NY State Senate Bill 2013-S299A

Senate Bill S299A

2013-2014 Legislative Session

Renames and broadens the geriatric service demonstration program to include older adults with mental health disabilities and chemical dependence

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 29, 2014	reported and committed to finance
Apr 09, 2014	print number 299a
Apr 09, 2014	amend (t) and recommit to mental health and developmental disabilities
Jan 08, 2014	referred to mental health and developmental disabilities
Mar 06, 2013	reported and committed to finance
Jan 09, 2013	referred to mental health and developmental disabilities

Votes

- Apr 29, 2014 - Mental Health And Developmental Disabilities Committee Vote
  S299A
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Mental Health And Developmental Disabilities Committee Vote: Apr 29, 2014
      
      aye (9)
      
      Bonacic
      
      Carlucci
      
      Felder
      
      Hannon
      
      Krueger
      
      Latimer
      
      Rivera
      
      Tkaczyk
      
      Zeldin
      
      aye wr (2)
      
      Ball
      
      Seward
  Mar 6, 2013 - Mental Health And Developmental Disabilities Committee Vote
  S299A
  
  8
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Mental Health And Developmental Disabilities Committee Vote: Mar 6, 2013
      
      aye (8)
      
      Adams
      
      Ball
      
      Carlucci
      
      Felder
      
      Hannon
      
      Latimer
      
      Tkaczyk
      
      Zeldin
      
      aye wr (3)
      
      Bonacic
      
      Krueger
      
      Seward

Bill Amendments

Original

A (Active)

2013-S299 - Details

See Assembly Version of this Bill:: A427
Current Committee:: Senate Finance
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §7.41, Ment Hyg L; amd §3, Chap 568 of 2005
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2207, A1843
2011-2012: S308, A265
2015-2016: S256, A1234
2017-2018: S4910, S7229, A3861
2019-2020: S4925, A3193

2013-S299 - Summary

Broadens the geriatric service demonstration program to include older adults with mental health disabilities and chemical dependence; renames the program to be the geriatric mental health and chemical dependence demonstration program; allows for grants to be awarded by the office to providers of care to older adults with chemical dependence.

2013-S299 - Sponsor Memo

                                BILL NUMBER:S299

TITLE OF BILL:

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 geriatric 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

PURPOSE OR GENERAL IDEA OF BILL:

To amend the existing geriatric mental health act to expand the
advisory scope of the interagency geriatric mental health planning
council to include issues of substance abuse and chemical dependence.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends Section 7.41 of the Mental Hygiene Law. Renames such
section as the "Geriatric Mental Health and Chemical Dependence
Demonstration program". Requires the consideration of chemical
dependence services for mental health programs directed to seniors.

Section 2 Amends section 3 of chapter 568 of the laws of 2005. Expands
the advisory scope of the Interagency Geriatric Mental Health and
Chemical Dependence Planning Council. Makes technical amendments to
such section.

Section 3 provides for an effective date.

EXISTING LAW:
Title B, Article 7, Section 7.41 of the Mental Hygiene
Law establishes the Geriatric Service Demonstration Program.

JUSTIFICATION:
It is estimated that 17% of seniors suffer from alcoholism or some
other form of chemical dependence. As our senior population is
expected to increase over the next 15 years, we must act proactively
to develop programs and strategies to meet the expected needs of our
seniors. This legislation is unlike previous attempts to provide
chemical dependence services for seniors because it does not create a
new bureaucracy to investigate best practices for senior chemical
dependence services. It simply expands an existing planning council
to address chemical dependence among the elderly in New York State.

PRIOR LEGISLATIVE HISTORY:
2012:    S.308 - Notice of Committee Consideration Requested,
         Committee Discharged, Committed to Rules/A.265 - Passed
         Assembly
2011:    S.308 - Reported and Committed to Finance/A.265 - Reported
         Referred to Rules
2009-10: S.2207 - Reported and Committed to Finance/A.1843 - Reported
         Referred to Ways and Means
2008:    S.6817/A.9846 - Passed Both Houses, Veto Memo


14

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

2013-S299 - Bill Text download pdf

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

                                   299

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00506-01-3

S. 299                              2

to age SAFELY in the community and prevent the unnecessary use of insti-
tutional care;
  (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]  THE OFFICE FOR PEOPLE WITH developmental disabilities to represent
the office [of mental retardation and]  FOR  PEOPLE  WITH  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;

S. 299                              3

  (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;
  (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.

co-Sponsors

2013-S299A (ACTIVE) - Details

See Assembly Version of this Bill:: A427
Current Committee:: Senate Finance
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §7.41, Ment Hyg L; amd §3, Chap 568 of 2005
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2207, A1843
2011-2012: S308, A265
2015-2016: S256, A1234
2017-2018: S4910, S7229, A3861
2019-2020: S4925, A3193

2013-S299A (ACTIVE) - Summary

2013-S299A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S299A

TITLE OF BILL:  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 geriatric mental health act, in relation to mental health
care, chemical dependence and compulsive gambling services for the
elderly under the geriatric service demonstration program

PURPOSE OR GENERAL IDEA OF BILL:

To amend the existing geriatric mental health act to expand the
advisory scope of the interagency geriatric mental health planning
council to include issues of substance abuse, chemical dependence, and
compulsive gambling.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Section 7.41 of the Metal Hygiene Law. Requires the
consideration of chemical dependence and compulsive gambling services
for mental health programs directed to seniors.

