End of NYS Legislative Session Update:
This is a brief encapsulation of this year’s Legislative Session. We will provide a more in-depth version in the upcoming days.
There are two seasons in Albany when the Legislature is in town. The first one is focused on the Budget which is due on April 1 and has been pretty consistent in recent years in terms of passing in early April. Then from early April through the end of June, the session is focused on legislation. The legislature left town earlier this week and the dust is settling on the impact of the hundreds of bills that were passed.
This year was an incredible year in New York politics. Over the last few months, we have a new Governor in former Lieutenant Governor David Paterson and a new Senate Majority Leader in Senator Dean Skelos from Long Island. There is no one who could have predicated any of this.
The one thing you can predict though is that it was another mixed bag year for mental health funding and legislation. Though we had some good thing that happened, there were several disappointments as well. The most significant advocacy strategy we have going for us is the continued strength of the grass roots. Many of the positive changes would never have come without your tireless continued strong advocacy.
As I have said time and time again, only through the collective voices of the stakeholders in the mental health community, will we be truly able to create the positive transformation of the mental health system.
Year in Budget
Without getting into great budget detail, we did have a good budget year especially given the tough economic times. There were several positive things in the Governor’s budget including largely a 3.2 COLA for the human service workforce as well as an agreement for an additional three years. There was also funding for additional mental health housing, children’s services, and co-occurring disorders. In addition, due to the leadership of Senator Morahan and the strong support of Assemblyman Rivera, we were able for the first time to get some funding for Health Care Enhancements, a MHANYS priority. The legislature was also able to add back funding in the budget to insure that anti-depressants remained part of the mental health carve out in the Preferred Drug List. There was also additional funding for the ENABLE program for Adult Homes and funding for veterans with mental health issues. Unfortunately, there was no new funding for Geriatric Mental Health and employment but we will continue to fight for those important issues to our members.
Of course, the negative consequence of the budget is that all agencies were asked to cut funding. Many of us are beginning to feel the impact of this to our mental health programs. We will be better able to discuss after we begin to recognize the impact of cuts to specific programs. However, MHANYS and our colleagues worked hard to insure that the COLA was left out of any budget cuts.
Legislative Priorities
The major legislative priorities since April included Adding Post Traumatic Stress Disorder to Timothy’s Law, A Housing Wait List Bill and more recently a Public Awareness Bill for Mental Health.
Post Traumatic Stress Disorder in Timothy’s Law
Despite the very strong efforts by the Timothy’s Law Campaign, we were unable to add post traumatic stress disorder (PTSD) to the diagnosis covered in Timothy’s Law after the 30 in patient/ 20 outpatient days is exhausted. Despite strong evidence that veterans, sexual abuse survivors and others would be greatly impacted, the legislature did not pass the bill this year.
One of the major stumbling blocks was the feeling within the Legislature that Timothy’s Law is up for renewal next year and that there will be a study of the impact of the law coming out in April. We pointed out that we should not have to wait till next year to get PTSD added. It means that people desperately needing PTSD services will have to continue to pay out of pocket or not seek services because they are unaffordable.
We knew that undertaking the fight for PTSD would be a struggle given what we were up against. However, the good news is that this issue will be in the forefront of legislators’ minds when they come back next year.
Housing Wait List Bill
For the third year in a row, the Housing Wait List Bill has passed the Legislature. We have long supported this bill recognizing that there has to be a continued planning component to housing. How can you address housing needs without evaluating how many individuals with psychiatric disabilities need housing? In each county, there should be a prevalence number and advocates, state government, housing providers and local government can work together to build capacity based on the identified prevalence number in a county. This bill was vetoed by Governors’ Pataki and Spitzer. We are urging Governor Paterson to support the bill which he did support when he was in the State Senate. (A. 10079 and S.6819)
Tax Check off Bill
One bill that was the idea of MHANY in conjunction with Assemblyman Rivera several years ago was the idea of creating a tax check off in the New York State Income Tax dedicated specifically to a mental health public awareness campaign.
