Bill Text: NY S06194 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2021-12-22 - APPROVAL MEMO.145 [S06194 Detail]

Download: New_York-2021-S06194-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6194

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 14, 2021
                                       ___________

        Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        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. Mobile crisis teams.
    11          343. Establishment of fees for system costs.
    12          344. Application; limitations; exemptions.
    13    § 340. Definitions. When used in this article, the following words and
    14  phrases  shall  have  the following meanings unless the specific context
    15  clearly indicates otherwise:
    16    1. "9-8-8" means the three digit phone number designated by the feder-
    17  al communications commission for the purpose of  connecting  individuals
    18  experiencing  a  mental health crisis with suicide prevention and mental
    19  health crisis counselors, mobile crisis teams, and crisis receiving  and
    20  stabilization  services  and other mental health crises services through
    21  the national suicide prevention lifeline.
    22    2. "9-8-8 crisis hotline center" means a state-identified  and  funded
    23  center participating in the National Suicide Prevention Lifeline Network
    24  to respond to statewide or regional 9-8-8 calls.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10757-04-1

        S. 6194                             2

     1    3.  "Crisis  receiving  and  stabilization  services" means facilities
     2  providing short-term observation and crisis  stabilization  services  to
     3  all  referrals in a home-like environment for no longer than twenty-four
     4  hours.
     5    4.  "Mental  health  professional" means any of the following, but not
     6  limited to:
     7    (a) a licensed clinical social worker, pursuant to  subdivision  seven
     8  of section nine hundred twenty-three of the public health law;
     9    (b)  a  licensed psychologist, pursuant to section 10.03 of the mental
    10  hygiene law;
    11    (c) a registered professional nurse, pursuant to  subdivision  one  of
    12  section six thousand nine hundred  two of the education law; and
    13    (d)  a licensed marriage and family therapist, pursuant to subdivision
    14  nine of section nine hundred  twenty-three of the public health law.
    15    5. "Mobile crisis teams" means a team including, but not  limited  to,
    16  mental  health professionals, family advocates, and peers, as defined by
    17  section three hundred forty-two  of  this  article,  to  provide  onsite
    18  community-based  intervention  for  individuals  who  are experiencing a
    19  mental health crisis.
    20    6. "National suicide prevention lifeline" or "NSPL" means the national
    21  network of local crisis  centers  that  provide  free  and  confidential
    22  emotional  support  to  people  in suicidal crisis or emotional distress
    23  twenty-four hours a day, seven days  a  week  via  a  toll-free  hotline
    24  number,  which  receives  calls made through the 9-8-8 system. The toll-
    25  free number is maintained by the Assistant Secretary for  Mental  Health
    26  and Substance Use under Section 50-E-3 of the Public Health Service Act,
    27  Section 290bb-36c of Title 42 of the United States Code.
    28    7.  "Peers"  means individuals employed on the basis of their personal
    29  experience of mental illness, addiction, or both,  and  recovery  there-
    30  from,  and  who meet the certification requirements set forth by the New
    31  York state peer specialist certification board.
    32    8. "Family advocates" means individuals  who  support  person-centered
    33  planning,  offer  culturally responsive trauma-informed care and support
    34  families and youth with mental health or co-occurring disorders and have
    35  experience working with multiple agencies and providers, including,  but
    36  not  limited  to, mental health, physical health, substance abuse, juve-
    37  nile justice, developmental disabilities,  and  other  state  and  local
    38  systems of care.
    39    9.  "Veterans  crisis  line"  or  "VCL" means the veterans crisis line
    40  maintained by the secretary of  veterans  affairs  pursuant  to  section
    41  1720F(h) of Title 38 of the United States Code.
    42    10.  "Substance  Abuse  and  Mental  Health  Services  Administration"
    43  ("SAMHSA") means the agency of the United States  Department  of  Health
    44  and Human Services.
    45    §  341.  9-8-8  suicide  prevention  and  mental health crisis hotline
    46  system. 1. The department of public service, in  consultation  with  the
    47  commissioner  of the office of mental health and the commissioner of the
    48  office of addiction services and  supports  shall,  on  or  before  July
    49  sixteenth, two thousand twenty-two, designate a crisis hotline center or
    50  centers  to provide crisis intervention services and crisis care coordi-
    51  nation to individuals accessing the 9-8-8 suicide prevention and  mental
    52  health crisis hotline from anywhere within the state twenty-four hours a
    53  day, seven days a week.
    54    (a)  A  designated  hotline center shall have an active agreement with
    55  the administrator  of  the  National  Suicide  Prevention  Lifeline  for
    56  participation within the network.

