S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2110
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04233-01-3
              

 A. 2110                             2
 
 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
 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
 A. 2110                             3
 
 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.