BILL NUMBER: S7978A
SPONSOR: BROUK
 
TITLE OF BILL:
An act to amend the social services law, in relation to providing addi-
tional 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 one amends section 483-b of the social services law to define
certain terms, including the term "boarding". It also requires CCF to
establish and maintain an online data portal and prescribes specific
data to be collected. In addition, this section 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 two amends subdivision 7 of section 483-d of the social services
law to require the CCF to publicly post their annual progress report
regarding the number of youth placed in care outside of NYS and related
factors.
Section three 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.corrilmedia.ccenewyork.org/
2024/11/.98woFbc-hmhk-gap-analysis.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.
This bill more clearly defines residential placements and provisions of
service and further strengthens the CCF's statutory authority regarding
placements. 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:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the 180th days after it shall have become
a law; provided, however, that subdivisions 5 and 6 of section 483-b of
the social services law shall take effect January 1, 2027.

Statutes affected:
S7978: 483-b social services law, 483-d social services law, 483-d(7) social services law
S7978A: 483-b social services law, 483-d social services law, 483-d(7) social services law