Amd S41.55, Ment Hyg L; amd Part R2 S7, Chap 62 of 2003
Includes within the amount of community mental health support and workforce reinvestment funds annually appropriated to the office of mental health, the savings to the state from federal support of mental health programs and services previously funded by the state and from increased comprehensive outpatient program rates; makes permanent and eliminates the expiration of provisions establishing the community mental health support and workforce reinvestment program.
STATE OF NEW YORK
________________________________________________________________________
6704
2009-2010 Regular Sessions
IN ASSEMBLY
March 11, 2009
___________
Introduced by M. of A. P. RIVERA, SCHROEDER -- read once and referred to
the Committee on Mental Health, Mental Retardation and Developmental
Disabilities
AN ACT to amend the mental hygiene law, in relation to the sources of
revenue to community mental health support and workforce reinvestment
funds; and to amend chapter 62 of the laws of 2003, amending the
mental hygiene law relating to the community mental health support and
workforce reinvestment program and the membership of subcommittees for
mental health of community services boards, in relation to eliminating
the expiration of and making permanent certain provisions thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (e) of section 41.55 of the mental hygiene law,
2 as amended by section 1 of part N1 of chapter 63 of the laws of 2003, is
3 amended to read as follows:
4 (e) The amount of community mental health support and workforce rein-
5 vestment funds for the office of mental health shall be determined in
6 the annual budget and shall include the amount of actual state oper-
7 ations general fund appropriation reductions, including personal service
8 savings and other than personal service savings directly attributed to
9 each child and adult non-geriatric inpatient bed closure. For the
10 purposes of this section a bed shall be considered to be closed upon the
11 elimination of funding for such beds in the executive budget. The
12 appropriation reductions as a result of inpatient bed closures shall be
13 no less than seventy thousand dollars per bed on a full annual basis, as
14 annually recommended by the commissioner, subject to the approval of the
15 director of the budget, in the executive budget request prior to the
16 fiscal year for which the executive budget is being submitted. The
17 commissioner shall report to the governor, the temporary president of
18 the senate and the speaker of the assembly no later than October first,
19 two thousand three, and annually thereafter, with an explanation of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06643-01-9
A. 6704 2
1 methodologies used to calculate the per bed closure savings. The method-
2 ologies shall be developed by the commissioner and the director of the
3 budget. In no event shall the full annual value of community mental
4 health support and workforce reinvestment programs attributable to beds
5 closed as a result of net inpatient census decline exceed the twelve
6 month value of the office of mental health state operations general fund
7 reductions resulting from such census decline. Such reinvestment amount
8 shall be made available in the same proportion by which the office of
9 mental health's state operations general fund appropriations are reduced
10 each year as a result of child and adult non-geriatric inpatient bed
11 closures due to census decline.
12 The amount of community mental health support and workforce reinvest-
13 ment funds annually appropriated to the office of mental health in the
14 executive budget shall also include all state share savings resulting
15 from increases in Medicaid funding for mental health programs and
16 services previously entirely state funded and from increased comprehen-
17 sive outpatient program rates established pursuant to state rules and
18 regulations.
19 § 2. Section 7 of part R2 of chapter 62 of the laws of 2003, amending
20 the mental hygiene law relating to the community mental health support
21 and workforce reinvestment program and the membership of subcommittees
22 for mental health of community services boards, as amended by section 1
23 of part E of chapter 58 of the laws of 2004, is amended to read as
24 follows:
25 § 7. This act shall take effect immediately [and shall expire March
26 31, 2010 when upon such date the provisions of this act shall be deemed
27 repealed].
28 § 3. This act shall take effect on the first of April next succeeding
29 the date on which it shall have become a law.
