What's happening
This bill makes free-standing mental health clinics eligible for certain state payments, regardless of federal funding participation.
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Fund Mental Health Clinics
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
No co-sponsors yet.
History
- Referred to health
- Referred to health
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.
Fund Mental Health Clinics
In Assembly Committee · Health · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
694
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to funding for freestanding mental health clinics
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 10 of section 2807-p of the public health law, as added by section 103 of part C of chapter 58 of the laws of 2009, is amended to read as follows:
10. (a) Notwithstanding any inconsistent provision of this section or any other contrary provision of law, the commissioner is authorized to seek a waiver from the federal department of health and human services pursuant to section eleven hundred fifteen of the federal social security act, or such other federal law provision as may be deemed appropriate, seeking federal financial participation in payments made pursuant to this section, in which case the state funding made available pursuant to this section shall be utilized as the non-federal share of such payments. To the extent as may be required, payments made pursuant to this section and in accordance with this subdivision, may be deemed to be disproportionate share hospital payments in accordance with the provisions of the federal social security act.
(b) [If federal financial participation in payments made pursuant to this section are made available in accordance with the provisions of this subdivision, free-standing] Free-standing clinics licensed solely pursuant to article thirty-one of the mental hygiene law shall also be deemed eligible for participation in such payments to the same degree and in accordance with the same distribution methodology otherwise provided in this section, provided, however, that only those units of service provided by such free-standing clinics that constitute medical services that are otherwise eligible for consideration for Medicaid payments shall be reflected in distributions made pursuant to this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04760-01-7
S. 694 2
section, and further provided, however, that the commissioner may, in consultation with the commissioner of the office of mental health, require such clinics, as a condition of receiving such distributions, to provide reports and data to the department as the commissioner deems necessary to adequately implement the provisions of this subdivision with regard to such clinics.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to funding for free-standing mental health clinics
Purpose or general idea of bill
To remove the requirement that Article 31 Mental Health Clinics receive Federal funding, in order to be eligible for State funding.
Summary of specific provisions
Section 1 amends 2807-p of the public health law to remove the requirement that article 31 mental health clinics must meet federal participation in order to receive state funding.
Section 2 is the effective date.
Justification
The Bill would amend section 2807-p of the public health law to remove the requirement, unique to article 31 mental health clinics, that federal participation must be provided for such clinics to be paid state funding owed to them for uncompensated care rendered.
Under a formula developed in 2010, the State's Mental Health Clinics including those that are run by community organizations and counties were included in the state uncompensated care pool to help offset the cost and losses from indigent mental health services. Payment of state funding for such mental health clinics is contingent upon federal participation. This is a unique and unfair requirement placed only on mental health clinics and not applied to any of the other clinics which receive funding from the pool. Recently, the application for federal funding was allowed to lapse resulting in mental health clinics receiving neither their state or federal funding for services rendered in 2013 and 2014. This has resulted in significant funding shortfalls for these community mental health providers which are already struggling. It places their ability to continue to provide essential services in jeopardy.
This is a serious inequity in the law which must be corrected. This legislation would remove the requirement that only applies for Article 31 clinics that federal participation must be in place in order for state funds under the indigent care pool to be provided to these clinics. The enactment of this legislation would Mean that all clinics would be treated equally under the state's uncompensated care pool regardless of whether the clinics provide health care or mental health services.
Prior legislative history
S. 7663/A. 10498; Passed Senate in 2016
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.