NY State Senate Bill 2019-S3199

Senate Bill S3199

2019-2020 Legislative Session

Establishes the child psychiatry access project within the office of mental health; establishes a gift for such purpose on personal income tax forms

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to mental health and developmental disabilities
Feb 04, 2019	referred to mental health and developmental disabilities

co-Sponsors

2019-S3199 (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §7.42, Ment Hyg L; add §628-a, Tax L; add §89-j, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S187
2011-2012: S3434
2013-2014: S3202
2015-2016: S2639
2017-2018: S2220
2021-2022: S3033
2023-2024: S7966

2019-S3199 (ACTIVE) - Summary

Establishes the child psychiatry access project; provides that the office of mental hygiene shall establish regional child psychiatry access projects across the state to provide primary care providers with timely access to child psychiatry consultations in order to assist such primary care providers in meeting the mental health needs of the children and adolescents and their families; establishes a gift for the child psychiatry access project on state personal income tax forms, the proceeds from which shall be deposited into a child psychiatry access fund for the funding of such projects.

2019-S3199 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3199

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to establishing the
child psychiatry access project; to amend the tax law, in relation to
establishing a gift for the child psychiatry access project; and to
amend the state finance law, in relation to establishing the child
psychiatry access fund

 
PURPOSE:

This legislation would enhance access to mental health services for
children and adolescents by creating regional teams specializing in
behavioral health to consult with and provide support to primary care
providers caring for children and families dealing with mental health
issues.

 
SUMMARY OF PROVISIONS:

Sections one of the bill creates a new section 7.42 of the mental
hygiene law directing the office of mental health, within amounts appro-
priated therefore, to establish regional child psychiatry access
projects across the state designed to provide primary care providers
with timely access to child psychiatry consultations regarding the chil-
dren and adolescents they treat. The teams would consist of a child
psychiatrist and appropriate support staff who would support primary
health care providers in their region regardless of the patient's insur-
ance status. The teams would answer questions, provide consultations,
make referrals and in some cases provide transitional support, to the
child and family until the family can access local behavioral health
services. They may also provide educational and advocacy services to
providers and the mental health community.

Section two of the bill adds a new Section 628-a to the Tax Law to
provide for a tax check off for contributions to the child psychiatry
access fund to be included on personal income tax returns beginning in
tax year 2010.

Section three of the bill adds a new section 89-i to establish a child
psychiatry access fund and direct funds to be made available to the
Office of Mental Health to establish child psychiatry projects.

Section four provides for an effective date on the 90th day after it
shall have become law.

 
JUSTIFICATION:

According to the U.S. Surgeon General, about 20% of American children
suffer from a diagnosable mental illness during a given year.  Further,
nearly 5 million American children and adolescents suffer from a serious
mental illness (one that significantly interferes with their day-to-day
life). Indications are that these numbers have not changed much over the
last decade and, unfortunately, the vast majority of these children
receive little or no treatment.  Because of the inadequate numbers of
child psychiatrists, primary care practitioners for children and adoles-
cents arc often the ones who care for young people with behavioral and
emotional problems.  Providing primary care providers and families with
timely access to expert guidance is essential in helping to make
informed decisions about psycho-pharmacology and other treatments. This
bill aims to provide that resource through regional child psychiatry
access teams.

The bill will address the problems of access, inappropriate medication,
and insurance barriers by establishing regional teams specialized in
child and adolescent behavioral health who will be available to primary
care practitioners to consult, answer questions and provide support and
referrals for their Patients. It is a model that began in Massachusetts
in 2004-05 and has proven very successful. In Massachusetts there are
six regional teams covering the entire state who are able to respond to
the primary care providers in their region, at no cost to the provider
or patient, within about 30 minutes of a call. The program is not meant
to replace emergency services or ongoing behavioral health care, This
bill will provide support and information to primary care providers and
timely access to mental health services for children and adolescents.
With such legislation, "too little, too late," could become a
description of the past for the children of New York State.

 
LEGISLATIVE HISTORY:

2017-18: S2220 -REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
2015-16: S.2639A - Amend and Recommit to mental health and developmental
disabilities
2013-14: S.3202 - Referred to mental health and developmental disabili-
ties
2011-12: S.3434 - Referred to mental health and developmental disabili-
ties
2009-10: S.187A/A.4577B - Held in Finance, Passed Assembly
2007-08: S.7033A - Veto 0122

 
FISCAL IMPLICATIONS:

Self supporting as the bill establishes a tax check off to allow state
income tax filers to donate to the child psychiatry access project fund.

 
EFFECTIVE DATE:
90 days after enactment.