To the credit of Assemblyman Rivera, this bill passed the Assembly for the first time this year. We spent a lot of time trying to convince the Senate in the waning days of legislative session to support a Senate version of the bill. Despite the strong support of Senator Morahan, we were unable to get the bill passed.
I was told by Senate staff that it has been several years since they have supported a tax check off bill for any cause. I pointed out that the stigma of mental illness is keeping hundreds of thousands of people from getting mental health services and that a statewide public awareness campaign would help in dramatically changing perceptions. Though there was sympathy, there was no movement to pass the Senate bill. Now that we have momentum, we will be back next year and create a stronger campaign around this issue.
Gun Legislation
One of the surprises of the end of the session is the bills that come out from nowhere. Last month Governor Paterson introduced a series of bill regarding gun control. Several of the bills were very strong, positive measure.
Unfortunately, the one bill that was introduced in the legislature was part of federal legislation that created a registry that would not allow certain individuals with mental illness from possessing firearms.
In New York State one of those categories were individuals who were involuntarily committed to hospitals because they were a danger to themselves or others. There are many individuals who have been involuntarily committed who have never had a history of violence.
Most of us agree that if you have a history of violence, you should not be able to own a firearm, but many individuals involuntarily committed have never had any kind of violent history—why should they be discriminated against simply because of their hospitalizations.
Over the last twenty years, you could site chapter and verse of the people involuntarily committed having nothing to do with violence (eating disorder, anxiety disorder, clinical depression over death of a loved one, etc). Why should those individuals not be allowed to own a firearm in New York? It discriminates against an entire population of individuals.
To the credit of the state, they made the appeals process easier then the federal mandate which will certainly be an important step but this legislation should have never happened.
Regrettably, it appears that this bill will be signed into law.
Summary:
We started the year off well with a good budget from then Governor Spitzer and though the legislature did not have a great deal of money to spend on mental health, they directed much of the funding to the priorities of MHANYS including health care enhancements for direct care staff, funding of NASW initiatives on Veterans and mental health and restoring of the funding so that anti-depressants remained part of the mental health carve out in the Preferred Drug List.
We also were able to work with the Legislature and the Governor’s Office to get the successful passage of the SHU bill. No longer would individuals with mental illness in prisons be subject to having to stay in the SHU.
Though there were cuts to the passed budget across all areas including mental health (we tried arguing that the human service sector should not be cut), MHANYS and other mental health advocates argued successfully that this year’s COLA should not be subject to the cuts.
The legislative session itself was a mixed bag as the legislature continued their support of the Housing Wait List but we were unable to get successful passage of the bill to add PTSD to Timothy’s Law. We did make progress in having a tax check off bill in the state income tax pass the Assembly and now we will redouble our efforts for next year.
Finally, we were unable to stop passage of a bill that we believe does not allow certain individuals with mental illness who have never had a history of violence from owning a firearm in New York State.
Other Bills to Review:
There are several other bills which impact mental health in New York including a bill that mandates board member training on fiduciary responsibilities to all not-profit mental hygiene boards, there is an extension of Jonathan’s Law, there is legislation that broadens definition of abuse and neglect in children’s residential facilities, there is a bill that prohibits mandatory nurse overtime (that Governor Paterson has committed to signing), there are bills that would expand the Geriatric Mental Health Interagency Planning Council, there is a bill that brings together several state agencies to look at work hours for direct care staff in mental hygiene programs and there is a bill in response to the New York State/New York City agreement that creates legislation to allow for incident review teams to review critical incidents involving individuals with mental illness.
Continuing End of Session Update by MHANYS
July 3, 2008
Listed below is an end of the session update put together by MHANYS Public Policy Director John Richter. It does not cover all the mental heath bills but it is comprehensive in responding to many of the mental health related bills that have come before the legislature this session. We also have a section on how bills that were passed compare to the MHANYS Legislative Agenda for this year.
Since the legislative session has ended, we will now focus much of our advocacy on the executive branch to try and insure that despite difficult financial times that mental health is not negatively impacted in next year’s state budget.
We will also be working with all of you to craft our agenda for next year.
