S T A T E   O F   N E W   Y O R K
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                                  8165

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2009
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
  Committee on Mental Health, Mental Retardation and Developmental Disa-
  bilities

AN ACT to amend the mental hygiene law, in relation to establishing peer
  crisis diversion homes

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

  Section  1.  The mental hygiene law is amended by adding a new section
31.34 to read as follows:
S 31.34 PEER CRISIS DIVERSION HOMES.
  (A) FOR THE PURPOSES OF THIS SECTION:
  (1) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF MENTAL HEALTH;
  (2) "CRISIS  DIVERSION  SERVICES"  SHALL  MEAN  SERVICES  DESIGNED  TO
PROVIDE  A PERSON WHO HAS BEHAVIORAL HEALTH DISORDERS AND WHO IS EXPERI-
ENCING SYMPTOMS, A SAFE, SUPPORTIVE AND AFFIRMING  HOME-LIKE,  TEMPORARY
RESIDENCE  WHERE  THE  PERSON MAY BEGIN THE RECOVERY PROCESS, UNDERSTAND
THE MEANING OF WHAT THE PERSON IS EXPERIENCING  AND  REGAIN  EQUILIBRIUM
AND  THE ABILITY TO RELATE EFFECTIVELY TO OTHER PEOPLE. CRISIS DIVERSION
SERVICES INCLUDE PEER SUPPORT WITH AN EMPHASIS ON  RELATIONSHIP-BUILDING
AND PERSONAL CHOICE;
  (3)  "PEER  SUPPORT SPECIALIST" SHALL MEAN A PERSON WHO HAS PREVIOUSLY
EXPERIENCED URGENT BEHAVIORAL HEALTH NEEDS AND HAS RECOVERED AND WHO HAS
SUCCESSFULLY COMPLETED TRAINING THAT HAS BEEN APPROVED  BY  THE  COMMIS-
SIONER, QUALIFYING THAT PERSON TO WORK WITH A RESIDENT;
  (4)  "RESIDENT"  SHALL MEAN AN ADULT WHO HAS EXPERIENCED URGENT BEHAV-
IORAL HEALTH NEEDS BUT DOES NOT REQUIRE HOSPITALIZATION AND  WHO  VOLUN-
TARILY RESIDES FOR A SHORT TERM STAY IN A PEER CRISIS DIVERSION HOME;
  (5)  "PEER  CRISIS  DIVERSION HOME" SHALL MEAN A HOME-LIKE ENVIRONMENT
THAT OFFERS CRISIS DIVERSION SERVICES BY TEMPORARILY  HOUSING  VOLUNTARY
RESIDENTS  WHO  ENGAGE  IN  ROUTINE ACTIVITIES OF DAILY LIVING AND LEARN
ABOUT TOOLS FOR  RECOVERY  THROUGH  EXPERIENCE  AND  PEER  SUPPORT.  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11340-02-9
              

