Enacts the "communities of excellence mental health reinvestment act"; repealer

Summary of provisions

Section 1 of the bill names the act the "communities of excellence mental health reinvestment act."

Section 2 of the bill adds subdivisions 59 and 60 to section 1.03 of the mental hygiene law. Subdivision 59 clarifies the definition of "new yolk state psychiatric hospital in-patient facilities to include all state operated facilities serving adults, adolescents, and children, with serious mental illnesses, including all of the beds, wards, units, buildings and real property.

Subdivision 60 defines the services to be provided under the communities of excellence mental health reinvestment services.

Section 3 of the bill amends subdivision (a) of section 7.15 of the mental hygiene law, requiring the commissioner of mental health to include in the planning and implementation processes of the state office of mental health the "communities of excellence mental health reinvestment services" pursuant to section 4n.55 of the mental hygiene law.

Section 4 of the bill amends paragraph 2 of subdivision a) of section 41.13 of the mental hygiene law to incorporate responsibility for providing communities of excellence mental health reinvestment services, as appropriate, in areas where such services are not. already provided by the local government unit.

Section 5 of the bill repeals the existing section 41.55 of the mental hygiene law, and replaces it with a new section 41.55, which establishes the "communities of excellence mental health reinvestment services."

Section 6 of the bill adds a new paragraph 6 to section 5.07 of the mental hygiene law, which-requires the creation of an inventory and valuation of all in-patient facilities and services, and requires, in conjunction with the planning for the state's mental health regional centers of excellence, the preparation of a report to the legislature regarding the facilities, services and staffing levels to be part of the state's transition to the regional centers of excellence. This section also incorporates such planning into the states mental health section 5.07 five-year planning process into the future.

Justification

In the 2013-2014 state fiscal year budget, the state Office of Mental health has undertaken an initiative to thoroughly

revamp the state's existing psychiatric hospital system into a system of regional facilities, known as the regional centers of excellence. Although. a final number of facilities has not been determined, it is clear that the vast majority of the state's existing inpatient mental health hospitals will be consolidated and/or closed.

2013 is the 20th anniversary of the adoption of the initial, and landmark, Community Mental health Reinvestment Act. The intent of that law, which is restated and updated in this legislation, was to ensure that the funds saved by the down-sizing of the in-patient psychiatric hospital system were reinvested into community-based mental health services.

In the twenty years since the adoption of the original community mental health reinvestment act, hundreds of millions of dollars have followed individuals back into the community, as the hospitals have been closed and patient census reduced. however, hundreds of millions more have been lost to the system, through "notwithstanding" budget language, and the lack of specific definitions to capture all facets of the funding to be saved during the transition of the state's mental health system.

This legislation will require the state office of mental health to do an inventory and valuation of the existing state facilities and services, establish a plan for the transition to the mental health regional centers of excellence, and determine short-term and long term savings from the reduction of beds, wards, units, buildings and real property that are currently cart of the inpatient psychiatric hospital system for adults, adolescents and children. From those savings, 50% will be allocated to the state office of mental health for the structural and staffing needs of the new mental health regional centers of excellence; the other 50% will be directed to Local Government Units for the purpose of contracting with not-for-profit and other licensed and approved providers of community-based mental health services.

The funding will be available for a wide range of services (but not for capital expenses} focusing on the needs of children, adults and adolescents in non-governmental community-based settings and programs. Included are individuals with mental illnesses whose recovery could be impeded by co-occurring substance abuse disorders, homelessness, and/or physical disabilities.

Finally, the legislation requires that the plan for Regional Centers of Excellence and the Communities of Excellence Reinvestment Services be incorporated into the state office of mental health's section 5.07 five year planning process.

Legislative history

2013: New bill.

Fiscal implications

For 2013-14, there will be minimal cost due to the inventory and valuation, and the report to the legislature that is required. For 2014-15 and beyond, the cost of the bill will be incorporated into the budget planning process.

Effective date

This act shall take effect immediately.