April 9, 2022
Good morning,
Two updates below based on our initial read from the recently released Aid to Localities bill.
Please note:
This is an early read. we have some questions so please do not send this information far and wide. Also, don’t miss the information about the 988 Program that comes after this first report out:
1) Attached is the section of the final Aid to Localities (ATL) budget bill related to Mental Hygiene including OASAS and OMH funding. The language pasted below shows two appropriations related to Opioid Settlement funding and Public Health efforts to impact opioid addiction (pages 1036-1038). Here’s an explanation:
Opioid Settlement Account #23817The first is related to the Opioid Settlement account. The total appropriation is for $208 million (note the appropriation amount in the Governor’s budget in January was $265,952,000). The language itself is the same as that which was originally proposed by the Governor in her January proposal.
Opioid Stewardship Account #22239The second appropriation is in a separate account and is the same amount and language as that which was was proposed by the Governor in January at $200 million, but in the final lines it adds language stating “Notwithstanding any other provision of law, the money hereby appropriated may be transferred to state operations and/or appropriations of OASAS, with the approval of the Director of the Budget.”
Obviously, our question is about what happened to the $57,952,000 that represents the difference between the January approp of $265,952,000 and the approp listed at $208M for the Opioid Settlement account. We are currently reaching out to contacts downtown on this question. ————————————————————-
————————————————————-
Special Revenue Funds – Other
2 Designated Miscellaneous Special Revenue Account
3 Opioid Settlement Fund Account – 23817
4 For payments of monies from the Opioid
5 Settlement Fund in accordance with section
6 99-nn of the State Finance Law. Up to
7 $900,000 of this appropriation may be
8 available for payment pursuant to a plan
9 or plans drafted by the Office of the
10 Attorney General and approved by the
11 Office of Addiction Services and Supports
12 which are in accordance with and necessary
13 to effectuate Statewide Opioid Settlement
14 Agreements as defined in Section 99-nn of
15 the State Finance Law. Additionally, at
16 least $59,000,000 of this appropriation
17 shall be held in reserve for payments to
18 local governments pursuant to a plan or
19 plans by the Office of Addiction Services
20 and Supports which are consistent with
21 Statewide Opioid Settlement Agreements.
22 Notwithstanding any other provision of law
23 to the contrary and consistent with state-
24 wide opioid settlement agreements, the
25 money hereby appropriated may be trans-
26 ferred to state operations appropriations
27 of the office of addiction services and
28 supports for services and expenses associ-
29 ated with the administration of programs
30 and activities supported by the opioid
31 settlement fund and in accordance with the
32 terms of statewide opioid settlement
33 agreements, with the approval of the
34 director of the budget.
35 Notwithstanding sections 163 of the state
36 finance law and section 142 of the econom-
37 ic development law, or any other incon-
38 sistent provision of law, funds available
39 for expenditure pursuant to this appropri-
40 ation may be allocated and distributed by
41 the commissioner of the office of
42 addiction services and supports, without a
43 competitive bid or request for proposal
44 process.
45 Notwithstanding any provision of law to the
46 contrary, a portion of the funds appropri-
47 ated herein may be suballocated to other
48 agencies for use in accordance with State-
49 wide Opioid Settlement Agreements.
1037 12653-09-2
1 Notwithstanding any provision of law to the
2 contrary, payments made pursuant to this
3 appropriation shall not exceed the value
4 of actual deposits to the Opioid Settle-
5 ment Fund as a result of Statewide Opioid
6 Settlement Agreements …………………. 208,000,000
7 ————–
8 Program account subtotal …………….. 208,000,000
Special Revenue Funds – Other
11 Miscellaneous Special Revenue Fund
12 Opioid Stewardship account – 22239
13 For services and expenses related to a
14 public health-style approach to mitigating
15 the impact of opioid addiction, to include
16 harm reduction and patient-centered
17 services, harm reduction services overseen
18 by the AIDS institute of the state depart-
19 ment of health, and initiatives to assist
20 individuals who are uninsured or underin-
21 sured afford treatment appointments and
22 medications.
