Bill Text: NY S03434 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the child psychiatry access project; provides that the office of mental hygiene shall establish regional child psychiatry access projects across the state to provide primary care providers with timely access to child psychiatry consultations they treat in order to assist such primary care providers in meeting the mental health needs of the children and adolescents and their families; establishes a gift for the child psychiatry access project on state personal income tax forms, the proceeds from which shall be deposited into a child psychiatry access fund for the funding of such projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S03434 Detail]
Download: New_York-2011-S03434-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3434 2011-2012 Regular Sessions I N S E N A T E February 22, 2011 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to establishing the child psychiatry access project; to amend the tax law, in relation to establishing a gift for the child psychiatry access project; and to amend the state finance law, in relation to establishing the child psychiatry access fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The mental hygiene law is amended by adding a new section 2 7.42 to read as follows: 3 S 7.42 CHILD PSYCHIATRY ACCESS PROJECT. 4 (A) THE OFFICE SHALL, WITHIN AMOUNTS APPROPRIATED THEREFOR, ESTABLISH 5 OR MAY CONTRACT FOR THE ESTABLISHMENT OF REGIONAL CHILD PSYCHIATRY 6 ACCESS PROJECTS ACROSS THE STATE TO PROVIDE PRIMARY CARE PROVIDERS WITH 7 TIMELY ACCESS TO CHILD PSYCHIATRY CONSULTATIONS IN ORDER TO ASSIST SUCH 8 PRIMARY CARE PROVIDERS IN MEETING THE MENTAL HEALTH NEEDS OF THE CHIL- 9 DREN AND ADOLESCENTS AND THEIR FAMILIES. 10 (B) REGIONAL TEAMS SHALL CONSIST OF A CHILD PSYCHIATRIST WITH APPRO- 11 PRIATE SUPPORT STAFF, AND BE ESTABLISHED TO PROVIDE CHILD PSYCHIATRIC 12 TELEPHONE CONSULTATIONS TO PRIMARY CARE PROVIDERS WITHIN THE DESIGNATED 13 REGION RESULTING IN ONE OF THE FOLLOWING, DEPENDING UPON THE NEEDS OF 14 THE CHILD PATIENT AND/OR FAMILY: 15 1. RESPONDING TO THE PRIMARY CARE PHYSICIAN'S PATIENT SPECIFIC QUES- 16 TIONS ABOUT BEHAVIORAL HEALTH; 17 2. ASSISTING THE FAMILY IN ACCESSING ROUTINE, LOCAL BEHAVIORAL HEALTH 18 SERVICES, WITH THE UNDERSTANDING THERE MAY BE A WAITING PERIOD; 19 3. PROVIDING TRANSITIONAL SUPPORT TO THE CHILD PATIENT AND FAMILY 20 UNTIL THE FAMILY CAN ACCESS ROUTINE, LOCAL BEHAVIORAL HEALTH SERVICES; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00133-01-1 S. 3434 2 1 4. MAKING REFERRAL TO A TEAM CHILD PSYCHIATRIST FOR AN ACUTE PSYCHO- 2 PHARMACOLOGIC OR DIAGNOSTIC CONSULTATION. 3 (C) REGIONAL TEAMS MAY ALSO PROVIDE MENTAL HEALTH RESOURCE SERVICES, 4 EDUCATIONAL SERVICES, MENTAL HEALTH ADVOCACY AND OTHER RELATED SERVICES 5 TO THE PROVIDER AND MENTAL HEALTH COMMUNITY. 6 (D) CHILD PSYCHIATRY ACCESS SERVICES PROVIDED UNDER THIS SECTION SHALL 7 NOT DISCRIMINATE AGAINST CHILDREN AND FAMILIES, BASED UPON THEIR INSUR- 8 ANCE STATUS, WHEN SUCH SERVICES ARE ACCESSED THROUGH THEIR PRIMARY CARE 9 PROVIDER PRACTICING IN THE REGION. 10 S 2. The tax law is amended by adding a new section 628-a to read as 11 follows: 12 S 628-A. GIFT FOR THE CHILD PSYCHIATRY ACCESS PROJECT. EFFECTIVE FOR 13 ANY TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, 14 AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE CHILD 15 PSYCHIATRY ACCESS FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR 16 AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDI- 17 VIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX 18 RETURN FORM TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITH- 19 STANDING ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO 20 THIS SECTION SHALL BE PAID TO THE CHILD PSYCHIATRY ACCESS FUND ESTAB- 21 LISHED PURSUANT TO AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN 22 SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW. 23 S 3. The state finance law is amended by adding a new section 89-h to 24 read as follows: 25 S 89-H. CHILD PSYCHIATRY ACCESS FUND. 1. A SPECIAL FUND TO BE KNOWN 26 AS THE "CHILD PSYCHIATRY ACCESS FUND" IS HEREBY ESTABLISHED IN THE JOINT 27 CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND 28 FINANCE. 29 2. THE FUND SHALL CONSIST OF ALL MONEYS TRANSFERRED TO SUCH FUND 30 PURSUANT TO LAW, ALL MONEYS REQUIRED BY ANY PROVISION OF LAW TO BE PAID 31 INTO OR CREDITED TO THE FUND, ALL MONEYS FROM GIFTS PURSUANT TO SECTION 32 SIX HUNDRED TWENTY-EIGHT-A OF THE TAX LAW AND ANY INTEREST EARNINGS 33 WHICH MAY ACCRUE FROM THE INVESTMENT OF MONEYS IN THE FUND. NOTHING 34 CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, 35 GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS 36 SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. 37 3. MONEYS OF THE FUND, WHEN ALLOCATED, SHALL BE MADE AVAILABLE TO THE 38 OFFICE OF MENTAL HEALTH SOLELY FOR THE PURPOSE OF ESTABLISHING CHILD 39 PSYCHIATRY PROJECTS PURSUANT TO SECTION 7.42 OF THE MENTAL HYGIENE LAW. 40 4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF 41 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER 42 OF MENTAL HEALTH. 43 S 4. This act shall take effect on the ninetieth day after it shall 44 have become a law.