If you have any questions related to this update, please contact John Richter at jrichter@mhanys.org
Hope you all have a wonderful 4th of July.
Glenn
Abstract: This memorandum discusses the status of all legislative activity related to mental health as of the official end of the 2008 Legislative session announced by the governor on June 25. Specific attention is given to the status of bills that advance parts of MHANYS legislative agenda.
Introduction
This memorandum is a follow-up to Glenn’s June 27th “End of Session Update” and is intended to provide further details regarding the outcome of the 2008 New York State Legislative Session. The first part of the memo discusses legislation signed by the governor with implications for mental health. The latter part of the memo focuses specifically on the end-of-session status of legislative bills that are particularly relevant to MHANYS legislative agenda.
Three Way Agreements on Mental Health Legislation
Residential Care Reform
Governor Paterson passed a package of reforms designed to enhance protections for children and adults in residential care. The reform package includes four separate bills designed to strengthen health and safety standards in residential programs. The four bills will:
- enhance the standards used to determine if abuse has occurred;
- extend the time period for retroactive requests for information under Jonathan’s Law;
- prohibit the withholding of food or hydration, and;
- make recommendations as to appropriate work hours for direct care employees in mental hygiene facilities.
The new legislation applies facilities operated or licensed by the Office of Children and Family Services, the State Education Department, the Office of Mental Retardation and Developmental Disabilities (OMRDD), and the Office of Mental Health (OMH). Under the agreed-upon legislation, programs operated or overseen by the New York State Office of Alcoholism and Substance Abuse Services (OASAS), which are not currently covered under existing law.
For further details regarding the residential care reform package see Glenn’s June 24th email to MHANYS Executives or click here click here to see the governor’s press release, or visit http://www.state.ny.us/governor/press/press_0623086.html.
Firearms Background Check
The governor also signed into law comprehensive background checks on persons who are purchasing firearms. The legislation implements new federal requirements enacted in response to last year’s Virginia Tech shootings.
The new law is intended to improve the State's ability to submit mental health records to the National Instant Criminal Background Check System (NICS) index by amending the state law that mandated those records remain confidential. The index was enhanced last year through legislation sponsored by U.S. Senator Charles Schumer and Congresswoman Carolyn McCarthy to include involuntary mental health commitments and other events that may disqualify a person from purchasing a firearm. While those records are not predictors of violent tendencies, they give a more complete background of the license applicant. Federal firearms licensers are required to check the NICS index before selling a firearm in order to verify that federal law does not prohibit the customer from purchasing the weapon.
MHANYS opposed the New York’s proposed bill as it was being considered in the State Senate (S.8478) on the grounds that it would unfairly discriminate against people with a history of mental illness but no history of violence (MHANYS strongly agrees with efforts to deny gun ownership to individuals with a history of violence). We also objected to the bill’s lack of a clear appeals process for removing one’s name from the index and ambiguity around the extent to which one’s name would be completely expunged from the federal record.
The new law allows for information concerning an individual's involuntary commitment to a mental health facility to be provided to the NICS index, but also now includes provisions providing for a disqualified person to petition for relief in writing, undergo a clinical evaluation and risk assessment and require that OMH issue a decision in writing explaining the reasons for a denial or grant of relief.
To read the full text of the enacted legislation click here and enter S8478 (be sure to check the “text” option).
Expanded Health Benefits for 9/11 First Responders Includes Mental Health Treatment
The governor and legislature reached agreement to cover additional public workers who risked their health and safety in the rescue, recovery and clean-up efforts at the World Trade Center after the attacks of September 11, 2001. The changes are based on the recommendations of the bi-partisan September 11th Worker Protection Task Force. Under the agreement the “presumptive accidental disability retirement benefit” now available to some 9/11 first responders will be extended to additional first responders. A panel of experts on the Task Force found that additional workers were exposed to the same toxins and psychological trauma as those originally covered.
