S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9452
 
                           I N  A S S E M B L Y
 
                              March 14, 2024
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT in relation to establishing a  statewide  person-centered  mental
   health services work group to improve statewide mental health planning
   and outcomes to achieve a person-centered, prevention-first integrated
   and tiered system of care for holistic health and wellness

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Statewide  person-centered  mental  health  services  work
 group.    1.  There  is  hereby  created  person-centered  mental health
 services work group to  examine,  evaluate,  determine,  recommend,  and
 oversee  implementation  of how to improve statewide mental health plan-
 ning and outcomes to achieve a person-centered,  prevention-first  inte-
 grated and tiered system of care for holistic health and wellness.
   2.  The  work group shall consist of twenty statewide members, four ex
 officio  members,  and  twenty-eight  regional  representative  members,
 appointed as follows:
   (a)  Statewide  members.  Statewide  members shall be appointed within
 sixty days of the effective date of this act:
   (i) three members shall be appointed by the temporary president of the
 senate, one of which must be a peer or consumer representative;
   (ii) three members shall be appointed by the speaker of the  assembly,
 one of which must be a peer or consumer representative;
   (iii)  two  members  shall  be appointed by the minority leader of the
 senate;
   (iv) two members shall be appointed by  the  minority  leader  of  the
 assembly;
   (v)  three  members  shall  be appointed by the governor, one of which
 must be a peer or consumer representative;
   (vi) three members shall be appointed by the council of  local  mental
 hygiene directors;
   (vii) two members shall be appointed by the behavioral health services
 advisory council; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14417-01-4
              

 A. 9452                             2
 
   (viii)  two  members shall be appointed by the most integrated setting
 coordinating council.
   (b)  Ex  officio members. The commissioners of the office of addiction
 services and supports, the office of mental health,  the  department  of
 health,  and  the New York city department of health and mental hygiene,
 or their designees, shall serve as ex officio members of the work group.
   (c) Regional membership and appointments. (i)  For  purposes  of  this
 act,  there  shall  be  nine  regions, consisting of the same geographic
 areas and counties as the social care networks described in the  January
 2024  New  York State Department of Health Request for Applications: New
 York Health Equity Reform: Social Care Networks:
   (1) Region 1: Capital;
   (2) Region 2: Western;
   (3) Region 3: Hudson Valley;
   (4) Region 4: New York City;
   (5) Region 5: Finger Lakes;
   (6) Region 6: Southern Tier;
   (7) Region 7: Central;
   (8) Region 8: Long Island;
   (9) Region 9: North Country.
   (ii) There shall be three members from each region,  except  New  York
 City, which shall have four.
   (iii)  Regional members shall be selected through a nominating process
 conducted by the New York alliance for rights and recovery.  A  majority
 of the candidates must have lived experience as a person who is current-
 ly or was previously in the shelter system, used or using public housing
 vouchers,  court-involved,  and/or  the  public health and mental health
 systems. The New York alliance for rights and recovery shall be  compen-
 sated  for  this  work  through a negotiated contract with the office of
 mental health.
   3. Appointments shall be made within sixty days of the effective  date
 of  this  act.  Vacancies  in the work group shall be filled in the same
 manner provided for original appointments.
   4. The work group membership shall accurately  reflect  the  race  and
 ethnicity  of  people  who use public health and mental health services.
 The minority leader of the senate and the speaker of the assembly  shall
 review  the composition of the work group following the nominating proc-
 ess and shall, if necessary, select alternative members proposed by  the
 relevant  nominating  bodies to achieve the inclusion and equity targets
 described herein.
   5. All work group members shall be required to disclose any financial,
 personal, or professional conflicts of interest related to  the  subject
 and decisions under consideration by the work group.
   6.  Participation  by  non-voting  members encourages the inclusion of
 diverse viewpoints but does not dilute the decision-making authority  of
 the  work  group  members  who  use  mental  health services. Non-voting
 members may participate in all actions afforded members but may not vote
 on any resolutions. If not otherwise selected to be a member of the work
 group, the following shall be non-voting members:
   (a) the director of recipient affairs from any local or state  govern-
 mental unit;
   (b)  representatives  of  trade  associations representing housing and
 service providers, hospital associations, and  health  insurance  compa-
 nies;
 A. 9452                             3
 