A. 8165                             2

GOVERNING  BODY  OF SUCH HOME SHALL CONSIST OF CURRENT OR FORMER RECIPI-
ENTS OF MENTAL HEALTH SERVICES AND SHALL  CONTROL  THE  DECISION  MAKING
PROCESSES  OF  THE  ORGANIZATION,  INCLUDING  CONTROL  OF ALL BUDGET AND
PERSONNEL MANAGEMENT RELATED TO THE PEER CRISIS DIVERSION HOME.
  (B)  THE COMMISSIONER SHALL PROVIDE FORMAL GUIDELINES FOR TRAINING AND
CREDENTIALING OF A PEER SUPPORT  SPECIALIST,  PROVIDED  THAT  EACH  PEER
SUPPORT  SPECIALIST  SHALL PERSONALLY HAVE EXPERIENCED URGENT BEHAVIORAL
HEALTH NEEDS AND SHALL BE CERTIFIED AS COMPLETING TRAINING IN DE-ESCALA-
TION TECHNIQUES, CULTURAL COMPETENCY, RACE RELATIONS, THE RECOVERY PROC-
ESS, SUBSTANCE ABUSE, AND AVOIDANCE OF AGGRESSIVE CONFRONTATION PRIOR TO
WORKING AT A PEER CRISIS DIVERSION HOME.
  (C) THE COMMISSIONER SHALL, WITHIN ONE YEAR OF ENACTMENT, ESTABLISH OR
CONTRACT FOR THE ESTABLISHMENT OF NO LESS THAN SIX PEER CRISIS DIVERSION
HOMES, THREE OF WHICH SHALL BE IN URBAN  SETTINGS  AND  THREE  OF  WHICH
SHALL  BE  IN RURAL COMMUNITIES. SUCH HOMES SHALL BE RECIPIENT-RUN HOMES
AND MAY BE ASSOCIATED WITH COMPREHENSIVE PSYCHIATRIC EMERGENCY  PROGRAMS
ESTABLISHED PURSUANT TO SECTION 31.27 OF THIS ARTICLE.
  (D) A PEER CRISIS DIVERSION HOME, AS AUTHORIZED BY THIS SECTION, SHALL
OFFER CRISIS DIVERSION SERVICES THAT:
  (1) SERVE RESIDENTS REGARDLESS OF INCOME;
  (2)  ARE  STAFFED  TWENTY-FOUR HOURS A DAY BY TWO OR MORE PEER SUPPORT
SPECIALISTS;
  (3) EMPLOY A LICENSED CLINICIAN FULL TIME AND A PSYCHIATRIC CONSULTANT
AT LEAST PART TIME;
  (4) INCLUDE PEER SUPPORT IN HELPING  RESIDENTS  PERFORM  DAILY  PUBLIC
LIVING SKILLS AND REENTRY INTO INDEPENDENT LIVING;
  (5)  OFFER  A  MIX  OF  THERAPEUTIC SERVICES, INCLUDING NONTRADITIONAL
TOOLS FOR WELLNESS AND TRADITIONAL BEHAVIORAL HEALTH SERVICES;
  (6) ACCEPT A RESIDENT ON A FIRST-COME, FIRST-SERVED BASIS FOR A TEMPO-
RARY STAY PROVIDED THEY HAVE ALTERNATE LONG TERM HOUSING OPTIONS  AVAIL-
ABLE;
  (7)  USE INTERPERSONAL RELATIONSHIP AND CONNECTION TO THE COMMUNITY AS
PRIMARY MODALITIES OF CARE;
  (8) BASE LENGTH OF STAY  ON  THE  PSYCHOLOGICAL  STATE  OF  RESIDENTS,
PROVIDED  THAT SUCH STAY SHALL BE SHORT TERM WITH THE UNDERSTANDING THEY
ARE ABLE AND WILLING TO LIVE IN MORE INDEPENDENT SETTINGS AND TO  RESUME
THEIR DESIRED ROLES IN THE COMMUNITY; AND
  (9)  ARE  A  PART  OF  A SYSTEM OF CARE CONTINUUM IN THE COMMUNITY AND
STATE AIMED AT  DIVERTING  INDIVIDUALS  EXPERIENCING  BEHAVIORAL  HEALTH
CRISIS  FROM MORE INTENSIVE HOSPITAL BASED CARE AND TREATMENT BY PROVID-
ING PEER SUPPORT SERVICES IN A HOME-LIKE SETTING FOR SHORT TERM,  TEMPO-
RARY STAYS.
  (E)  AS  EARLY  AS  POSSIBLE, A PEER SUPPORT SPECIALIST SHALL ASSIST A
RESIDENT OF A PEER CRISIS HOME WITH ACCESSING A SERVICE PROVIDER WHO MAY
COORDINATE CARE AND OTHERWISE PROVIDE SUPPORT FOR SUCH RESIDENT UPON THE
COMPLETION OF SUCH RESIDENT'S STAY AT A PEER CRISIS DIVERSION HOME.
  (F) PEER CRISIS DIVERSION HOMES SHALL CONSULT  WITH  COMMUNITY  STAKE-
HOLDERS,  INCLUDING THOSE WHO USE THE BEHAVIORAL HEALTH SYSTEM AND THEIR
FAMILY MEMBERS, PROVIDERS OF BEHAVIORAL HEALTH SERVICES, WHETHER  TRADI-
TIONAL  OR ALTERNATIVE, ADVOCATES, AND OTHERS WITH SUBJECT MATTER EXPER-
TISE, AS PART OF THE PLANNING AND DEVELOPMENT OF PEER  CRISIS  DIVERSION
HOMES.
  (G) PEER CRISIS DIVERSION HOMES SHALL PARTICIPATE IN COUNTY AND COMMU-
NITY  PLANNING  ACTIVITIES  ANNUALLY, AND AS NEEDED, IN ORDER TO PARTIC-
IPATE IN LOCAL COMMUNITY SERVICE PLANNING PROCESSES TO ENSURE, MAINTAIN,
IMPROVE  OR  DEVELOP  COMMUNITY  SERVICES  THAT   DEMONSTRATE   RECOVERY

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OUTCOMES.  THESE  OUTCOMES  INCLUDE,  BUT ARE NOT LIMITED TO, QUALITY OF
LIFE, SOCIO-ECONOMIC  STATUS,  ENTITLEMENT  STATUS,  SOCIAL  NETWORKING,
COPING SKILLS AND REDUCTION IN USE OF CRISIS SERVICES.
  S 2. This act shall take effect immediately.