S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2207

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sen.  DIAZ  --  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 and chapter 568 of  the  laws  of
  2005,  amending the mental hygiene law relating to enacting the geria-
  tric mental health act, in relation to mental health care and chemical
  dependence services for the elderly under the geriatric mental  health
  and chemical dependence demonstration program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 7.41 of the mental hygiene law, as added by chapter
568 of the laws of 2005, is amended to read as follows:
S 7.41 Geriatric [service] MENTAL HEALTH AND CHEMICAL DEPENDENCE  demon-
         stration program.
  (a) The office shall establish a geriatric [service] MENTAL HEALTH AND
CHEMICAL  DEPENDENCE  demonstration  program  to  provide grants, within
appropriations therefor, to providers of mental health care OR  CHEMICAL
DEPENDENCE  SERVICES,  OR  BOTH, to the elderly, INCLUDING ORGANIZATIONS
THAT PROVIDE HEALTH AND AGING SERVICES AS  WELL  AS  MENTAL  HEALTH  AND
CHEMICAL DEPENDENCE ORGANIZATIONS. Such program shall be administered by
the  office  in  cooperation with THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES, the state office for the  aging  and  such  other  state
agencies as the commissioner shall determine are necessary for the oper-
ation of the program.
  (b)  Grants may be awarded by the office to providers of care to older
adults with mental disabilities OR CHEMICAL DEPENDENCE, OR BOTH, for the
purposes which may include one or more of the following:
  (1) Community integration. Programs which  enable  older  adults  with
mental  disabilities  OR OLDER ADULTS SUFFERING FROM CHEMICAL DEPENDENCE
to age SAFELY in the community and prevent the unnecessary use of insti-
tutional care;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03455-01-9
              

S. 2207                             2

  (2) Improved quality of treatment. Programs  for  older  adults  which
improve  the  quality  of  mental  health  care  OR  CHEMICAL DEPENDENCE
SERVICES in the community OR IN RESIDENTIAL FACILITIES;
  (3)  Integration  of  services. Programs which integrate mental health
and  aging  services  with  alcohol,  drug,  health  and  other  support
services;
  (4) Workforce. Programs which make more efficient use of mental health
[and],  CHEMICAL  DEPENDENCE, health AND AGING SERVICES professionals by
developing alternative service roles for  paraprofessionals  and  volun-
teers,  including  peers, and programs more effective in recruitment and
retention of bi-lingual, bi-cultural or culturally competent staff;
  (5) Family support. Programs which provide support for family caregiv-
ers, to include the provision of care to older adults by younger  family
members and by older adults to younger family members;
  (6)  Finance. Programs which have developed and implemented innovative
financing methodologies to support the delivery of best practices;
  (7) Specialized populations. Programs which  concentrate  on  outreach
to,  engagement  of  and  effective  treatment of cultural minorities OR
VETERANS AS DEFINED IN SECTION EIGHTY-FIVE OF THE CIVIL SERVICE LAW;
  (8) Information clearinghouse. Programs which compile, distribute  and
make available information on clinical developments, program innovations
and  policy  developments  which  improve  the care to older adults with
mental disabilities OR SUFFERING FROM CHEMICAL DEPENDENCE; and
  (9) Staff training. Programs which offer on-going training initiatives
including improved clinical and cultural skills, evidence  based  geria-
tric  mental  health  AND  CHEMICAL DEPENDENCE TREATMENT skills, and the
identification and management of mental, behavioral and substance  abuse
disorders among older adults.
  (c)  The  commissioner  may  adopt  rules and regulations necessary to
implement the provisions of this section.
  S 2. Section 3 of chapter 568 of the laws of 2005, amending the mental
hygiene law relating to enacting the geriatric  mental  health  act,  as
amended  by  chapter  203  of  the  laws  of 2008, is amended to read as
follows:
  S 3. Interagency geriatric mental health and chemical dependence plan-
ning council. (a) There shall be established  an  interagency  geriatric
mental  health  and  chemical dependence planning council.  Such council
shall consist of nineteen members, as follows:
  (1) the commissioner of mental health, the commissioner of  alcoholism
and  substance abuse services, the director of the division of veterans'
affairs and the director of the state office for the  aging,  who  shall
serve  as the co-chairs of the council. The adjutant general shall serve
as an ex-officio member of the council;
  (2) one member appointed by the commissioner of mental retardation and
developmental disabilities to represent the office of mental retardation
and developmental disabilities;
  (3) one member appointed by the chairman of the  state  commission  on
quality  of care and advocacy for persons with disabilities to represent
such commission;
  (4) one member appointed by the commissioner of  health  to  represent
the department of health;
  (5) one member appointed by the commissioner of education to represent
the education department and the board of regents;
  (6)  one  member  appointed by the commissioner of children and family
services to represent the office of  children  and  family  services  on
issues relating to adult protective services;

S. 2207                             3

  (7) one member appointed by the commissioner of temporary and disabil-
ity  assistance  to  represent  the  office  of temporary and disability
assistance;
  (8) four members appointed by the governor; and
  (9) two members appointed by the temporary president of the senate and
two  members  appointed  by the speaker of the assembly to represent any
other organizations  which  serve  or  advocate  on  behalf  of  elderly
persons.
  (b)  The  members  of the council shall serve at the pleasure of their
appointing authority.
  (c) The council shall meet as often as necessary, but  not  less  than
four  times  per calendar year, to develop annual recommendations, to be
submitted to the commissioner of  mental  health,  the  commissioner  of
alcoholism and substance abuse services, the director of the division of
veterans'  affairs,  the  adjutant general and the director of the state
office for the aging, regarding geriatric  mental  health  and  chemical
dependence needs. Such recommendations may address issues which include:
community   integration,  quality  improvement,  integration  of  mental
health, CHEMICAL DEPENDENCE, HEALTH AGING  AND  SUCH  RELEVANT  services
[with  services  to  address  alcoholism,  drug  abuse,  and health care
needs,] AS APPROPRIATE; AND workforce development,  family  support  and
finance.
  S 3. This act shall take effect immediately.