NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8989
SPONSOR: Gunther TITLE OF BILL:
An act in relation to establishing a task force to study aging in place
in mental health housing; and providing for the repeal of such
provisions upon expiration thereof
PURPOSE:
The purpose of this bill is to improve services for the elderly resi-
dents of mental health housing programs.
SUMMARY OF SPECIFIC PROVISIONS:
Would establish a temporary task force with the office of mental health
OMH) to evaluate and provide recommendations including but not limited
on the following issues: a) solutions for removing barriers to ensure
residents of community-based mental health housing programs can success-
fully age in place while receiving adequate care; b) identify policy,
procedure, or regulatory changes that aim to remove barriers to resi-
dents of community based mental health housing programs to receive both
mental health and medical care, including the ability to hire health
care professionals including but not limited to nurses and/or health
home aides; c) an action plan for making residences American Disability
Act compliant; d) necessary training for residential staff to understand
the needs of the elderly for which they are providing care; and e) types
of assistance to consider when transporting residents to medical
appointments and ensuring the proper follow-up occurs.
The task force shall consist of nine members as follows: two members
shall be appointed by the speaker of the assembly; two members shall be
appointed by the temporary president of the senate; one member shall be
appointed by the minority leader of the senate; one member shall be
appointed by the minority leader of the assembly; and three members
shall be appointed by the governor. The task force members shall be
appointed within 60 days after this act shall have become a law.
Members so appointed shall consist of: (i) at least one representative
of a statewide organization or advocacy group for residents of mental
health housing programs; (ii) at least one healthcare professional with
expertise in the needs of the elderly/aging residents of a congregate
care setting with significant medical issues; (iii) at least one mental
health professional with expertise in the needs of elderly mental health
housing residents with a severe and persistent mental illness; and (iv)
one member shall be a director of a mental health housing program.
The task force shall make a report of its findings, recommendations, and
any legislative or budgetary initiatives as it may deem necessary and
appropriate. Such report shall be provided to the governor and the
legislature no later than twelve months after this act shall have become
a law.
JUSTIFICATION:
More than 40,000 New Yorkers with severe mental illness reside in commu-
nity-based mental health housing. The mental health housing models
establish early 40 years ago no longer represents all the needs of the
current population. When created by New York State, their focus was to
assist residents in transitioning from a model that is congregate based
with 24 hours a day, 7 days a week staff and support, to a model that is
a single apaitment with support services as needed. Today's residents
living in mental health housing are different from those who lived in
mental health housing when it was first created. Today's residents take
12-15 medications daily, as opposed to one or two; and many have multi-
ple co-occurring medical conditions in addition to mental illness and
substance use disorder; and many are living longer, which means they
need more medical care.
More than forty percent of mental health housing residents are age 55
and over, with nearly a third of those age 65 and over. Combined, these
residents are treated for 166 different medical conditions, with the
most prevalent being diabetes, hypertension, COPD, dementia, cancer, and
mobility issues. More than three-quarters of the housing are not
equipped with the resources to provide care for the medical needs of the
residents. Moreover, most nursing homes will not take residents who have
severe mental illness, nor are such facilities able to serve their
mental health needs. With only 180 beds designated as geriatric congre-
gate residences, there is only a fraction of the beds needed to serve
this population. Further, despite the geriatric designation, currently
there are no additional resources for the care of this fragile, aging
resident in the mental health housing system. Therefore, with demograph-
ic changes within the mental health housing community, this legislation
seeks to be responsive to meeting the increasingly complex health and
mental health care needs of such residents.
LEGISLATIVE HISTORY:
A.5119 2023 Veto Memo. 80/ 55178 of 2023. Veto memo. 80.
A.10139 2022 Veto Memo. 65/ S.9041 of 2022. Veto Memo. 65.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined.
EFFECTIVE DATE: :
This act shall take effect immediately and shall be expired and deemed
repealed after the report required pursuant to subdivision five of this
section has been presented to the legislature.
STATE OF NEW YORK
________________________________________________________________________
8989
IN ASSEMBLY
January 31, 2024
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Mental Health
AN ACT in relation to establishing a task force to study aging in place
in mental health housing; and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 1. A task force shall be established within the office of
2 mental health to be known as the mental health housing evaluation task
3 force for aging in place (hereinafter referred to as the "task force")
4 to make recommendations including, but not limited to, the following:
5 (a) solutions for removing barriers to ensure residents of community-
6 based mental health housing programs can successfully age in place while
7 receiving adequate care;
8 (b) identifying policy, procedure, or regulatory changes that aim to
9 remove barriers to residents of community-based mental health housing
10 programs to receive both mental health and medical care, including the
11 ability to hire health care professionals, including but not limited to
12 nurses and/or health home aides;
13 (c) an action plan for making residences Americans with Disabilities
14 Act compliant;
15 (d) necessary training for residential staff to understand the needs
16 of the elderly for which they are providing care; and
17 (e) types of assistance to consider when transporting residents to
18 medical appointments and ensuring the proper follow-up occurs.
19 2. The task force shall consist of nine members as follows: three
20 members shall be appointed by the governor; two members shall be
21 appointed by the speaker of the assembly; two members shall be appointed
22 by the temporary president of the senate; one member shall be appointed
23 by the minority leader of the senate; and one member shall be appointed
24 by the minority leader of the assembly. The task force members shall be
25 appointed within 60 days after this act shall have become a law.
26 Members so appointed shall consist of at least: one representative of
27 a statewide organization or advocacy group for residents of mental
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09811-01-3
A. 8989 2
1 health housing programs; at least one health care professional with
2 expertise in the needs of the elderly/aging residents of a congregate
3 care setting with significant medical issues; at least one mental health
4 professional with expertise in the needs of elderly mental health hous-
5 ing residents with a severe and persistent mental illness; and at least
6 one member shall be a director of a mental health housing program. A
7 chairperson shall be nominated by a majority vote from among the members
8 of the task force.
9 3. No member, officer or employee of the task force shall be disquali-
10 fied from holding any other public office or employment, nor shall he or
11 she forfeit any such office or employment by reason of his or her
12 appointment hereunder, notwithstanding the provisions of any general,
13 special, or local law, ordinance or city charter.
14 4. The members of the task force shall receive no compensation for
15 their services but shall be allowed their actual and necessary expenses
16 incurred in the performance of their duties hereunder. The task force
17 shall meet at least three times, or more if deemed necessary, at the
18 call of the chairperson to fulfill its duties.
19 5. The task force shall make a report of its findings, including any
20 recommendations required pursuant to subdivision one of this section as
21 well as any legislative or budgetary initiatives as it may deem neces-
22 sary and appropriate. Such report shall be provided to the governor and
23 the legislature no later than twelve months after this act shall have
24 become a law.
25 § 2. This act shall take effect immediately and shall expire and be
26 deemed repealed thirty days after the report required pursuant to subdi-
27 vision five of section one of this act has been presented to the legis-
28 lature; provided, further, that the commissioner of mental health shall
29 notify the legislative bill drafting commission upon the submission of
30 the report required by subdivision five of section one of this act to
31 the legislature, in order that the commission may maintain an accurate
32 and timely effective data base of the official text of the laws of the
33 state of New York in furtherance of effectuating the provisions of
34 section 44 of the legislative law and section 70-b of the public offi-
35 cers law.
