Bill Text: NY S08820 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes a statewide person-centered mental health services work group to improve statewide mental health planning and outcomes to achieve a person-centered, prevention-first integrated and tiered system of care for holistic health and wellness.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-05-15 - PRINT NUMBER 8820A [S08820 Detail]

Download: New_York-2023-S08820-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8820

                    IN SENATE

                                     March 15, 2024
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health

        AN  ACT  in  relation to establishing a statewide person-centered mental
          health services work group to improve statewide mental health planning
          and outcomes to achieve a person-centered, prevention-first integrated
          and tiered system of care for holistic health and wellness

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

     1    Section  1.  Statewide  person-centered  mental  health  services work
     2  group.   1.  There  is  hereby  created  person-centered  mental  health
     3  services  work  group  to  examine,  evaluate, determine, recommend, and
     4  oversee implementation of how to improve statewide mental  health  plan-
     5  ning  and  outcomes to achieve a person-centered, prevention-first inte-
     6  grated and tiered system of care for holistic health and wellness.
     7    2. The work group shall consist of twenty statewide members,  four  ex
     8  officio  members,  and  twenty-eight  regional  representative  members,
     9  appointed as follows:
    10    (a) Statewide members. Statewide members  shall  be  appointed  within
    11  sixty days of the effective date of this act:
    12    (i) three members shall be appointed by the temporary president of the
    13  senate, one of which must be a peer or consumer representative;
    14    (ii)  three members shall be appointed by the speaker of the assembly,
    15  one of which must be a peer or consumer representative;
    16    (iii) two members shall be appointed by the  minority  leader  of  the
    17  senate;
    18    (iv)  two  members  shall  be  appointed by the minority leader of the
    19  assembly;
    20    (v) three members shall be appointed by the  governor,  one  of  which
    21  must be a peer or consumer representative;
    22    (vi)  three  members shall be appointed by the council of local mental
    23  hygiene directors;
    24    (vii) two members shall be appointed by the behavioral health services
    25  advisory council; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14417-01-4

        S. 8820                             2

     1    (viii) two members shall be appointed by the most  integrated  setting
     2  coordinating council.
     3    (b)  Ex  officio members. The commissioners of the office of addiction
     4  services and supports, the office of mental health,  the  department  of
     5  health,  and  the New York city department of health and mental hygiene,
     6  or their designees, shall serve as ex officio members of the work group.
     7    (c) Regional membership and appointments. (i)  For  purposes  of  this
     8  act,  there  shall  be  nine  regions, consisting of the same geographic
     9  areas and counties as the social care networks described in the  January
    10  2024  New  York State Department of Health Request for Applications: New
    11  York Health Equity Reform: Social Care Networks:
    12    (1) Region 1: Capital;
    13    (2) Region 2: Western;
    14    (3) Region 3: Hudson Valley;
    15    (4) Region 4: New York City;
    16    (5) Region 5: Finger Lakes;
    17    (6) Region 6: Southern Tier;
    18    (7) Region 7: Central;
    19    (8) Region 8: Long Island;
    20    (9) Region 9: North Country.
    21    (ii) There shall be three members from each region,  except  New  York
    22  City, which shall have four.
    23    (iii)  Regional members shall be selected through a nominating process
    24  conducted by the New York alliance for rights and recovery.  A  majority
    25  of the candidates must have lived experience as a person who is current-
    26  ly or was previously in the shelter system, used or using public housing
    27  vouchers,  court-involved,  and/or  the  public health and mental health
    28  systems. The New York alliance for rights and recovery shall be  compen-
    29  sated  for  this  work  through a negotiated contract with the office of
    30  mental health.
    31    3. Appointments shall be made within sixty days of the effective  date
    32  of  this  act.  Vacancies  in the work group shall be filled in the same
    33  manner provided for original appointments.
    34    4. The work group membership shall accurately  reflect  the  race  and
    35  ethnicity  of  people  who use public health and mental health services.
    36  The minority leader of the senate and the speaker of the assembly  shall
    37  review  the composition of the work group following the nominating proc-
    38  ess and shall, if necessary, select alternative members proposed by  the
    39  relevant  nominating  bodies to achieve the inclusion and equity targets
    40  described herein.
    41    5. All work group members shall be required to disclose any financial,
    42  personal, or professional conflicts of interest related to  the  subject
    43  and decisions under consideration by the work group.
    44    6.  Participation  by  non-voting  members encourages the inclusion of
    45  diverse viewpoints but does not dilute the decision-making authority  of
    46  the  work  group  members  who  use  mental  health services. Non-voting
    47  members may participate in all actions afforded members but may not vote
    48  on any resolutions. If not otherwise selected to be a member of the work
    49  group, the following shall be non-voting members:
    50    (a) the director of recipient affairs from any local or state  govern-
    51  mental unit;
    52    (b)  representatives  of  trade  associations representing housing and
    53  service providers, hospital associations, and  health  insurance  compa-
    54  nies;