        S. 6194                             3

     1    (b)  A designated hotline center shall meet NSPL requirements and best
     2  practices guidelines for operation and clinical standards.
     3    (c)  A  designated  hotline  center shall utilize technology including
     4  chat and text that is interoperable between and across crisis and  emer-
     5  gency  systems  used  throughout the state and with the administrator of
     6  the National Suicide Prevention Lifeline.
     7    (d) A designated hotline center shall transfer any call made to  9-1-1
     8  pertaining  to  a mental health crisis to a 9-8-8 crisis hotline center.
     9  If a law enforcement, medical or fire response is also needed, 9-8-8 and
    10  9-1-1 operators shall coordinate the simultaneous deployment of services
    11  with mobile crisis teams.
    12    (e) A designated hotline center shall have  the  authority  to  deploy
    13  crisis and outgoing services, including mobile crisis teams, and coordi-
    14  nate access to crisis receiving and stabilization services, as appropri-
    15  ate,  and  according to guidelines and best practices established by the
    16  NSPL.
    17    (f) The department of public service in conjunction with  the  commis-
    18  sioner of the office of mental health and the commissioner of the office
    19  of addiction services and supports shall have joint oversight of suicide
    20  prevention and crisis service activities and essential coordination with
    21  a  designated  9-8-8 hotline center, and shall work in concert with NSPL
    22  and VCL networks for the purposes  of  ensuring  consistency  of  public
    23  messaging about 9-8-8 services.
    24    (g)  A designated hotline center shall meet the requirements set forth
    25  by the NSPL for serving high risk and specialized populations  including
    26  but  not  limited  to: Black, African American, Hispanic, Latino, Asian,
    27  Pacific Islander, Native American, Alaskan Native; Lesbian, gay, bisexu-
    28  al, transgender, nonbinary, queer, and questioning individuals; individ-
    29  uals with intellectual and developmental disabilities; individuals expe-
    30  riencing homelessness or housing instability; immigrants  and  refugees;
    31  children  and  youth; older adults; and religious communities as identi-
    32  fied by the federal Substance Abuse and Mental Health Services  Adminis-
    33  tration,  including  training requirements and policies for transferring
    34  such callers to an appropriate specialized center or subnetworks  within
    35  or  outside  the  NSPL  network  and  for  providing  linguistically and
    36  culturally competent care.
    37    (h) A designated hotline center shall provide  follow-up  services  as
    38  needed  to individuals accessing the 9-8-8 suicide prevention and mental
    39  health crisis hotline consistent with guidance and policies  established
    40  by the NSPL.
    41    2.    The  commissioner of the office of mental health and the commis-
    42  sioner of the office of addiction services and supports shall  establish
    43  a  comprehensive  list of reporting metrics to be included in the annual
    44  report  of  the  9-8-8  suicide  prevention  and  mental  health  crisis
    45  hotline's usage, services and impact which shall include, at a minimum:
    46    (a)  The  volume  of  requests  for  assistance that the 9-8-8 suicide
    47  prevention and mental health crisis hotline received;
    48    (b) The average length of time taken to respond to  each  request  for
    49  assistance, and the aggregate rates of call abandonment;
    50    (c)  The  types  of  requests  for  assistance  that the 9-8-8 suicide
    51  prevention and mental health crisis hotline received;
    52    (d) The number of mobile crisis teams dispatched;
    53    (e) The number of individuals contacted by mobile crisis teams;
    54    (f) The number of such individuals  transported  for  care  by  mobile
    55  crisis teams;