The Task Force report clearly identifies “post-traumatic stress disorder and other mental health consequences” on the list of World Trade Center-related physical and mental health conditions. A sampling of statistics found in the report helps to define the scope of those affected. In 13,854 previously healthy, exposure-stratified FDNY rescue workers and volunteers, self-reported mental health symptoms suggestive of either PTSD or Depression were present in over 50% during the first 4 years – mood changes in 58% during year 1 and 53% during years 2 through 4, symptoms of detachment in 60% during year 1 and 53% during years 2 through 4, symptoms of reliving the WTC experience in 60% during year one and 53% during years 2 through 4 and sleep disturbances present in 61% during year 1 and 58% during years 2 through 4.
(The March 4, 2008 Task Force Interim Report, including the Doctor’s Committee report to the Task Force, is located on the Department of Labor’s website: click here).
Other Legislation and Items of Interest
Incident Review Panels
Governor Paterson strongly supports a bill that provides the Commissioner of the Office of Mental Health (OMH) the authority to convene multi-agency mental health incident review panels. The panels can conduct timely, detailed and retrospective investigations of incidents involving individuals with serious mental illnesses who are harmed, who cause harm to others, who suffer serious and preventable complications, or become involved in violent incidents. The incident review panels are intended to improve mental health care through reduced care errors and enhanced protection for the public. The panels will include representatives from state agencies, local governments, mental health providers, emergency services and law enforcement involved in a particular incident
The legislation is based on a comprehensive set of recommendations from the joint New York State (NYS)/New York City (NYC) Mental Health-Criminal Justice Panel. Of the two “same-as” bills in the Senate and Assembly (i.e., A.11561 and S.8710 respectively) only the Senate version was passed. The Assembly’s bill failed to advance passed the Rules Committee.
The incident review process will consist of: (1) identifying systemic and individual shortcomings that may have contributed to the incident; and (2) recommending administrative and legislative changes to prevent future occurrences and enhance public safety. Panel reports will be provided to OMH, which will provide an annual report summarizing the findings and recommendations of each review panel to the Legislature and the Governor.
We do not know of any opposition to this bill and suspect that it will pass the Assembly when they are back in session.
Final Order of Observation Legislation
A bill on its way to the governor for his signature would authorize the Commissioner of Mental Health and the Commissioner of the Office of Mental Retardation and Developmental Disabilities (OMRDD) to designate hospitals which may receive and admit persons subject to a final order of observation under Article 730 of the Criminal Procedure Law (CPL). The hospitals would have to be licensed by the Office of Mental Health (OMH) and would have to agree to accept such defendants upon referral by the appropriate commissioner.
A10494/ S4146, which passed both the Assembly and the Senate, is designed to provide the commissioners with flexibility regarding the placement of defendants subject to a final order of observation by a local or superior court. This flexibility is supposed to enable the commissioners to better manage the census of OMH and OMRDD facilities and free-up capacity in the state facilities.
MHANYS is issuing a memorandum to the governor’s office to express concerns related to the proposed expanded authority of the commissioners. We are concerned that certain hospitals may not be equipped to optimally meet the needs of this population either because of staff-related issues, such as training and ratios or facility-related issues, such as environmental design, census and capacity.
Minimum Training Requirement for MH Board Members
Both the Senate and Assembly passed a bill that would direct OMRDD and OMH to establish minimum training requirements for all members of the board of directors or trustees of a voluntary, not-for-profit corporation or facility which is subject to state jurisdiction and to require agencies to include the dates upon which members have completed their training in order to be recertified.
A.11499/S 8047-A would also require the Commissioners to establish rules and regulations directing boards to have policies and procedures in place to deal with executive compensation and crisis that may occur in the agency.
MHANYS has learned that the bill is on its way to the governor who is expected to sign it into law.
Anti-Stigma Legislation
A bill whose origin began as an original MHANYS initiative three years ago fell just a few steps short of passing both houses in the Legislature. A6826-A/S8662 would establish a tax check-off for grants to organizations dedicated to eliminating stigma attached to mental illness. The bill was passed by the Assembly but advanced only as far as the Rules Committee in the Senate.
Potential New Supported Housing Funding for People with Psychiatric Disabilities
The governor announced $137 million in funding from the 2008/09 Executive Budget to support programs under the New York State Division of Housing and Community Renewal (DHCR). The funds will help build and preserve 6,415 units of affordable housing -- nearly twice the number of units created and preserved by DHCR last year.
