Bill Text: NY A07951 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the division for mental health treatment equity and the advisory council on mental health treatment equity.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A07951 Detail]

Download: New_York-2019-A07951-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7951

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 29, 2019
                                       ___________

        Introduced  by M. of A. DE LA ROSA, GUNTHER -- read once and referred to
          the Committee on Mental Health

        AN ACT to amend the mental hygiene law, in relation to establishing  the
          division for mental health treatment equity

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The mental hygiene law is amended by adding a  new  section
     2  7.49 to read as follows:
     3  § 7.49 The division for mental health treatment equity.
     4    (a) Definitions. As used in this section:
     5    (1)  "division"  shall  mean  the division for mental health treatment
     6  equity created pursuant to this section which shall consist  of  a  full
     7  time director and any additional full or part time staff the commission-
     8  er deems necessary to effectuate the provisions of this section.
     9    (2) "council" shall mean the advisory council to the division, created
    10  pursuant to subdivision (c) of this section.
    11    (3)  "vulnerable  populations"  shall  mean those who have experienced
    12  injustices and disadvantages as a result of their race, ethnicity, sexu-
    13  al  orientation,  gender  identity,  disability  status,  age,  military
    14  status,  socioeconomic status and/or any other status which has caused a
    15  person to experience injustices and disadvantages.
    16    (4) "racially and ethnically diverse areas" shall mean counties  where
    17  the non-white population is forty percent or more or the service area of
    18  a  mental  health provider of services where the non-white population of
    19  said area is forty percent or more.
    20    (5) "provider of services" shall have  the  same  meaning  as  defined
    21  pursuant  to  subdivision  five  of  section  1.03  of  this chapter and
    22  provides mental health services to vulnerable populations.
    23    (6) "treatment  disparities"  shall  mean  measurable  differences  in
    24  access  to  and quality of mental health services as determined by race,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13001-01-9

        A. 7951                             2

     1  ethnicity, sexual orientation, gender identity, disability status,  age,
     2  military status, and socioeconomic status.
     3    (7)  "treatment  equity"  shall  mean  achieving  the highest level of
     4  mental health services for all people and shall entail  focused  efforts
     5  to  address  avoidable  inequalities  by equalizing those conditions for
     6  mental health services for those that have  experienced  injustices  and
     7  socioeconomic disadvantages.
     8    (b)  The  division for mental health treatment equity. There is hereby
     9  created a division for mental health treatment equity. The division,  in
    10  conjunction  with  the  council,  shall  have  the  following powers and
    11  duties:
    12    (1) to work collaboratively with  the  office,  other  relevant  state
    13  agencies  and  affected  stakeholders,  including,  but  not limited to,
    14  providers and representatives of vulnerable populations, in order to set
    15  priorities to achieve treatment equity in  both  racial  and  ethnically
    16  diverse areas and for vulnerable populations throughout the state;
    17    (2)  to  analyze  collected  data to determine the causes of treatment
    18  disparities in both  racially  and  ethnically  diverse  areas  and  for
    19  vulnerable  populations  throughout  the  state, including any economic,
    20  physical, social or cultural barriers;
    21    (3) to develop and implement strategies aimed at  achieving  treatment
    22  equity  in  racially  and  ethnically diverse areas and among vulnerable
    23  populations;
    24    (4) to promote community involvement  by  conducting  promotional  and
    25  educational  outreach  programs  regarding  mental illness and available
    26  services;
    27    (5) to review the impact of current laws, rules, regulations, policies
    28  and programs that may be affecting  the  ability  to  achieve  treatment
    29  equity; and
    30    (6)  to assist the office, where appropriate, in meeting its responsi-
    31  bilities pursuant to subdivision (g) of section 7.07 of this article.
    32    (c) The advisory council on mental health treatment  equity.  (1)  The
    33  council  shall consist of twelve members. All members shall be appointed
    34  by the governor, with three members appointed upon  recommendation  from
    35  the  temporary  president of the senate and three members appointed upon
    36  recommendation from the speaker of the assembly. The chairperson of  the
    37  council shall be the commissioner or his or her designee.
    38    (2) The members of the council shall be from the community with exper-
    39  tise  in conducting mental health services. In making such appointments,
    40  due  consideration  shall  be  given  to  ensuring  adequate   statewide
    41  geographic representation, including rural communities.
    42    (3)  The  term  of  office for each member of the council shall be six
    43  years. Vacancies on the council, other than by  expiration  of  a  term,
    44  shall  be  filled  for  the  remainder of the unexpired term in the same
    45  manner as original appointments.
    46    (4) The members of the council shall receive no compensation for their
    47  services, but shall be reimbursed for all expenses actually  and  neces-
    48  sarily  incurred  in  the performance of their duties under this section
    49  within the amount made available by appropriation therefor.
    50    (d) Comprehensive plan. The division in collaboration with the council
    51  shall provide recommendations on matters within the scope of its  powers
    52  and duties as set forth in this section to the office for the purpose of
    53  formulating its statewide comprehensive plan pursuant to section 5.07 of
    54  this chapter.
    55    § 2. This act shall take effect on April 1, 2020.
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