BILL NUMBER:S852

TITLE OF BILL:
An  act to amend the mental hygiene law, in relation to establishing the
division of minority mental health within the office of  mental  health,
and providing for its powers and duties

PURPOSE:
The  purpose  of this bill is to evaluate and improve the current mental
health service delivery model for ethnic and minority populations in New
York State.

SUMMARY OF PROVISIONS:
Section 1 sets forth the legislative intent.

Section 2 provides the short title of this  act,  "The  Minority  Mental
Health Act."

Section  3  adds a new Article 8 to the Mental Hygiene Law titled "Divi-
sion of Minority Mental Health." This section establishes a new Division
of Minority Mental Health within the Office of Mental Health  (OMH)  for
the  purpose of addressing a broad spectrum of mental health care issues
specifically focused on the needs of racial and  ethnic  minority  popu-
lations in New York State. Additionally, the bill establishes a Minority
Mental  Health  Council  within  the  newly created Division of Minority
Health to assist the Commissioner of OMH  with  minority  mental  health
              

issues,  and to conduct a study on the mental health needs of racial and
ethnic minorities. In such study, the Council is required to examine the
availability and effectiveness of current programs, examine an array  of
issues  impacting  service  delivery  to  minority  populations,  and to
provide recommendations to address the identified unmet needs. The Coun-
cil is further required to :report its findings to the Governor and  the
Legislature within 18 months of the effective date of this legislation.

Section  4  provides  that this bill would take effect April 1 following
enactment.

JUSTIFICATION:
New York State's population reflects a diversity of cultures and ethnic-
ities. According to t.he 2000 Census,  minority  populations  constitute
approximately  32%  of the State's population and 62% of New York City's
population. Consistent with these figures  is  the  stark  reality  that
there  is  a  lack  of  available and adequate mental health services in
languages other than English, and that there are high rates of  under-u-
tilization  of available mental health services by minority populations.
The fundamental need to address this disparity  was  recognized  in  the
President's New Freedom Commission on Mental Health. In the 2002 report,
the  Commission acknowledged that "the mental health system has not kept
pace with the diverse needs of racial and ethnic minorities, often under
serving or inappropriately serving them.  Specifically, the  system  has
neglected  to  incorporate  respect  or  understanding of the histories,

traditions, beliefs, languages, and value systems of culturally  diverse
groups. Misunderstanding and misinterpreting behaviors have led to trag-
ic  consequences,  including  inappropriately  placing minorities in the
criminal  and  juvenile  justice  systems."  New  York State must take a
proactive role in removing the numerous barriers existent in the current
mental health system. This legislation would provide a  bold  foundation
for improving access, quality and the outcomes of mental health services
provided to the culturally diverse populations across the State.

LEGISLATIVE HISTORY:
2011-12: S.3063 - Died in Mental Health
Same as S.5575 of 2008
Reported to Finance. A.3732 Passed Assembly.
Same as S.4938 of 2009 Veto #49.
S.7023/A.9833 of 2010 Passed Senate

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This  bill  will  take effect April 1 next succeeding the date of enact-
ment.