Section 2. Amends section 3 of chapter 568 of the laws of 2005,
amending the geriatric mental health act to expand the advisory scope
of the geriatric mental health planning council to include chemical
dependence, compulsive gambling, health, aging and other services as
appropriate, and workforce development. Provides that such Council

shall consist of nineteen members and shall include the Commissioner
of the Office 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 co-chairs. The Adjutant
General shall serve as an ex-officio member of the Council. Specifies
the manner in which appointments to the Council shall be made.

Section 3. Effective Date

EXISTING LAW:

Title B, Article 7, Section 7.41 of the Mental Hygiene Law establishes
the Geriatric Service Demonstration Program.

JUSTIFICATION:

It is estimated that 17% of seniors suffer from alcoholism or some
other form of chemical dependence. Compulsive gambling is also a
growing problem. As our senior population is expected to increase over
the next 15 years, we must act proactively to develop programs and
strategies to meet the expected needs of our seniors. This legislation
is unlike previous attempts to provide services for seniors because it
does not create a new bureaucracy to investigate best practices for
senior chemical dependence and compulsive gambling services. It simply
expands an existing planning council to address these issues among the
elderly in New York State.

PRIOR LEGISLATIVE HISTORY:

2013: S.299-Reported and Committed to Finance/A.427- Referred to Aging


2012: S.308 - Notice of Committee Consideration Requested, Committee
Discharged, Committed to Rules/A.265 - Passed Assembly
2011: S.308 - Reported and Committed to Finance/A.265 Reported,
Referred to Rules
2009-10: S.2207 - Reported and Committed to Finance/A.1843 - Reported
Referred to Ways and Means
2008: S.6817/A.9846 - Passed Both Houses, Veto Memo #14

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S299A (ACTIVE) - Bill Text download pdf

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

                                 299--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 -- recommitted to the Committee on  Mental  Health
  and  Developmental Disabilities in accordance with Senate Rule 6, sec.
  8 -- committee discharged, bill amended, ordered reprinted as  amended
  and recommitted to said committee

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, chemical
  dependence and compulsive gambling services for the elderly under  the
  geriatric service 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 demonstration program.
  (a) The office  shall  establish  a  geriatric  service  demonstration
program  to provide grants, within appropriations therefor, to providers
of mental health care, CHEMICAL DEPENDENCE SERVICES, COMPULSIVE GAMBLING
SERVICES, OR ANY COMBINATION THEREOF, to the elderly,  INCLUDING  ORGAN-
IZATIONS  THAT  PROVIDE  HEALTH  AND  AGING  SERVICES  AS WELL AS MENTAL
HEALTH, CHEMICAL DEPENDENCE, AND COMPULSIVE GAMBLING 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 deter-
mine are necessary for the operation of the program.
  (b) Grants may be awarded by the office to providers of care to  older
adults  with mental disabilities, CHEMICAL DEPENDENCE, COMPULSIVE GAMBL-
ING, OR ANY COMBINATION THEREOF, for the purposes which may include  one
or more of the following:

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

                                                           LBD00506-03-4

S. 299--A                           2

  (1)  Community  integration.  Programs  which enable older adults with
mental disabilities OR OLDER ADULTS SUFFERING FROM  CHEMICAL  DEPENDENCE
OR  COMPULSIVE  GAMBLING  to age SAFELY in the community and prevent the
unnecessary use of institutional care;
  (2)  Improved  quality  of  treatment. Programs for older adults which
improve the quality  of  mental  health  care,  CHEMICAL  DEPENDENCE  OR
COMPULSIVE  GAMBLING SERVICES in the community OR IN RESIDENTIAL FACILI-
TIES;
  (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,  COMPULSIVE  GAMBLING,  health  AND  AGING
SERVICES professionals by developing alternative service roles for para-
professionals  and volunteers, including peers, and programs more effec-
tive  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 OR COMPULSIVE
GAMBLING; and
  (9) Staff training. Programs which offer on-going training initiatives
including improved clinical and cultural skills, evidence  based  geria-
tric  mental  health, CHEMICAL DEPENDENCE AND COMPULSIVE GAMBLING TREAT-
MENT 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] THE OFFICE FOR PEOPLE WITH developmental disabilities to  represent
the  office  [of  mental  retardation and] FOR PEOPLE WITH developmental
disabilities;

S. 299--A                           3

  (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;
  (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, COMPULSIVE GAMBLING, 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.

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Senate Bill S299A

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Ruben Diaz