23 Notwithstanding any other provision of law,
24 the money hereby appropriated may be
25 transferred to state operations and/or any
26 appropriation of the office of addiction
27 services and supports, with the approval
28 of the director of the budget.
29 Notwithstanding any inconsistent provisions
30 of law, moneys from this appropriation may
31 be used for expenses of localities,
32 nonprofit and for-profit agencies that may
33 arise from the assumption of operational
34 responsibilities for programs when operat-
35 ing certificates for such programs cease
36 to be in effect and/or programs are placed
37 into receivership pursuant to section
38 19.41 of the mental hygiene law.
39 Notwithstanding any provision of law to the
40 contrary, funding made available by this
41 appropriation may be transferred to health
42 research incorporated (HRI) with the
43 approval of the director of the budget.
44 Notwithstanding any provision of law to the
45 contrary, a portion of the funds appropri-
46 ated herein may be suballocated, subject
47 to the approval of the director of the
48 budget, to the state department of health
1038 12653-09-2
1 to accomplish the purpose of this appro-
2 priation …………………………….. 200,000,000
3 ————–
4 Program account subtotal …………….. 200,000,000
2) The final Aid to Localities Budget bill includes the Governor’s proposed $35 million appropriation for 988 (commitment for $60 million in 2022-24 FY). The Health/Medicaid and Mental Hygiene Article VII budget Bill includes legislation that amends the Mental Hygiene Law to establish joint authority, infrastructure, policies and standards for OMH and OASAS for the 988 crisis response system.
See both the appropriation ($35 million) and legislation below:
28 Notwithstanding any inconsistent provision
29 of law, funds appropriated herein shall be
30 made available for the payment of costs as
31 determined by the commissioner of the
32 office of mental health in consultation
33 with the commissioner of the office of
34 addiction services and supports associated
35 with the administration, design, installa-
36 tion, construction, operation, or mainte-
37 nance of a 9-8-8 suicide prevention and
38 behavioral health crisis hotline system
39 serving the state. Such costs shall
40 include, but not be limited to: staffing,
41 hardware, software, consultants, financing
42 and other administrative costs to operate
43 crisis call-centers throughout the state
44 and the provision of acute and crisis
45 services for mental health and substance
46 use disorder by directly responding to the
47 9-8-8 hotline established pursuant to the
48 National Suicide Hotline Designation Act
49 of 2020 (47 U.S.C. § 251(e)) and rules
50 adopted by the Federal Communication
1056 12653-09-2
DEPARTMENT OF MENTAL HYGIENE
OFFICE OF MENTAL HEALTH
AID TO LOCALITIES 2022-23
1 Commission. Such costs incurred by the
2 state, shall not supplant any separate
3 existing, future appropriations, or future
4 funding sources dedicated to the 9-8-8
5 crisis response system …………………. 35,000,000
The final Article VII Health/Medicaid and MH Budget includes the language for 988 (very similar to what was proposed by the Executive – includes definitions of BH professionals, peers and additional metrics to be reported)
Here is the language:
PART EE
16 Section 1. Short title. This act shall be known and may be cited as
17 the “9-8-8 suicide prevention and behavioral health crisis hotline act”.
18 § 2. The mental hygiene law is amended by adding a new section 36.03
19 to read as follows:
20 § 36.03 9-8-8 suicide prevention and behavioral health crisis hotline
21 system.
22 (a) Definitions. When used in this article, the following words and
23 phrases shall have the following meanings unless the specific context
24 clearly indicates otherwise:
25 (1) “9-8-8” means the three digit phone number designated by the
26 federal communications commission for the purpose of connecting individ-
27 uals experiencing a behavioral health crisis with suicide prevention and
28 behavioral health crisis counselors, mobile crisis teams, and crisis
29 stabilization services and other behavioral health crises services
30 through the national suicide prevention lifeline.