        S. 6194                             4

     1    (g)  The  number of such individuals transferred by mobile crisis team
     2  responders to the custody of law enforcement; and
     3    (h)  The  age, gender, race, ethnicity, national origin of individuals
     4  contacted, transported, or transferred by each  mental  health  response
     5  unit.
     6    3.    The  commissioner of the office of mental health and the commis-
     7  sioner of the office of addiction services and supports shall submit  an
     8  annual  report on or by December thirty-first, two thousand twenty-three
     9  and annually thereafter, regarding the comprehensive list  of  reporting
    10  metrics  to  the  governor,  the  temporary president of the senate, the
    11  speaker of the assembly, the minority  leader  of  the  senate  and  the
    12  minority leader of the assembly.
    13    §  342. Mobile crisis teams.  The commissioner of the office of mental
    14  health and the commissioner of the  office  of  addiction  services  and
    15  supports shall provide onsite response services for crisis calls utiliz-
    16  ing state or local mobile crisis teams.
    17    1.  A  mobile crisis team shall include, but not be limited to, mental
    18  health professionals, family advocates and peers, as defined by  section
    19  three hundred forty of this article;
    20    2.  A mobile crisis team shall collaborate on data and crisis response
    21  protocols with local law enforcement agencies as co-responders, only  as
    22  needed, to respond to high-risk situations that are unmanageable without
    23  law enforcement;
    24    3.  A mobile crisis team shall collaborate on data and crisis response
    25  protocols with local emergency medical services as  co-responders,  only
    26  as needed to respond to situations that require such services.
    27    §  343. Establishment of fees for system costs. 1. The commissioner of
    28  the department of taxation and finance, in consultation with the commis-
    29  sioner of the office of mental health and the commissioner of the office
    30  of addiction services and supports, shall establish and maintain a 9-8-8
    31  trust fund for the purposes of creating and maintaining a 9-8-8  suicide
    32  prevention  and  mental  health  crisis  system pursuant to the National
    33  Suicide Hotline Designation Act of 2020 and  the  Federal  Communication
    34  Commission's  rules  adopted  July  sixteenth,  two thousand twenty, and
    35  national guidelines for crisis care.
    36    2. (a) The fund shall consist of:
    37    (i) monies from a 9-8-8 fee assessed  on  users  pursuant  to  section
    38  three hundred forty-four of this article;
    39    (ii) appropriations, if any;
    40    (iii) grants and gifts intended for deposit in the fund;
    41    (iv) interest, premiums, gains, or other earnings on the fund; and
    42    (v) any other monies that are deposited in or transferred to the fund.
    43    (b) Monies in the fund:
    44    (i)  do  not revert at the end of any fiscal year and remain available
    45  for the purposes of the fund in subsequent fiscal years;
    46    (ii) are not subject to transfer to any other  fund  or  to  transfer,
    47  assessment,  or  reassessment  for  any  other use or purpose outside of
    48  those specified in this section; and
    49    (iii) are continuously dedicated for the purposes of the fund.
    50    3. The commissioner of the  department  of  taxation  and  finance  in
    51  conjunction with the commissioner of the office of mental health and the
    52  commissioner  of  the  office  of  addiction services and supports shall
    53  submit an annual report of fund deposits and expenditures into the 9-8-8
    54  trust fund, to the governor, the temporary president of the senate,  the
    55  speaker of the assembly, the minority leader of the senate, the minority

        S. 6194                             5

     1  leader  of  the  assembly,  and  the chair of the federal communications
     2  commission.
     3    §  344.  Application;  limitations; exemptions. 1. The commissioner of
     4  public service, consistent with the National Suicide Hotline Designation
     5  Act of 2020, shall establish a monthly 9-8-8 fee on each  resident  that
     6  is a subscriber of wireless communication service or voice over internet
     7  protocol  service, as defined by section three hundred one of this chap-
     8  ter at a fixed rate that provides for the creation, operation, and main-
     9  tenance of a 9-8-8 suicide prevention and mental  health  crisis  system
    10  and  the  continuum  of services provided pursuant to federal guidelines
    11  for crisis services.
    12    2. The 9-8-8 fee shall not be applied  to  mobile  service  users  who
    13  receive benefits under the federal Lifeline program as defined in 47 CFR
    14  54.401.
    15    § 3. This act shall take effect immediately.
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