   (c) representatives of social justice and legal advocacy organizations
 with  an  established  track  record  of  public testimony and/or policy
 research related to the provision of mental health service;
   (d)  a  representative  selected  by  the  national alliance on mental
 illness of New York state; and
   (e) additional non-voting members may be added at  the  discretion  of
 the work group.
   7.  Work group members shall receive no compensation for their efforts
 and services as members for the actual and necessary  expenses  incurred
 in  the  performance  of  their  duties.  Notwithstanding the foregoing,
 however, compensation shall be provided  to  work  group  members,  both
 voting  and  non-voting,  with  lived  experiences who are not otherwise
 compensated for their  time  devoted  to  work  group  activities.  Such
 compensation shall be equivalent to the average compensation of the work
 group membership that is voted on and agreed to by the voting members of
 the  work  group.    Such  compensation shall be allocated from the work
 group operating budget. Members shall be considered public officers  for
 the purpose of section 17 of the public officers law.
   8.  A  quorum shall consist of a majority of members of the work group
 entitled to vote on the matter  under  consideration.  Approval  of  any
 matter  shall  require the affirmative vote of a majority of the members
 voting thereon. The  quorum  must  include  a  proportionate  number  of
 members  with  lived  experiences  that  is equal to or greater than the
 proportion of the work group as a whole.
   9. The work group shall be authorized to adopt by-laws for the manage-
 ment and regulation of its affairs.
   10. The statewide person-centered mental health  services  work  group
 shall develop the recommendations for:
   (a) A regional and statewide mental health planning system to:
   (i) Establish regional short and long-range strategic goals and strat-
 egies that integrate behavioral health and physical health;
   (ii) Ensure that persons with lived experiences have a leadership role
 in the development of these goals;
   (iii) Ensure adoption through a community consensus process;
   (iv) Identify measurable outcomes, accountability, and funding for the
 strategic goals; and
   (v)  Ensure  there  is  a  transparent  annual  evaluation and quality
 improvement process that is consistent across all regions.
   (b) Establishing a statewide clearinghouse of  best  practices  to  be
 posted  publicly, regularly updated, and on the office of mental health,
 the office of addiction services and supports, the department of health,
 and the New York city department of health and mental  hygiene  websites
 to  ensure  the implementation of programs that have proved effective in
 one region could be scaled up across the entire system.
   (c) Establishing an annual budgeting system to ensure regional-identi-
 fied priorities are adequately funded.
   (d) A bill, to be called the "person-centered mental  health  services
 act"  that  authorizes  the  establishment  of planning, implementation,
 funding, evaluation, and  recommendations  of  services,  supports,  and
 outcomes  for  people  who use the public behavioral health systems that
 are consistent with the recommendations of the work group.
   11. In carrying  out  its  functions,  the  work  group  shall  foster
 discussions  among,  and  conduct  formal public hearings with requisite
 public notice to solicit input from, local stakeholders'  interests.  It
 will  conduct  research  and evaluate strategic planning tools and tech-
 niques used in the public sphere that have proven  to  be  effective  in
 A. 9452                             4
 
 soliciting  and incorporating meaningful community input into comparable
 regional plans and meet the requirements described in paragraph  (a)  of
 subdivision ten of this section.
   12.  (a)  The commissioners of the office of mental health, the office
 of addiction services and supports, the department of  health,  and  the
 New  York city department of health and mental hygiene shall designate a
 sufficient number of employees of their offices as are reasonably neces-
 sary to provide support services to the statewide  work  group  and  its
 efforts. The work group may employ additional staff and consultants, who
 shall be paid from amounts available to the work group for that purpose.
   (b)  The  commissioners  of the office of mental health, the office of
 addiction services and supports, the department  of  health,  and  local
 county  health  care  agencies  shall  appoint  representatives of their
 respective offices to serve as a liaison between their offices  and  the
 work  group.  All  state agencies, public authorities and public benefit
 corporations  shall  provide  such  assistance  as  may  be   reasonably
 requested.
   13.  The  work  group's  tasks  shall  be  supported by an independent
 outside consulting firm that  possesses  the  requisite  experience  and
 expertise   in   human-centered  design,  design  thinking,  or  related
 concepts. The firm shall be selected by a  majority  vote  of  the  work
 group  from  a list of three candidates identified through a request for
 proposal process overseen by the department of health.
   14. Deliberations, meetings and other proceedings of the  work  group,
 and any committees thereof, shall be governed by article 7 of the public
 officers  law. Any one or more members of the work group may participate
 in a meeting by means of a conference  telephone,  conference  video  or
 similar  communications  equipment allowing all persons participating in
 the meeting to hear each other at the same time. Participation  by  such
 means  shall constitute presence in person at a meeting. At any meetings
 of the work group conducted by means of a conference telephone,  confer-
 ence  video  or  similar  communications equipment, other than executive
 sessions, the public shall be given an opportunity  to  listen.    If  a
 meeting other than an executive session is to be conducted by means of a
 conference  telephone, conference video or similar communications equip-
 ment, the public notice for the meeting shall  inform  the  public  that
 such  equipment  will be used and identify the means by which the public
 may listen to such meeting.
   15. (a) Upon consideration of factors identified in subdivision ten of
 this section, the work group shall develop recommendations for reform of
 the state's local  mental  health  planning  process  to  ensure  it  is
 informed by consumers and reflective of local needs.
   (b)  The  work group shall transmit a report containing these specific
 recommendations to the governor and the legislature on or before  Novem-
 ber  1,  2025.  The  report  and recommendations shall simultaneously be
 posted on the websites of the office of mental  health,  the  office  of
 addiction  services  and supports, and the department of health, as well
 as distributed to the  public  via  the  same  media  channels  used  to
 announce major program or policy changes, or procurement opportunities.
   16. The work group's annual budget is five million dollars, subject to
 an  appropriation  therefor.  In the furtherance of its duties, the work
 group shall be authorized to expend not more than  the  approved  annual
 budget  for  reasonable and standard consulting and research fees, tech-
 nology devices, travel and lodging, compensation of members eligible  as
 described  in  subdivision  seven  of  this section, and any other items
 A. 9452                             5
 
 considered essential for its work. The work group may make a request for
 additional funding to the office of mental health, as needed.
   17.  The  work  group  shall be authorized and entitled to receive any
 grants offered pursuant to section 54 of the state finance law.
   18. (a) If any clause, sentence, paragraph, subdivision,  section,  or
 part  of  this act shall be adjudged by any court of competent jurisdic-
 tion to be invalid, such judgment shall not affect, impair,  or  invali-
 date  the  remainder  thereof, but shall be confined in its operation to
 the clause, sentence, paragraph, subdivision, section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   (b) It is hereby declared to be the intent  of  the  legislature  that
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   § 2. This act shall take effect immediately.