The funding supports several programs including Capital Projects ($87 Million), the HOME Program ($29.6 million), ACCESS to Home ($14 million) and RESTORE ($6.3 million). We are hopeful that Capital Projects funding, which is expected to leverage $340 Million in additional equity and produce 1,951 units of affordable housing for people with disabilities, will include opportunities for people with psychiatric disabilities.
MHANYS Legislative Agenda
The following table shows the final end-of-session status of bills particularly important to the objectives embodied in MHANYS 2008 legislative agenda. In many instances, legislation that we strongly advocated made significant advancements through the legislative process only to stall before one or both houses brought them to a final vote. Although these initiatives must be “re-processed” with the next legislative session, we have made considerable head-way toward educating lawmakers on our issues, garnering their support and building consensus. This legislative “spadework” will undoubtedly prove valuable in our future legislative advocacy efforts.
End of Session Legislative Summary
(Bills Related to MHANYS Legislative Agenda)
|
MHANYS Legislative Agenda Items |
Related Legislation |
End of Session Bill Status |
|
Mental Health Treatment Parity: Timothy’s Law Expansion |
A10078(Rivera)/S6818(Morahan)
Relates to report on the definition of "biologically based mental illness" and post traumatic stress disorder. |
6/19/08: held for consideration in Ways and Means |
|
MHANYS Legislative Agenda Items |
Related Legislation |
End of Session Bill Status |
|
Medication Accessibility |
Anti-depressant “carve-out” |
Successfully restored in the FY2008/09 Executive Budget |
|
Veterans Services
|
A10069C(Rivera)/S6799C(Fuschillo)
Creates a course of instruction to train mental health providers in veteran specific mental health issues. |
5/12/08: passed senate
6/17/08: passed assembly
|
|
Geriatric Mental Health and Chemical Dependence Treatment: |
A9846(Dinowitz)/S6817(Morahan)
Renames and broadens the geriatric service demonstration program to include older adults with mental health disabilities and chemical dependence
council. |
6/27/08: delivered to governor. MHANYS has put out a memo of support on this issue
|
|
Suicide Prevention
|
A10090(Cusick)/S7032(Lanza)
Requires the installation of suicide prevention phones on all bridges controlled and operated by the Metropolitan Transportation Authority |
6/12/08: reported referred to ways and means |
|
Parents with Psychiatric Disabilities
|
MHANYS draft legislation to eliminate mental illness as one of the reasons for custody loss by revising Social Services Law, 384B (Section 4C, 6A - E) |
Requires a bill sponsor |
|
Youth in Transition
|
A1441(Brennan)
Establishes a right to treatment for seriously emotionally disturbed children who are certified and waiting to be placed in a residential placement facility. |
5/28/08: reported referred to ways and means |
|
Children’s Mental Health
|
A10297A(Rivera)/S7033A(Morahan)
Establishes the child psychiatry access project
. |
6/10/08: passed senate
6/18/08: passed assembly
|
|
Law Enforcement Crisis Intervention Teams
|
No Proposed Legislation |
|
|
Mental Health Courts
|
No Proposed Legislation |
|
|
MHANYS Legislative Agenda Items |
Related Legislation |
End of Session Bill Status |
|
Transportation
|
No Proposed Legislation |
|
|
Expanding Housing Opportunities
|
A10079(Rivera)/S6819(Morahan)
Requires the establishment of community housing waiting lists within the office of mental health service system |
3/11/08: passed senate
5/19/08: passed assembly
MHANYS has put out a memo of support on this issue
|
|
Adult Home Reform |
No Active Legislation |
|
|
Workforce Issues
|
S6768A(Morahan)/A11221(Rivera)
Develops a mental health providers’ health insurance survey tool.
S4438A(Morahan)/A11239(Rivera)
Establishes a Quality Workers Task Force |
6/11/08: passed senate
6/12/08: passed assembly
5/21/08: passed Senate
6/12/08: passed assembly |