2019-S3199 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3199
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by  Sens. PARKER, RITCHIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Mental Health and
   Developmental Disabilities
 
 AN ACT to amend the mental hygiene law, in relation to establishing  the
   child  psychiatry access project; to amend the tax law, in relation to
   establishing a gift for the child psychiatry access  project;  and  to
   amend  the  state  finance  law, in relation to establishing the child
   psychiatry access fund
 
   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
 7.42 to read as follows:
 § 7.42 CHILD PSYCHIATRY ACCESS PROJECT.
   (A) THE OFFICE SHALL, WITHIN AMOUNTS APPROPRIATED THEREFOR,  ESTABLISH
 OR  MAY  CONTRACT  FOR  THE  ESTABLISHMENT  OF REGIONAL CHILD PSYCHIATRY
 ACCESS PROJECTS ACROSS THE STATE TO PROVIDE PRIMARY CARE PROVIDERS  WITH
 TIMELY  ACCESS TO CHILD PSYCHIATRY CONSULTATIONS IN ORDER TO ASSIST SUCH
 PRIMARY CARE PROVIDERS IN MEETING THE MENTAL HEALTH NEEDS OF  THE  CHIL-
 DREN AND ADOLESCENTS AND THEIR FAMILIES.
   (B)  REGIONAL  TEAMS SHALL CONSIST OF A CHILD PSYCHIATRIST WITH APPRO-
 PRIATE SUPPORT STAFF, AND BE ESTABLISHED TO  PROVIDE  CHILD  PSYCHIATRIC
 TELEPHONE  CONSULTATIONS TO PRIMARY CARE PROVIDERS WITHIN THE DESIGNATED
 REGION RESULTING IN ONE OF THE FOLLOWING, DEPENDING UPON  THE  NEEDS  OF
 THE CHILD PATIENT AND/OR FAMILY:
   1.  RESPONDING  TO THE PRIMARY CARE PHYSICIAN'S PATIENT SPECIFIC QUES-
 TIONS ABOUT BEHAVIORAL HEALTH;
   2. ASSISTING THE FAMILY IN ACCESSING ROUTINE, LOCAL BEHAVIORAL  HEALTH
 SERVICES, WITH THE UNDERSTANDING THERE MAY BE A WAITING PERIOD;
   3.  PROVIDING  TRANSITIONAL  SUPPORT  TO  THE CHILD PATIENT AND FAMILY
 UNTIL THE FAMILY CAN ACCESS ROUTINE, LOCAL BEHAVIORAL HEALTH SERVICES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08341-01-9

 S. 3199                             2
 
   4. MAKING REFERRAL TO A TEAM CHILD PSYCHIATRIST FOR AN  ACUTE  PSYCHO-
 PHARMACOLOGIC OR DIAGNOSTIC CONSULTATION.
   (C)  REGIONAL  TEAMS MAY ALSO PROVIDE MENTAL HEALTH RESOURCE SERVICES,
 EDUCATIONAL SERVICES, MENTAL HEALTH ADVOCACY AND OTHER RELATED  SERVICES
 TO THE PROVIDER AND MENTAL HEALTH COMMUNITY.
   (D) CHILD PSYCHIATRY ACCESS SERVICES PROVIDED UNDER THIS SECTION SHALL
 NOT  DISCRIMINATE AGAINST CHILDREN AND FAMILIES, BASED UPON THEIR INSUR-
 ANCE STATUS, WHEN SUCH SERVICES ARE ACCESSED THROUGH THEIR PRIMARY  CARE
 PROVIDER PRACTICING IN THE REGION.
   §  2.  The tax law is amended by adding a new section 628-a to read as
 follows:
   § 628-A. GIFT FOR THE CHILD PSYCHIATRY ACCESS PROJECT.  EFFECTIVE  FOR
 ANY  TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY,
 AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO  THE  CHILD
 PSYCHIATRY  ACCESS  FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR
 AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY  SUCH  INDI-
 VIDUAL.  THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX
 RETURN FORM TO ENABLE A TAXPAYER TO MAKE SUCH  CONTRIBUTION.    NOTWITH-
 STANDING  ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO
 THIS SECTION SHALL BE PAID TO THE CHILD PSYCHIATRY  ACCESS  FUND  ESTAB-
 LISHED  PURSUANT  TO  AND  USED  ONLY  FOR  THOSE PURPOSES ENUMERATED IN
 SECTION EIGHTY-NINE-J OF THE STATE FINANCE LAW.
   § 3. The state finance law is amended by adding a new section 89-j  to
 read as follows:
    §  89-J.  CHILD PSYCHIATRY ACCESS FUND. 1. A SPECIAL FUND TO BE KNOWN
 AS THE "CHILD PSYCHIATRY ACCESS FUND" IS HEREBY ESTABLISHED IN THE JOINT
 CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER  OF  TAXATION  AND
 FINANCE.
   2.  THE  FUND  SHALL  CONSIST  OF  ALL MONEYS TRANSFERRED TO SUCH FUND
 PURSUANT TO LAW, ALL MONEYS REQUIRED BY ANY PROVISION OF LAW TO BE  PAID
 INTO  OR CREDITED TO THE FUND, ALL MONEYS FROM GIFTS PURSUANT TO SECTION
 SIX HUNDRED TWENTY-EIGHT-A OF THE TAX  LAW  AND  ANY  INTEREST  EARNINGS
 WHICH  MAY  ACCRUE  FROM  THE  INVESTMENT OF MONEYS IN THE FUND. NOTHING
 CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
 GIFTS OR BEQUESTS FOR THE PURPOSES  OF  THE  FUND  AS  DEFINED  IN  THIS
 SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  MONEYS OF THE FUND, WHEN ALLOCATED, SHALL BE MADE AVAILABLE TO THE
 OFFICE OF MENTAL HEALTH SOLELY FOR THE  PURPOSE  OF  ESTABLISHING  CHILD
 PSYCHIATRY PROJECTS PURSUANT TO SECTION 7.42 OF THE MENTAL HYGIENE LAW.
   4.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF MENTAL HEALTH.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S3199

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Sponsored By

Kevin S. Parker