STATE OF NEW YORK
________________________________________________________________________
3193--A
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.
LBD03960-02-9
A. 3193--A 2
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
A. 3193--A 3
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.