BILL NUMBER: S7978
SPONSOR: BROUK
 
TITLE OF BILL:
An act to amend the social services law and the state finance law, in
relation to providing additional support to children with complex needs
under the jurisdiction of the state
 
PURPOSE:
This bill enhances the statutory authority of the Council on Children
and Families (CCF) interagency dispute resolution unit to better serve
children with complex behavioral health needs that are receiving (or in
need of) services from multiple state agencies.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Defines the term "boarding".
Authorizes CCF to accept and spend funds transferred to them from the
Healthcare Stability Fund.
Requires CCF to establish and maintain an online data portal and
prescribes specific data to be collected.
Clarifies CCF's mandate to respond to requests for assistance through
the Independent Dispute Resolution process, including establishing time
frames to respond to requests for assistance, evaluations and diagnoses
to be completed, and for the effectuation of placement or services.
Section 2: Requires the CCF to publicly post their annual progress
report regarding the number of youth placed in care outside of NYS and
related factors.
Section 3: Authorizes the transfer of $25 million from the Healthcare
Stability Fund to support the CCF.
Section 4: Sets forth the effective date.
 
JUSTIFICATION:
More young people than ever are struggling with mental health, substance
use disorder, and other challenges often at the same time but most are
not able to access the behavioral health services they need. We know
from study data published by the Healthy Minds Healthy Kids Campaign
that only 1 out of 4 young people eligible for outpatient Medicaid
behavioral health services is receiving them:
https://s3.amazonaws.com/media.cccnewyork.org/2024
/11/j98woFbc-hmhk-gap-a nalysis.pdf.
New York families are facing an access crisis in that there are not
enough_ appropriate home and community-based, clinic, or residential
services for them. Access is especially challenging for kids and adoles-
cents with complex behavioral health needs meaning those with serious
emotional disturbance or cooccurring mental health, substance use disor-
der, intellectual or developmental disabilities, and/or child welfare
involvement. These access challenges stem from issues including: the
shortage of behavioral health providers, resulting in monthslong wait-
lists for assessments and services; families needing to navigate two or
more state agencies' bureaucratic processes; complex paperwork and
documentation requirements; a shortage of appropriate residential
program beds; and inadequate insurance coverage and provider networks.
Currently, the NYS Council on Children and Families (CCF) is responsible
for helping families of children with complex needs navigate the vast
and confusing behavioral healthcare system in our state. Specifically,
the Council's Interagency Resolution Unit (IRU) is charged with: facili-
tating meetings with stakeholders to support collaboration across
systems, helping parties reach agreement on the provision of services,
providing discharge supports from ERs and hospitals, coordination of
comprehensive evaluations, care, and individual service plans, mediation
to resolve interagency disputes that impede access to care, and the
provision of technical assistance, information, and referrals. There is
an existing process whereby parties including parents, agencies,
schools, local social services districts, and individuals can request
help in accessing services from the IRU.
However, the mandate of the IRU is not adequately funded, leaving them
without the necessary resources to serve the many children and families
with complex needs struggling to navigate and access the service contin-
uum. This bill therefore provides the CCF with $25 million in resources,
provided from the Healthcare Stability Fund ("MCO Tax"), to hire addi-
tional staff, secure diagnostic and screening resources, enhance multi-
system care coordination, and to cover any costs of care while a dispute
over payment is being determined. This is critical for shifting the
burden of interagency disagreements off of the young person who is
suffering without the care they need, and back to the state agencies
responsible for their care. The legislation also establishes reasonable
timeframes for the IRU to respond to requests for assistance, which will
ensure more efficient residential placement and access to appropriate
services.
Moreover, the legislation addresses the data gap on children with
complex behavioral health needs by requiring CCF to collect detailed
information and to establish an online portal. CCF would be required to
collect information including length of time a young person is boarding
and awaiting placement, wait times for accessing services, and the
number of available beds in the state. Sensitive information would only
be accessible by state agencies, local social service districts, provid-
er agencies, and payors to facilitate access to care. The Council would
further be required to report on this data to the Governor, legislature,
and public every six months. Lastly, the Council would be required to
track data concerning requests for assistance and their outcome, and
then report annually to the Governor, legislature, and the public.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
$25 million to be provided by appropriation from the Healthcare Stabili-
ty Fund.
 
EFFECTIVE DATE:
180 days after enactment, provided that subdivision five of section one
shall take effect on January 1, 2026.

Statutes affected:
S7978: 483-b social services law, 483-d social services law, 483-d(7) social services law