve the timely and expeditious 3 filing of medical assistance applications and coordinate the filing of 4 applications for other public benefits for which the population 5 described in subdivision (a) of this section may be eligible; (ii) the 6 process by which medications prescribed to treat mental illness for such 7 individuals will be available at or near the time of release or 8 discharge; (iii) a specific description of the process by which such 9 individuals will be referred to a county or city provider, or a provider 10 which contracts with the county or city, to provide medication at or 11 near the time of release or discharge; and (iv) the process to provide 12 information necessary for the New York state office of mental health to 13 file appropriate medical assistance claims. 14 (c) WITHIN AMOUNTS APPROPRIATED THEREFOR, THE COMMISSIONER OF MENTAL 15 HEALTH SHALL PROVIDE GRANTS TO EACH COUNTY AND THE CITY OF NEW YORK, 16 WHICH SHALL BE USED BY EACH SUCH COUNTY OR CITY, TO PROVIDE MENTAL 17 ILLNESS AND CHEMICAL ABUSE SERVICES NECESSARY TO TREAT MENTAL ILLNESS 18 AND CHEMICAL DEPENDENCE DURING THE PENDENCY OF A MEDICAL ASSISTANCE 19 ELIGIBILITY DETERMINATION. SUCH ELIGIBILITY DETERMINATION SHALL BE 20 COMPLETED IN A TIMELY AND EXPEDITIOUS MANNER AS REQUIRED BY APPLICABLE 21 REGULATIONS OF THE COMMISSIONER OF HEALTH. SUCH COUNTIES OR CITY SHALL 22 USE SUCH GRANTS TO PROVIDE SUCH SERVICES FOR INDIVIDUALS FOR WHOM THE 23 PROCESS OF APPLYING FOR MEDICAL ASSISTANCE BENEFITS HAS BEEN COMMENCED 24 PRIOR TO OR WITHIN ONE WEEK OF DISCHARGE OR RELEASE AND WHO HAVE 25 RECEIVED SIMILAR SERVICES TO TREAT MENTAL ILLNESS AND CHEMICAL DEPEND- 26 ENCE IN A CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY AS 27 DEFINED IN SECTION 2 OF THE CORRECTION LAW. ELIGIBILITY FOR THE GRANTS 28 PROGRAM WILL BE FOR 60 DAYS AFTER RELEASE, OR FINAL MEDICAL ASSISTANCE 29 ELIGIBILITY DETERMINATION, WHICHEVER IS SOONER. 30 (D) SUCH GRANTS SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL AND 31 SUPERVISION OF AN EFFICIENT AND EFFECTIVE PLAN SUBMITTED BY A COUNTY OR 32 THE CITY OF NEW YORK. SUCH PLANS SHALL INCLUDE, BUT NOT BE LIMITED TO, 33 THE FOLLOWING: (I) THE PROCESS BY WHICH THE COUNTY OR THE CITY OF NEW 34 YORK WILL IMPROVE THE TIMELY AND EXPEDITIOUS FILING OF MEDICAL ASSIST- 35 ANCE APPLICATIONS AND COORDINATE THE FILING OF APPLICATIONS FOR OTHER 36 PUBLIC BENEFITS FOR WHICH THE POPULATION DESCRIBED IN SUBDIVISION (A) OF 37 THIS SECTION MAY BE ELIGIBLE; (II) A SPECIFIC DESCRIPTION OF THE PROCESS 38 BY WHICH SUCH INDIVIDUALS WILL BE REFERRED TO A COUNTY OR CITY PROVIDER, 39 OR A PROVIDER WHICH CONTRACTS WITH THE COUNTY OR CITY, TO PROVIDE MENTAL 40 ILLNESS AND CHEMICAL ABUSE SERVICES, INCLUDING HEALTH HOMES AT OR NEAR 41 THE TIME OF RELEASE OR DISCHARGE; AND (III) THE PROCESS TO PROVIDE 42 INFORMATION NECESSARY FOR THE NEW YORK STATE OFFICE OF MENTAL HEALTH TO 43 FILE APPROPRIATE MEDICAL ASSISTANCE CLAIMS. 44 (E) Further, upon application of a county or the city of New York, and 45 within the amounts appropriated therefor, the commissioner of mental 46 health shall be authorized to provide grants to such county or city to 47 be used to assist the local governmental units, as defined in section 48 41.03 of the mental hygiene law, in the development of plans pursuant to 49 [subdivision] SUBDIVISIONS (b) AND (D) of this section, or to be used at 50 local correctional facilities to improve the coordination between the 51 individuals defined in [subdivision] SUBDIVISIONS (a) AND (C) of this 52 section and the appropriate county representative or other [individual] 53 INDIVIDUALS OR PROVIDERS who will provide the [psychiatric medications] 54 MENTAL ILLNESS AND CHEMICAL ABUSE SERVICES available under this program 55 as determined in the plans approved in subdivision [(b)] (D) of this 56 section, and to assist such individuals in applying for medical assist- A. 7840 3 1 ance and other public benefits. The commissioner of mental health is 2 hereby authorized to promulgate and adopt rules and regulations neces- 3 sary to implement this section. 4 S 2. This act shall take effect April 1, 2016; provided, however, that 5 the amendments to section 15 of chapter 408 of the laws of 1999 made by 6 section one of this act shall not affect the repeal of such section and 7 shall be deemed to be repealed therewith.