S T A T E   O F   N E W   Y O R K
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                                  7719

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 31, 2013
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Mental Health

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

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

  Section 1. Legislative  intent.  The  legislature  hereby  finds  that
racial  and  ethnic  minorities  in  America  comprise a substantial and
vibrant segment of the United States population. According to  the  2000
United  States Census, minorities comprised the majority of the New York
City population. Further, the legislature finds that nearly half of  all
New  York  City  households speak a language other than English at home,
and that the "enormous shortage  of  trained  bilingual  and  bicultural
counselors, therapists, psychiatrists and social workers, make it impos-
sible,  for many limited-English-proficient New Yorkers to obtain refer-
rals and timely, appropriate mental health  services"  (New  York  State
Assembly  Standing  Committee  on Mental Health report, AN EVALUATION OF
THE DELIVERY OF MENTAL HYGIENE SERVICES  IN  NEW  YORK  STATE,  February
2005).  Moreover, the legislature finds that the President's New Freedom
Commission on Mental Health also found that the mental health system  in
the  United  States  "has not kept pace with the diverse needs of racial
and ethnic minorities.  Misunderstanding and  misinterpreting  behaviors
have  led  to  tragic  consequences,  including  inappropriately placing
minorities in the criminal and juvenile justice systems."  Consequently,
the  legislature  finds that a division of minority mental health should
be created to address the unique mental health needs of the  racial  and
ethnic minority citizens of the state.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"minority mental health act".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02835-01-3

              

A. 7719                             2

  S 3. The mental hygiene law is amended by adding a new  article  8  to
read as follows:
                                ARTICLE 8
                       DIVISION OF MINORITY MENTAL
                                 HEALTH
SECTION 8.01 DECLARATION OF POLICY.
        8.03 DEFINITIONS.
        8.05 DIVISION OF MINORITY MENTAL HEALTH.
        8.07 SCOPE OF RESPONSIBILITIES.
        8.09 MINORITY MENTAL HEALTH COUNCIL.

S 8.01 DECLARATION OF POLICY.
  THE  STATE OF NEW YORK AND ITS LOCAL GOVERNMENTS HAVE A RESPONSIBILITY
TO CARE FOR AND TREAT ALL OF ITS CITIZENS SUFFERING FROM MENTAL DISABIL-
ITIES. TO ADDRESS THE GROWING AND  SIGNIFICANT  DISCONNECT  BETWEEN  THE
MENTAL  HEALTH  CARE  NEEDS,  AND  THE AVAILABILITY AND ACCESSIBILITY OF
CULTURALLY AND LINGUISTICALLY COMPETENT CARE FOR ALL NEW YORKERS, A  NEW
DIVISION  OF MINORITY MENTAL HEALTH IS CREATED. THE DIVISION SHALL FOCUS
ON ASSESSING THE MENTAL HEALTH NEEDS OF RACIAL AND ETHNIC MINORITY POPU-
LATIONS AND STRIVE TO BEST ENSURE THAT APPROPRIATE CARE IS  PROVIDED  TO
THESE INDIVIDUALS.
S 8.03 DEFINITIONS.
  AS USED IN THIS ARTICLE:
  (A)  "COUNCIL" MEANS THE MINORITY MENTAL HEALTH COUNCIL ESTABLISHED BY
SECTION 8.09 OF THIS ARTICLE.
  (B) "DIVISION" MEANS THE DIVISION OF MINORITY  HEALTH  ESTABLISHED  BY
SECTION 8.05 OF THIS ARTICLE.
S 8.05 DIVISION OF MINORITY MENTAL HEALTH.
  THERE IS HEREBY ESTABLISHED, WITHIN THE OFFICE, A DIVISION OF MINORITY
MENTAL HEALTH. THE DIVISION SHALL ASSIST THE OFFICE AND THE COMMISSIONER
IN  CARRYING  OUT  THEIR  POWERS AND DUTIES RELATING TO THE PROVISION OF
MENTAL HEALTH SERVICES TO RACIAL AND ETHNIC MINORITIES.
S 8.07 SCOPE OF RESPONSIBILITIES.
  THE DIVISION SHALL:
  (A) BE RESPONSIBLE  FOR  ASSURING  THAT  MENTAL  HEALTH  PROGRAMS  AND
SERVICES ARE CULTURALLY AND LINGUISTICALLY APPROPRIATE TO MEET THE NEEDS
OF RACIAL AND ETHNIC MINORITIES;
  (B)  SERVE  AS  LIAISON AND ADVOCATE FOR THE OFFICE ON MINORITY MENTAL
HEALTH MATTERS.   THIS FUNCTION SHALL INCLUDE  THE  PROVISION  OF  STAFF
SUPPORT  TO  THE  COUNCIL  AND  THE ESTABLISHMENT OF APPROPRIATE PROGRAM
LINKAGE WITH RELATED FEDERAL, STATE, AND LOCAL AGENCIES AND PROGRAMS;
  (C) ASSIST PROFESSIONAL SCHOOLS AND STATE AGENCIES TO DEVELOP  COMPRE-
HENSIVE PROGRAMS TO IMPROVE THE SUPPLY OF MINORITY MENTAL HEALTH PERSON-
NEL BY PROMOTING MINORITY MENTAL HEALTH CLINICAL TRAINING AND CURRICULUM
IMPROVEMENT, AND DISSEMINATING MINORITY MENTAL HEALTH CAREER INFORMATION
TO HIGH SCHOOL AND COLLEGE STUDENTS; AND
  (D)  REVIEW THE IMPACT OF PROGRAMS, REGULATIONS AND MENTAL HEALTH CARE
REIMBURSEMENT POLICIES ON MINORITY MENTAL HEALTH  SERVICE  DELIVERY  AND
ACCESS.
S 8.09 MINORITY MENTAL HEALTH COUNCIL.
  (A)  THERE  IS  HEREBY  ESTABLISHED,  WITHIN  THE DIVISION, A MINORITY
MENTAL HEALTH COUNCIL  TO  CONSIST  OF  THE  COMMISSIONER  AND  FOURTEEN
APPOINTED  MEMBERS.    THE  COMMISSIONER SHALL SERVE AS THE CHAIR OF THE
COUNCIL.  THE APPOINTED MEMBERSHIP OF THE COUNCIL  SHALL  HAVE  RELEVANT
EXPERIENCE  RELATED TO THE PROVISION OR RECEIPT OF MINORITY SERVICES AND
SHALL BE REFLECTIVE OF THE DIVERSITY OF THE STATE'S  POPULATION  INCLUD-