31 (2) “9-8-8 crisis hotline center” means a state-identified and funded
32 center participating in the National Suicide Prevention Lifeline Network
33 to respond to statewide or regional 9-8-8 calls.
34 (3) “Crisis stabilization centers” means facilities providing short-
35 term observation and crisis stabilization services jointly licensed by
36 the office of mental health and the office of addiction services and
37 supports under section 36.01 of this article.
38 (4) “Crisis residential services” means a short-term residential
39 program designed to provide residential and support services to persons
40 with symptoms of mental illness who are at risk of or experiencing a
41 psychiatric crisis.
42 (5) “Crisis intervention services” means the continuum to address
43 crisis intervention, crisis stabilization, and crisis residential treat-
44 ment needs that are wellness, resiliency, and recovery oriented. Crisis
45 intervention services include but not limited to: crisis stabilization
46 centers, mobile crisis teams, and crisis residential services.
47 (6) “Behavioral health professional” shall mean any of the following,
48 but shall not be limited to:
49 (i) a licensed clinical social worker, licensed under article one
50 hundred fifty-four of the education law;
51 (ii) a licensed psychologist, licensed under article one hundred
52 fifty-three of the education law;
53 (iii) a registered professional nurse, licensed under article one
54 hundred thirty-nine of the education law;
S. 8007–C 62 A. 9007–C
1 (iv) a licensed master social worker, licensed under article one
2 hundred fifty-four of the education law, under the supervision of a
3 physician, psychologist or licensed clinical social worker;
4 (v) a licensed mental health counselor, licensed under article one
5 hundred sixty-three of the education law; or
6 (vi) a credentialed alcoholism and substance use counselor with a
7 valid credential issued or approved by the office of addiction services
8 and supports.
9 (7) “Certified peer specialist” means an individual who is certified
10 as a peer in New York state from a certifying authority recognized by
11 the commissioner of the office of mental health.
12 (8) “Certified recovery peer advocate” means an individual who holds a
13 certification issued by an entity approved and recognized by the commis-
14 sioner of the office of addiction services and supports.
15 (9) “Credentialed family peer advocate” means an individual who is
16 credentialed as a peer in New York state from a certifying authority
17 recognized by the commissioner of the office of mental health or the
18 commissioner of the office of addiction services and supports.
19 (10) “Credentialed youth peer advocate” means an individual who is
20 credentialed as a peer in New York state from a certifying authority
21 recognized by the commissioner of the office of mental health or the
22 commissioner of the office of addiction services and supports.
23 (11) “Mobile crisis teams” means a team licensed, certified, or
24 authorized by the office of mental health and the office of addiction
25 services and supports to provide community-based mental health or
26 substance use disorder interventions for individuals who are experienc-
27 ing a mental health or substance use disorder crisis. Members of a
28 mobile crisis team may include, but not be limited to: behavioral health
29 professionals, certified peer specialists, certified recovery peer advo-
30 cates, credentialed family peer advocates, and credentialed youth peer
31 advocates.
32 (12) “National suicide prevention lifeline” or “NSPL” means the
33 national network of local crisis centers that provide free and confiden-
34 tial emotional support to people in suicidal crisis or emotional
35 distress twenty-four hours a day, seven days a week via a toll-free
36 hotline number, which receives calls made through the 9-8-8 system. The
37 toll-free number is maintained by the Assistant Secretary for Mental
38 Health and Substance Use under Section 50-E-3 of the Public Health
39 Service Act, Section 290bb-36c of Title 42 of the United States Code.
40 (b) The commissioner of the office of mental health, in conjunction
41 with the commissioner of the office of addiction services and supports,
42 shall have joint oversight of the 9-8-8 suicide prevention and behav-
43 ioral health crisis hotline and shall work in concert with NSPL for the
44 purposes of ensuring consistency of public messaging.
