2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
        Introduced  by  M. of A. DINOWITZ, JAFFEE -- Multi-Sponsored by -- M. of
          A. PERRY -- read once and  referred  to  the  Committee  on  Aging  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the mental hygiene law and chapter 568 of  the  laws  of
          2005,  amending the mental hygiene law relating to enacting the geria-
          tric mental health act, in relation to mental health  care,  substance
          use  disorder  and  compulsive gambling services for the elderly under
          the geriatric service demonstration program
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 7.41 of the mental hygiene law, as added by chapter
     2  568  of  the  laws of 2005, subdivision (a) as amended by chapter 305 of
     3  the laws of 2018, is amended to read as follows:
     4  § 7.41 Geriatric service demonstration program.
     5    (a) The office  shall  establish  a  geriatric  service  demonstration
     6  program  to provide grants, within appropriations therefor, to providers
     7  of mental health  care,  substance  use  disorder  services,  compulsive
     8  gambling services, or any combination thereof, to the elderly, including
     9  organizations  that  provide health and aging services as well as mental
    10  health, substance use disorder, and compulsive  gambling  organizations.
    11  The  office  is  also  authorized,  under  the demonstration program, to
    12  foster and support collaboration between providers of home care services
    13  licensed or certified under article thirty-six of the public health  law
    14  and  mental  health  providers  for the integration of health and mental
    15  health care, and for all other enumerated goals of  this  section.  Such
    16  program  shall  be  administered  by  the office in cooperation with the
    17  office of alcoholism and substance abuse services, the state office  for
    18  the aging and such other state agencies as the commissioner shall deter-
    19  mine are necessary for the operation of the program.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

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     1    (b)  Grants may be awarded by the office to providers of care to older
     2  adults with mental  disabilities,  substance  use  disorder,  compulsive
     3  gambling, or any combination thereof, for the purposes which may include
     4  one or more of the following:
     5    (1)  Community  integration.  Programs  which enable older adults with
     6  mental disabilities or older adults suffering from substance use  disor-
     7  der  or  compulsive  gambling to age safely in the community and prevent
     8  the unnecessary use of institutional care;
     9    (2) Improved quality of treatment. Programs  for  older  adults  which
    10  improve  the  quality  of  mental health care, substance use disorder or
    11  compulsive gambling services in the community or in residential  facili-
    12  ties;
    13    (3)  Integration  of  services. Programs which integrate mental health
    14  and  aging  services  with  alcohol,  drug,  health  and  other  support
    15  services;
    16    (4) Workforce. Programs which make more efficient use of mental health
    17  [and],  substance  use  disorder,  compulsive gambling, health and aging
    18  services professionals by developing alternative service roles for para-
    19  professionals and volunteers, including peers, and programs more  effec-
    20  tive   in  recruitment  and  retention  of  bi-lingual,  bi-cultural  or
    21  culturally competent staff;
    22    (5) Family support. Programs which provide support for family caregiv-
    23  ers, to include the provision of care to older adults by younger  family
    24  members and by older adults to younger family members;
    25    (6)  Finance. Programs which have developed and implemented innovative
    26  financing methodologies to support the delivery of best practices;
    27    (7) Specialized populations. Programs which  concentrate  on  outreach
    28  to,  engagement  of  and  effective  treatment of cultural minorities or
    29  veterans as defined in section eighty-five of the civil service law;
    30    (8) Information clearinghouse. Programs which compile, distribute  and
    31  make available information on clinical developments, program innovations
    32  and  policy  developments  which  improve  the care to older adults with
    33  mental disabilities or suffering from substance use disorder or  compul-
    34  sive gambling; and
    35    (9) Staff training. Programs which offer on-going training initiatives
    36  including  improved  clinical and cultural skills, evidence based geria-
    37  tric mental health,  substance  use  disorder  and  compulsive  gambling
    38  treatment  skills,  and  the  identification  and  management of mental,
    39  behavioral and substance abuse disorders among older adults.
    40    (c) The commissioner may adopt  rules  and  regulations  necessary  to
    41  implement the provisions of this section.
    42    § 2. Section 3 of chapter 568 of the laws of 2005, amending the mental
    43  hygiene  law  relating  to  enacting the geriatric mental health act, as
    44  amended by chapter 203 of the laws  of  2008,  is  amended  to  read  as
    45  follows:
    46    § 3. Interagency geriatric mental health and chemical dependence plan-
    47  ning  council.  (a)  There shall be established an interagency geriatric
    48  mental health and [chemical dependence] substance use disorder  planning
    49  council.  Such council shall consist of nineteen members, as follows:
    50    (1)  the commissioner of mental health, the commissioner of alcoholism
    51  and substance abuse services, the director of the division of  veterans'
    52  affairs  and  the  director of the state office for the aging, who shall
    53  serve as the co-chairs of the council. The adjutant general shall  serve
    54  as an ex-officio member of the council;
    55    (2)  one  member  appointed by the commissioner of [mental retardation
    56  and] the office for people with developmental disabilities to  represent

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     1  the  office  [of  mental  retardation and] for people with developmental
     2  disabilities;
     3    (3)  one  member  appointed by the chairman of the state commission on
     4  quality of care and advocacy for persons with disabilities to  represent
     5  such commission;
     6    (4)  one  member  appointed by the commissioner of health to represent
     7  the department of health;
     8    (5) one member appointed by the commissioner of education to represent
     9  the education department and the board of regents;
    10    (6) one member appointed by the commissioner of  children  and  family
    11  services  to  represent  the  office  of children and family services on
    12  issues relating to adult protective services;
    13    (7) one member appointed by the commissioner of temporary and disabil-
    14  ity assistance to represent  the  office  of  temporary  and  disability
    15  assistance;
    16    (8) four members appointed by the governor; and
    17    (9) two members appointed by the temporary president of the senate and
    18  two  members  appointed  by the speaker of the assembly to represent any
    19  other organizations  which  serve  or  advocate  on  behalf  of  elderly
    20  persons.
    21    (b)  The  members  of the council shall serve at the pleasure of their
    22  appointing authority.
    23    (c) The council shall meet as often as necessary, but  not  less  than
    24  four  times  per calendar year, to develop annual recommendations, to be
    25  submitted to the commissioner of  mental  health,  the  commissioner  of
    26  alcoholism and substance abuse services, the director of the division of
    27  veterans'  affairs,  the  adjutant general and the director of the state
    28  office for the aging, regarding geriatric mental  health  and  [chemical
    29  dependence]  substance  use  disorder  needs.  Such  recommendations may
    30  address issues which include: community  integration,  quality  improve-
    31  ment,  integration  of mental health, substance use disorder, compulsive
    32  gambling, health, aging and such relevant  services  [with  services  to
    33  address  alcoholism, drug abuse, and health care needs,] as appropriate;
    34  and workforce development, family support and finance.
    35    § 3. This act shall take effect immediately.