S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9790
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law and the public health law, in relation
   to  the  ability  for school districts to implement telehealth school-
   based mental health clinics;  to  amend  the  state  finance  law,  in
   relation  to  the student mental telehealth reimbursement fund; and to
   amend the racing, pari-mutuel wagering and breeding law,  in  relation
   to funding the student mental telehealth reimbursement fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (i) of  paragraph  (j)  of  subdivision  1  of
 section  414 of the education law, as amended by chapter 672 of the laws
 of 2019, is amended to read as follows:
   (i) For the purposes of this subdivision, the term  "licensed  school-
 based  health,  dental  or  mental health clinic" means a clinic that is
 located in a school facility of a school district or  board  of  cooper-
 ative  educational  services,  is  operated  by an entity other than the
 school district or board of cooperative educational  services  and  will
 provide  health,  dental  or  mental health services during school hours
 and/or non-school hours to school-age and preschool children,  and  that
 is:  (1)  a  health  clinic approved under the provisions of chapter one
 hundred ninety-eight of the laws of nineteen hundred  seventy-eight;  or
 (2) another school-based health or dental clinic licensed by the depart-
 ment  of  health  pursuant  to article twenty-eight of the public health
 law; or (3) a school-based mental health clinic licensed or approved  by
 the office of mental health pursuant to article thirty-one of the mental
 hygiene  law; or (4) a school-based mental health clinic licensed by the
 office for people with developmental disabilities  pursuant  to  article
 sixteen  of  the mental hygiene law; OR (5) A SCHOOL-BASED MENTAL HEALTH
 CLINIC LICENSED PURSUANT TO THE SECTIONS ABOVE THAT OPERATES AS A  TELE-
 HEALTH  CLINIC  AS DEFINED PURSUANT TO SECTION TWENTY-NINE HUNDRED NINE-
 TY-NINE-CC OF THE PUBLIC HEALTH LAW.
   § 2. Section 2999-dd of the public health law is amended by  adding  a
 new subdivision 3-a to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10190-03-4
 A. 9790                             2
 
   3-A.  THE  COMMISSIONER OF EDUCATION, IN CONSULTATION WITH THE COMMIS-
 SIONER, THE COMMISSIONER OF MENTAL HEALTH, AND THE COMMISSIONER  OF  THE
 OFFICE OF PERSONS WITH DEVELOPMENTAL DISABILITIES, SHALL DEVELOP MINIMUM
 QUALIFICATIONS  FOR  SCHOOL DISTRICTS TO OPERATE TELEHEALTH SCHOOL-BASED
 MENTAL HEALTH CLINICS. SUCH QUALIFICATIONS SHALL BE CONSISTENT WITH BEST
 PRACTICES  PURSUANT  TO  SCHOOL-BASED MENTAL HEALTH CLINICS AS CURRENTLY
 OPERATED UNDER EXISTING LAW.
   § 3. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   § 99-RR. STUDENT MENTAL TELEHEALTH REIMBURSEMENT  FUND.  1.  THERE  IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER  OF  TAXATION AND FINANCE A FUND TO BE KNOWN AS THE STUDENT
 MENTAL TELEHEALTH REIMBURSEMENT FUND.
   2. SUCH FUND SHALL CONSIST  OF  ALL  REVENUES  GENERATED  PURSUANT  TO
 SUBDIVISION EIGHT OF SECTION THIRTEEN HUNDRED SIXTY-SEVEN OF THE RACING,
 PARI-MUTUEL  WAGERING  AND BREEDING LAW AND ALL OTHER MONEYS CREDITED OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3. MONEYS OF THE FUND,  FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE
 SHALL  BE  MADE  AVAILABLE  TO  THE  STATE  EDUCATION DEPARTMENT FOR THE
 PURPOSES OF PROVIDING REIMBURSEMENT TO SCHOOL DISTRICTS FOR THE COSTS OF
 ESTABLISHING AND MAINTAINING SCHOOL-BASED  MENTAL  HEALTH  CLINICS  THAT
 OPERATE  AS  TELEHEALTH  CLINICS PURSUANT TO CLAUSE FIVE OF SUBPARAGRAPH
 (I) OF PARAGRAPH (J) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED FOURTEEN
 OF THE EDUCATION LAW. COSTS ELIGIBLE FOR REIMBURSEMENT SHALL INCLUDE BUT
 NOT BE LIMITED TO: CONTRACT COSTS AND FEES  ASSOCIATED  WITH  AGREEMENTS
 WITH  TELEHEALTH PROVIDERS; COSTS OF SERVICES REMITTED TO PROVIDERS ON A
 CASE-BY-CASE BASIS; COSTS  ASSOCIATED  WITH  ACQUIRING  AND  MAINTAINING
 TECHNOLOGICAL   EQUIPMENT   NECESSARY  FOR  TELEHEALTH  SERVICES  TO  BE
 RENDERED; AND COSTS ASSOCIATED WITH ESTABLISHING PHYSICAL  SPACE  NECES-
 SARY FOR TELEHEALTH SERVICES TO BE RENDERED.
