BILL NUMBER: S8820A
SPONSOR: SEPULVEDA
TITLE OF BILL: An act in relation to establishing a statewide
person-centered mental health services work group to improve statewide
mental health planning and outcomes to achieve a person-centered,
prevention-first integrated and tiered system of care for holistic
health and wellness
PURPOSE::
To form a behavioral health workgroup consisting of state and local
officials, providers, CEOs, and mental health service users to create a
uniform strategic planning system that would be used by local and state
officials to establish measurable goals for a person-centered and well-
ness-based mental health system. This collaborative model would replace
current process as defined in section 5.07 of the Mental Hygiene Law.
SUMMARY OF PROVISIONS::
The Planning Act would establish and fund a work group to review the
current methods of financing behavioral health care and propose a new,
unified, collaborative approach that draws on the expertise of all
concerned stakeholders, including local mental hygiene directors, public
health officials, providers, state agency planners, service users, and
elected officials.
Section one amends the unconsolidated law to establish the work group
and its goals. Provides for the membership of the work group to include
ten statewide members, four ex office members, and twenty eight regional
representative members. Requirements for appointments are set forth.
Appointments shall be made within sixty days of the effective date and
that vacancies are to be filled in the same manner as the original
appointments.
The work group shall accurately reflect the race and ethnicity of people
who use public health services. All members shall be required to
disclose any financial, personal or professional conflicts of interest
related to the subject and decisions under consideration by the work
group. Sets parameters and purpose of non-voting members. Sets guide-
lines on how members can receive compensation. Sets a quorum and rules
for voting.
The group will be authorized to adopt by-laws for the management and
regulation of its affairs. The work group shall develop recommendations
on regional and statewide planning systems and goals that integrate
behavioral health and physical health, ensuring equal representation by
having those members with lived experiences in leadership roles in
developing these goals, identify measurable outcomes, ensure there is
transparency with annual evaluations and quality improvement processes
that are consistent across all regions, establishing a statewide clear-
ing house of best practices to be posted publicly to show what's working
and how to integrate it to other regions, and establishing a budget
system.
The work group shall engage in dialogue with local stake holders to
ensure community input. Lays out the rolls of 0M11-1, OASAS, DOH and NYC
Department of health and mental hygiene in working with this group. The
work groups tasks shall be supported by an outside consulting firm to be
selected by majority vote of the group.
Establishes the parameters of meetings as governed by article 7 of the
public officers law. The work group shall develop recommendations for
reform of the state's local mental health planning to ensure it's
reflective of local needs. The work group shall transmit a report
containing these specific recommendations to the relevant state agen-
cies. Establishes how the work group is to use its budget. The work
group shall be authorized and entitled to receive grants offered pursu-
ant to section 14 of the state finance law.
The workgroup would be required to transmit a report with recommenda-
tions to the Governor and the Legislature no later than November 1,
2025.
Provides for severability and establishes that if certain provisions are
struck down by a court of competent jurisdictions, that remaining parts
of this legislation will not be invalidated.
Section two sets forth the effective date.
JUSTIFICATION::
The current system for allocating funds for mental health care is spread
across multiple state agencies and local jurisdictions. For example,
housing development and support, the most commonly cited need in New
York State Local Services Plan, can include federal HUD subsidies; state
HCR, OMH and DSS grants and operating subsidies; and county and city
subsidies. Organizing an effective long-term strategy to address the
housing challenges of people with mental illness in a given jurisdiction
requires input from not only the officials overseeing these various
programs, but also a commitment from providers to a workable strategy,
and from the people who need the housing about what they feel will best
aid their recovery.
Overall, the county-level, mental health planning process, outlined in
Section 5.07 of the MHL is unable to achieve the person-centered,
prevention-first system of care envisioned by state officials for
several reasons: the counties have no control of the resources needed to
address their challenges; the annual goal setting time-frame is too
short; it's impossible to organize a fully realized system of care
across 58 jurisdictions (57 counties and NYC); while counties are
mandated to identify needs and goals, there is no corresponding require-
ment to establish measurable outcomes so that progress can be tracked
over time; and most counties lack the resources and technical expertise
to develop a long-term strategic plan and continuous quality improvement
system to monitor and adjust the plan over time.
The moment to rework the behavioral health planning apparatus is now. In
January 2024, CMS approved New York State's latest 1115 Medicaid waiver
request to create region-based planning and service jurisdictions,
called Social Care Networks, to address many of the same needs that have
been consistently cited by officials and advocates for years: housing;
access to integrated. care; prevention services, which impacts both
suicide and crisis care; reliable transportation; provider and CBO work-
force challenges; and overdose deaths.
Creating a unified planning structure that combines existing county
initiatives with the new Social Care Network entity, a nonprofit who's
governing body must be 51% providers and include peer members (required
by the 1115 waiver), is a genuine opportunity to establish comprehensive
and long-term strategic partner shims.
Notably, instead of 58 separate annual plans (required by section 5.07
of MHL), the state would be organized around nine geographic areas
(required by the 1115 waiver) and could replace annual plans with
longer-range five to ten year plans that have measurable outcomes, mile-
stones, funding allocations that integrate health and behavioral health
budgets, and accountable performance standards.
A reformed planning system could also enforce consistent use of metrics
and performance data across all the SON regions, which would enable
state planners (DOH, OMR, OASAS, etc.) to compare and assess the effec-
tiveness of interventions from region to region. The most successful
strategies could then be shared and taken to scale on a statewide basis.
Repairing a system of care that has been dysfunctional for decades will
require a highly coordinated commitment by funders and state leaders
over an extended period of time. Such reform. cannot be achieved within
a single election cycle, making it imperative that a comprehensive plan-
ning apparatus be established that promotes measurable outcomes, inno-
vation and accountability.
LEGISLATIVE HISTORY::
New bill.
FISCAL IMPLICATIONS::
To be determined.
EFFECTIVE DATE::
This act shall take effect immediately.