        S. 8820                             3

     1    (c) representatives of social justice and legal advocacy organizations
     2  with  an  established  track  record  of  public testimony and/or policy
     3  research related to the provision of mental health service;
     4    (d)  a  representative  selected  by  the  national alliance on mental
     5  illness of New York state; and
     6    (e) additional non-voting members may be added at  the  discretion  of
     7  the work group.
     8    7.  Work group members shall receive no compensation for their efforts
     9  and services as members for the actual and necessary  expenses  incurred
    10  in  the  performance  of  their  duties.  Notwithstanding the foregoing,
    11  however, compensation shall be provided  to  work  group  members,  both
    12  voting  and  non-voting,  with  lived  experiences who are not otherwise
    13  compensated for their  time  devoted  to  work  group  activities.  Such
    14  compensation shall be equivalent to the average compensation of the work
    15  group membership that is voted on and agreed to by the voting members of
    16  the  work  group.    Such  compensation shall be allocated from the work
    17  group operating budget. Members shall be considered public officers  for
    18  the purpose of section 17 of the public officers law.
    19    8.  A  quorum shall consist of a majority of members of the work group
    20  entitled to vote on the matter  under  consideration.  Approval  of  any
    21  matter  shall  require the affirmative vote of a majority of the members
    22  voting thereon. The  quorum  must  include  a  proportionate  number  of
    23  members  with  lived  experiences  that  is equal to or greater than the
    24  proportion of the work group as a whole.
    25    9. The work group shall be authorized to adopt by-laws for the manage-
    26  ment and regulation of its affairs.
    27    10. The statewide person-centered mental health  services  work  group
    28  shall develop the recommendations for:
    29    (a) A regional and statewide mental health planning system to:
    30    (i) Establish regional short and long-range strategic goals and strat-
    31  egies that integrate behavioral health and physical health;
    32    (ii) Ensure that persons with lived experiences have a leadership role
    33  in the development of these goals;
    34    (iii) Ensure adoption through a community consensus process;
    35    (iv) Identify measurable outcomes, accountability, and funding for the
    36  strategic goals; and
    37    (v)  Ensure  there  is  a  transparent  annual  evaluation and quality
    38  improvement process that is consistent across all regions.
    39    (b) Establishing a statewide clearinghouse of  best  practices  to  be
    40  posted  publicly, regularly updated, and on the office of mental health,
    41  the office of addiction services and supports, the department of health,
    42  and the New York city department of health and mental  hygiene  websites
    43  to  ensure  the implementation of programs that have proved effective in
    44  one region could be scaled up across the entire system.
    45    (c) Establishing an annual budgeting system to ensure regional-identi-
    46  fied priorities are adequately funded.
    47    (d) A bill, to be called the "person-centered mental  health  services
    48  act"  that  authorizes  the  establishment  of planning, implementation,
    49  funding, evaluation, and  recommendations  of  services,  supports,  and
    50  outcomes  for  people  who use the public behavioral health systems that
    51  are consistent with the recommendations of the work group.
    52    11. In carrying  out  its  functions,  the  work  group  shall  foster
    53  discussions  among,  and  conduct  formal public hearings with requisite
    54  public notice to solicit input from, local stakeholders'  interests.  It
    55  will  conduct  research  and evaluate strategic planning tools and tech-
    56  niques used in the public sphere that have proven  to  be  effective  in

