Provides an exemption from workers' compensation coverage under certain circumstances

BILL NUMBER:S852

Title of bill

An act to amend the mental hygiene law, in relation to establishing the division of minority mental health within the office of mental health, and providing for its powers and duties

Purpose

The purpose of this bill is to evaluate and improve the current mental health service delivery model for ethnic and minority populations in New York State.

Summary of provisions

Section 1 sets forth the legislative intent.

Section 2 provides the short title of this act, "The Minority Mental Health Act."

Section 3 adds a new Article 8 to the Mental Hygiene Law titled "Divi- sion of Minority Mental Health." This section establishes a new Division of Minority Mental Health within the Office of Mental Health (OMH) for the purpose of addressing a broad spectrum of mental health care issues specifically focused on the needs of racial and ethnic minority popu- lations in New York State. Additionally, the bill establishes a Minority Mental Health Council within the newly created Division of Minority Health to assist the Commissioner of OMH with minority mental health issues, and to conduct a study on the mental health needs of racial and ethnic minorities. In such study, the Council is required to examine the availability and effectiveness of current programs, examine an array of issues impacting service delivery to minority populations, and to provide recommendations to address the identified unmet needs. The Coun- cil is further required to :report its findings to the Governor and the Legislature within 18 months of the effective date of this legislation.

Section 4 provides that this bill would take effect April 1 following enactment.

Justification

New York State's population reflects a diversity of cultures and ethnic- ities. According to t.he 2000 Census, minority populations constitute approximately 32% of the State's population and 62% of New York City's population. Consistent with these figures is the stark reality that there is a lack of available and adequate mental health services in languages other than English, and that there are high rates of under-u- tilization of available mental health services by minority populations. The fundamental need to address this disparity was recognized in the President's New Freedom Commission on Mental Health. In the 2002 report, the Commission acknowledged that "the mental health system has not kept pace with the diverse needs of racial and ethnic minorities, often under serving or inappropriately serving them. Specifically, the system has neglected to incorporate respect or understanding of the histories,

traditions, beliefs, languages, and value systems of culturally diverse groups. Misunderstanding and misinterpreting behaviors have led to trag- ic consequences, including inappropriately placing minorities in the criminal and juvenile justice systems." New York State must take a proactive role in removing the numerous barriers existent in the current mental health system. This legislation would provide a bold foundation for improving access, quality and the outcomes of mental health services provided to the culturally diverse populations across the State.

Legislative history

2011-12: S.3063 - Died in Mental Health Same as S.5575 of 2008 Reported to Finance. A.3732 Passed Assembly. Same as S.4938 of 2009 Veto #49. S.7023/A.9833 of 2010 Passed Senate

Fiscal implications

To be determined.

Effective date

This bill will take effect April 1 next succeeding the date of enact- ment.