S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9982
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Mental Health
 
 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:
 § 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
 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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09200-01-1
 A. 9982                             2
 
 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 THE EFFECTIVE DATE OF
 THIS SECTION, 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
 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.
   § 2. This act shall take effect immediately.