What's happening
This bill allows waivers of certain regulations to improve collaboration between mental health and home care providers, except those affecting patient safety.
Why it matters
Expands flexibility for mental health and home care providers. by allowing state agencies to waive certain administrative rules, which could reduce red tape and make it easier for these providers to work together on patient care.
Targets practical barriers to collaboration. , such as rules about Medicaid reimbursement, care coordination, and training requirements, potentially leading to more integrated and efficient services for older adults who need both mental health and home care support.
Maintains a strong focus on patient safety. by explicitly prohibiting waivers of regulations that affect patient safety, ensuring that efforts to streamline collaboration do not compromise the well-being of vulnerable patients.
Could lead to innovative care models. for geriatric populations by encouraging pilot programs or demonstration projects that test new ways of delivering coordinated mental and physical health care at home, ultimately shaping best practices for the future.
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Who cares
Headline styles
Ease Senior Mental Health Care
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to mental health
- Referred to mental health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
997
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. BROUK, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to the geriatric service demonstration program to promote mental health and home care collaboration
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (c) of section 7.41 of the mental hygiene law, as amended by chapter 328 of the laws of 2019, is amended to read as follows:
(c) The commissioner may adopt rules and regulations necessary to implement the provisions of this section; provided however that the commissioner and the commissioner of health shall be authorized to waive rules and regulations of the office, and of the department of health, respectively, to address barriers to collaboration by mental health providers and providers of home care services under subdivision (a) of this section, including barriers related to medical assistance reimbursement, service procedures, care coordination and direct care worker training applicable to such providers; provided further, that regulations pertaining to patient safety may not be waived, nor shall any regulations be waived if such waiver would risk patient safety.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01943-01-5
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 the geriatric service demonstration program to promote mental health and home care collaboration
Purpose
Authorizes the commissioner of the office of mental health and the commissioner of health to waive rules and regulations of the office, and of the department of health, respectively, to address barriers to collaboration by mental health providers and providers of home care services within the Geriatric Service Demonstration Program for the purpose of coordination, integration and improved access of health and mental health services for individuals with co-occurring mental health and physical health needs. The barriers to collaboration addressed with- in this legislation include: barriers related to Medical Assistance reimbursement, service procedures, care coordination and dire care work- er training applicable to such providers.
Summary of specific provisions
Section 1 adds a new subdivision (c) to section 7.41 of the Mental Hygiene Law (the Geriatric Services Demonstration Program) to authorize the Commissioner of the Office of Mental Health and Department of Health to waive rules and regulations to address barriers to collaboration between mental health providers and providers of home care services under the Geriatric Demonstration Program.
Section 2 of the bill provides for an immediate effective date.
Justification
This legislation adds an amendment to legislation unanimously passed and signed by the Governor in October 2018 (chapter 305), that seeks to promote collaboration by mental health and home health providers for the total physical-mental health care of individuals in the community.
This bill, enables the Commissioners of Mental Health and Health to further facilitate the goals of the chapter by addressing regulatory, financial and systemic barriers to collaboration with mental health providers and home care providers.
The targeted barriers, mentioned above, were identified through ongoing discussions between the New York State Office of Mental Health and the Home Care Association of New York State (HCA) to promote integrated care at the service delivery level. These barriers were also presented to and discussed at meetings of the state Geriatric Mental Health Council meet- ings in 2018 and 2019.
The framework for the mental health-home health collaboration is with the Geriatric Mental Health Demonstration Program that added home health in the 2018 Chapter.
This bill will help address major barriers to the program's and the 2018 Chapter's goal of providing comprehensive, person-centered care within a collaborative model, that supports the total range of patient needs required to maintain quality community life avert exacerbations, emer- gencies, hospitalizations and potential long term institutionalization. Particularly, as individuals in the mental health community age, their physical health needs become of equal or ever greater consequence to their health and care management.
Addressing these financial, procedural and systemic barriers to effec- tive collaboration within the Geriatric Service Demonstration Program will assist in deepening the collaborative partnerships between mental health providers and providers of home care and help better serve patients across the care continuum.
Legislative history
2021: S4534 Committed to Rules.
2022: S4534 Referred to Mental Health.
2023-24: S5516A Passed Senate.
Fiscal implications
No cost to the state or localities. Anticipate savings to the state from further promotion of the collaborative health-mental health effort and specific goals of maintaining health and averting hospitalizations, emergency episodes and long-term institutionalization.
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.