What's happening
This bill limits county responsibility for paying fees for certain court-ordered mental health services to only the first 30 days.
Why it matters
Shifts long-term financial responsibility. By capping county payments for court-ordered mental health services at 30 days, the bill may shift the cost of extended treatment to the state, potentially impacting state budgets and resource allocation for mental health care.
Aims to standardize county obligations. The amendment creates a clear, uniform time limit on county financial responsibility, reducing ambiguity and possible disputes between counties and the state about payment durations.
Could affect service planning and patient care transitions. Providers and facilities may need to adjust how they manage patient transitions after the 30-day period, possibly leading to changes in discharge planning, continuity of care, and partnerships with state agencies.
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Who cares
Headline styles
Limit County Mental Health Fees
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Reported and committed to finance
- Referred to mental health and developmental disabilities
- Reported and committed to finance
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit County Hospital Fee Liability
In Assembly Committee · Ways And Means · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1912
2017-2018 Regular Sessions
IN SENATE
January 11, 2017
Introduced by Sens. RITCHIE, BONACIC, MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to fees for services rendered to patients held in state inpatient facilities pursuant to court orders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (c) of section 43.03 of the mental hygiene law, as amended by chapter 7 of the laws of 2007, is amended to read as follows:
(c) Patients receiving services while being held pursuant to order of a criminal court, other than patients committed to the department pursuant to section 330.20 of the criminal procedure law, or for examination pursuant to an order of the family court shall not be liable to the department for such services. Fees due the department for such services shall be paid by the county in which such court is located [except that counties] for up to and including only the first thirty days of services. Counties shall not be responsible for the cost of services rendered patients committed to the department pursuant to section 330.20 of the criminal procedure law or patients committed to the department pursuant to article ten of this chapter.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07438-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to fees for services rendered to 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 DMH 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 2015-2016: S.2465/A.5846
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.