Relates to fees for services rendered patients in state inpatient facilities pursuant to court orders

2 Co-sponsors

• John J. Bonacic
• Kathleen A. Marchione

BILL NUMBER:S2465

Title of bill

An act to amend the mental hygiene law, in relation to fees for services rendered patients held in state inpatient facilities pursuant to court orders

Purpose or general idea of bill

To relieve counties of fiscal responsibility for services rendered to patients held in state inpatient facilities pursuant to court order in excess of thirty days.

Summary of specific provisions

Section 1 amends subdivision (c) of section 43.03 of the mental hygiene law by placing a 30 day limit on the fiscal responsibility of county governments for Department of Mental Health (DMH) services to certain persons being held pursuant to the order of a criminal court.

Section 2 is the effective date.

Existing law

Currently, Section 43.03 (c) of the Mental Hygiene Law provides that persons receiving mental hygiene services while being held pursuant to the order of a criminal court shall not be liable to DMH for such services. Fees due to DMH for such services shall be paid by the county in which the court is located. Counties are not responsible, however, for services to persons committed to DMH pursuant to Section 330.20 of the Criminal Procedure Law or for examination pursuant to an order of the Family Court.

Justification

Court ordered confinement for a mental health examination does not exceed 30 days except upon application of the Commissioner of Mental Health. When this occurs the court may authorize confinement for an additional period, not exceeding 30 days, if it is satisfied that a longer period is necessary to complete the examination. Except in certain rare cases, the majority of court ordered confinements for examination are, in fact, completed within 33 days. Those exceptions usually result in a determination that the individual being examined is unfit to proceed to trial and may as in the case of a murder charge spend the rest of his or her life in a DMH facility at local government expense.

At a time when local governments are already overburdened by State mandates it is clearly inappropriate to charge them for services in excess of 30 days over which they have no control. This is especially true in cases where the individual being examined would, under other ordinary circumstances, be committed to a DWI facility on an involuntary basis as harmful to self or others at no cost to the local government. For these reasons this bill must be enacted into law.

Prior legislative history

2011-2012: S.3883/A.6147;

2013-2014: S.6226/A.3883

Fiscal implications for state and local governments

Estimated $11 million to $12 million cost to the state annually.

Effective date

This act would take effect on the first of January after it has become a law.