A. 7719                             3

ING, BUT NOT LIMITED TO, THE VARIOUS MINORITY POPULATIONS THROUGHOUT THE
STATE.  THE MEMBERS SHALL BE APPOINTED AS FOLLOWS:
  1. FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
  2.  FOUR  MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE;
  3. FOUR MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  4. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE;
AND
  5. ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE  ASSEM-
BLY.
  (B)  THE  APPOINTED  MEMBERS OF THE COUNCIL SHALL EACH SERVE A TERM OF
TWO YEARS, BUT SHALL CONTINUE TO SERVE IN OFFICE UNTIL THEIR  SUCCESSORS
ARE  APPOINTED.  ALL VACANCIES IN THE MEMBERSHIP OF THE COUNCIL SHALL BE
FILLED FOR THE UNEXPIRED TERM WITHIN SIX MONTHS OF THE DATE THE  VACANCY
OCCURS.  VACANCIES  SHALL  BE  FILLED IN THE SAME MANNER AS THE ORIGINAL
APPOINTMENT.
  (C) THE COUNCIL SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY  REQUIRE,
BUT  IN  NO  CASE SHALL IT MEET LESS THAN FOUR TIMES DURING ANY CALENDAR
YEAR.
  (D) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE  ALLOWED  THEIR  ACTUAL  AND  NECESSARY  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS ARTICLE.
  (E) THE COUNCIL SHALL:
  1. AT THE REQUEST OF THE COMMISSIONER, CONSIDER ANY MATTER RELATING TO
THE PROVISION AND IMPROVEMENT OF MINORITY MENTAL HEALTH SERVICES; AND
  2.  CONDUCT  A  STUDY  ON THE MENTAL HEALTH NEEDS OF RACIAL AND ETHNIC
MINORITIES AND THE AVAILABILITY AND EFFECTIVENESS OF  PROGRAMS  DESIGNED
TO  MEET SUCH NEEDS. SUCH STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, AN
EXAMINATION OF: RATES OF UNDERUTILIZATION OF MENTAL HEALTH  SERVICES  BY
SPECIFIC  RACIAL AND ETHNIC MINORITY GROUPS, THE REASONS CONTRIBUTING TO
SUCH  UNDERUTILIZATION  PATTERNS,  THE  AVAILABILITY  OF  MENTAL  HEALTH
SERVICES SPECIFICALLY DESIGNED TO ADDRESS THE NEEDS OF IDENTIFIED RACIAL
AND  ETHNIC  MINORITIES  AND  RECOMMENDATIONS  FOR ADDRESSING IDENTIFIED
UNMET NEEDS  AND  FOR  IMPROVING  THE  AVAILABILITY  OF  CULTURALLY  AND
LINGUISTICALLY  APPROPRIATE SERVICES. THE COUNCIL SHALL REPORT ITS FIND-
INGS AND RECOMMENDATIONS TO THE GOVERNOR, THE COMMISSIONER,  THE  TEMPO-
RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIR-
PERSONS  OF  THE  SENATE  MENTAL  HEALTH  AND DEVELOPMENTAL DISABILITIES
COMMITTEE AND THE ASSEMBLY  MENTAL  HEALTH  COMMITTEE,  WITHIN  EIGHTEEN
MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE.
  S  4. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law; provided that any appoint-
ments, rules and regulations necessary to implement  the  provisions  of
this  act  on  its  effective  date  are  authorized  and directed to be
completed on or before such date.