        S. 8820                             4

     1  soliciting  and incorporating meaningful community input into comparable
     2  regional plans and meet the requirements described in paragraph  (a)  of
     3  subdivision ten of this section.
     4    12.  (a)  The commissioners of the office of mental health, the office
     5  of addiction services and supports, the department of  health,  and  the
     6  New  York city department of health and mental hygiene shall designate a
     7  sufficient number of employees of their offices as are reasonably neces-
     8  sary to provide support services to the statewide  work  group  and  its
     9  efforts. The work group may employ additional staff and consultants, who
    10  shall be paid from amounts available to the work group for that purpose.
    11    (b)  The  commissioners  of the office of mental health, the office of
    12  addiction services and supports, the department  of  health,  and  local
    13  county  health  care  agencies  shall  appoint  representatives of their
    14  respective offices to serve as a liaison between their offices  and  the
    15  work  group.  All  state agencies, public authorities and public benefit
    16  corporations  shall  provide  such  assistance  as  may  be   reasonably
    17  requested.
    18    13.  The  work  group's  tasks  shall  be  supported by an independent
    19  outside consulting firm that  possesses  the  requisite  experience  and
    20  expertise   in   human-centered  design,  design  thinking,  or  related
    21  concepts. The firm shall be selected by a  majority  vote  of  the  work
    22  group  from  a list of three candidates identified through a request for
    23  proposal process overseen by the department of health.
    24    14. Deliberations, meetings and other proceedings of the  work  group,
    25  and any committees thereof, shall be governed by article 7 of the public
    26  officers  law. Any one or more members of the work group may participate
    27  in a meeting by means of a conference  telephone,  conference  video  or
    28  similar  communications  equipment allowing all persons participating in
    29  the meeting to hear each other at the same time. Participation  by  such
    30  means  shall constitute presence in person at a meeting. At any meetings
    31  of the work group conducted by means of a conference telephone,  confer-
    32  ence  video  or  similar  communications equipment, other than executive
    33  sessions, the public shall be given an opportunity  to  listen.    If  a
    34  meeting other than an executive session is to be conducted by means of a
    35  conference  telephone, conference video or similar communications equip-
    36  ment, the public notice for the meeting shall  inform  the  public  that
    37  such  equipment  will be used and identify the means by which the public
    38  may listen to such meeting.
    39    15. (a) Upon consideration of factors identified in subdivision ten of
    40  this section, the work group shall develop recommendations for reform of
    41  the state's local  mental  health  planning  process  to  ensure  it  is
    42  informed by consumers and reflective of local needs.
    43    (b)  The  work group shall transmit a report containing these specific
    44  recommendations to the governor and the legislature on or before  Novem-
    45  ber  1,  2025.  The  report  and recommendations shall simultaneously be
    46  posted on the websites of the office of mental  health,  the  office  of
    47  addiction  services  and supports, and the department of health, as well
    48  as distributed to the  public  via  the  same  media  channels  used  to
    49  announce major program or policy changes, or procurement opportunities.
    50    16. The work group's annual budget is five million dollars, subject to
    51  an  appropriation  therefor.  In the furtherance of its duties, the work
    52  group shall be authorized to expend not more than  the  approved  annual
    53  budget  for  reasonable and standard consulting and research fees, tech-
    54  nology devices, travel and lodging, compensation of members eligible  as
    55  described  in  subdivision  seven  of  this section, and any other items

        S. 8820                             5

     1  considered essential for its work. The work group may make a request for
     2  additional funding to the office of mental health, as needed.
     3    17.  The  work  group  shall be authorized and entitled to receive any
     4  grants offered pursuant to section 54 of the state finance law.
     5    18. (a) If any clause, sentence, paragraph, subdivision,  section,  or
     6  part  of  this act shall be adjudged by any court of competent jurisdic-
     7  tion to be invalid, such judgment shall not affect, impair,  or  invali-
     8  date  the  remainder  thereof, but shall be confined in its operation to
     9  the clause, sentence, paragraph, subdivision, section  or  part  thereof
    10  directly  involved  in the controversy in which such judgment shall have
    11  been rendered.
    12    (b) It is hereby declared to be the intent  of  the  legislature  that
    13  this act would have been enacted even if such invalid provisions had not
    14  been included herein.
    15    § 2. This act shall take effect immediately.
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