   § 4. Subdivision 8 of section 1367 of the racing, pari-mutuel wagering
 and  breeding  law, as added by section 3 of part Y of chapter 59 of the
 laws of 2021, is amended to read as follows:
   8. Notwithstanding section thirteen hundred fifty-one of this article,
 mobile sports wagering gross gaming revenue and  tax  revenue  shall  be
 excluded  from  sports  wagering  gross  gaming revenue and tax revenue.
 Mobile sports wagering tax revenue shall be  separately  maintained  and
 returned to the state for deposit into the state lottery fund for educa-
 tion  aid except as otherwise provided in this subdivision. Any interest
 and penalties imposed by the commission relating  to  those  taxes,  all
 penalties  levied  and  collected by the commission, and the appropriate
 funds, cash or prizes forfeited from sports wagering shall be  deposited
 into  the  state lottery fund for education. In the first fiscal year in
 which mobile sports wagering licensees commence  operations  and  accept
 mobile  sports wagers pursuant to this section, the commission shall pay
 into the commercial gaming fund one percent of the state tax imposed  on
 mobile  sports  wagering  by  this section to be distributed for problem
 gambling education and treatment purposes pursuant  to  paragraph  a  of
 subdivision  four of section ninety-seven-nnnn of the state finance law;
 provided however, that such amount shall be equal to six million dollars
 for each fiscal year thereafter. In  the  first  fiscal  year  in  which
 mobile  sports  wagering licensees commence operations and accept mobile
 sports wagers pursuant to this section, the  commission  shall  pay  one
 percent  of  the  state  tax  imposed  on mobile sports wagering by this
 section to the general fund, a program to be administered by the  office
 of  children and family services for a statewide youth sports activities
 A. 9790                             3
 
 and education grant program for the purpose of providing  annual  awards
 to  sports  programs  for  underserved  youth  under the age of eighteen
 years; provided however, that such amount shall be equal to five million
 dollars for each fiscal year thereafter. The commission shall require at
 least  monthly  deposits by a platform provider of any payments pursuant
 to subdivision seven of this section, at such times, under  such  condi-
 tions,  and  in  such  depositories  as shall be prescribed by the state
 comptroller. The deposits shall be deposited to the credit of the  state
 commercial  gaming  revenue fund. The commission shall require a monthly
 report and reconciliation statement to be filed with it on or before the
 tenth day of each month, with respect to  gross  revenues  and  deposits
 received  and  made,  respectively,  during the preceding month. IN EACH
 FISCAL YEAR IN WHICH MOBILE SPORTS LICENSEES OPERATE AND  ACCEPT  MOBILE
 SPORTS  WAGERS  PURSUANT  TO  THIS SUBDIVISION, THE COMMISSION SHALL PAY
 FIVE PERCENT OF THE STATE TAX IMPOSED ON MOBILE SPORTS WAGERING BY  THIS
 SECTION  TO THE STUDENT MENTAL TELEHEALTH REIMBURSEMENT FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-RR OF THE  STATE  FINANCE  LAW  FOR  THE
 PURPOSE  OF  PROVIDING  ANNUAL  AWARDS TO SCHOOL DISTRICTS ADMINISTERING
 SCHOOL-BASED MENTAL HEALTH TELEHEALTH SERVICES.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.