45 (c) The commissioner of the office of mental health, in conjunction
46 with the commissioner of the office of addiction services and supports,
47 shall, on or before July sixteenth, two thousand twenty-two, designate a
48 crisis hotline center or centers to provide or arrange for crisis inter-
49 vention services to individuals accessing the 9-8-8 suicide prevention
50 and behavioral health crisis hotline from anywhere within the state
51 twenty-four hours a day, seven days a week. Each 9-8-8 crisis hotline
52 center shall do all of the following:
53 (1) A designated hotline center shall have an active agreement with
54 the administrator of the National Suicide Prevention Lifeline for
55 participation within the network.
S. 8007–C 63 A. 9007–C
1 (2) A designated hotline center shall meet NSPL requirements and best
2 practices guidelines for operation and clinical standards.
3 (3) A designated hotline center may utilize technology, including but
4 not limited to, chat and text that is interoperable between and across
5 the 9-8-8 suicide prevention and behavioral health crisis hotline system
6 and the administrator of the National Suicide Prevention Lifeline.
7 (4) A designated hotline center shall accept transfers of any call
8 from 9-1-1 pertaining to a behavioral health crisis.
9 (5) A designated hotline center shall ensure coordination between the
10 9-8-8 crisis hotline centers, 9-1-1, behavioral health crisis services,
11 and, when appropriate, other specialty behavioral health warm lines and
12 hotlines and other emergency services. If a law enforcement, medical,
13 or fire response is also needed, 9-8-8 and 9-1-1 operators shall coordi-
14 nate the simultaneous deployment of those services with mobile crisis
15 services.
16 (6) A designated hotline center shall have the authority to deploy
17 crisis intervention services, including but not limited to mobile crisis
18 teams, and coordinate access to crisis stabilization centers, and other
19 crisis intervention services, as appropriate, and according to guide-
20 lines and best practices established by New York State and the NSPL.
21 (7) A designated hotline center shall meet the requirements set forth
22 by New York State and the NSPL for serving high risk and specialized
23 populations including but not limited to: Black, African American,
24 Hispanic, Latino, Asian, Pacific Islander, Native American, Alaskan
25 Native; lesbian, gay, bisexual, transgender, nonbinary, queer, and ques-
26 tioning individuals; veterans; members of rural communities; individuals
27 with intellectual and developmental disabilities; individuals experienc-
28 ing homelessness or housing instability; immigrants and refugees; chil-
29 dren and youth; older adults; and religious communities as identified by
30 the federal Substance Abuse and Mental Health Services Administration,
31 including training requirements and policies for providing linguis-
32 tically and culturally competent care.
33 (8) A designated hotline center shall provide follow-up services as
34 needed to individuals accessing the 9-8-8 suicide prevention and behav-
35 ioral health crisis hotline consistent with guidance and policies estab-
36 lished by New York State and the NSPL.
37 (9) A designated hotline center shall provide data, and reports, and
38 participate in evaluations and quality improvement activities as
39 required by the office of mental health and the office of addiction
40 services and supports.
41 (d) The commissioner of the office of mental health, in conjunction
42 with the commissioner of the office of addiction services and supports,
43 shall establish a comprehensive list of reporting metrics regarding the
44 9-8-8 suicide prevention and behavioral health crisis hotline’s usage,
45 services and impact which, to the maximum extent practicable, shall
46 include, at a minimum:
47 (1) The volume of requests for assistance that the 9-8-8 suicide
48 prevention and behavioral health crisis hotline received;
49 (2) The average length of time taken to respond to each request for
50 assistance, and the aggregate rates of call abandonment;
51 (3) The types of requests for assistance that the 9-8-8 suicide
52 prevention and behavioral health crisis hotline received;
53 (4) The number of mobile crisis teams dispatched;
54 (5) The number of individuals engaged by mobile crisis teams;
55 (6) The number of individuals transported by mobile crisis teams to
56 crisis intervention services or other behavioral health crisis services;
S. 8007–C 64 A. 9007–C
1 (7) The number of individuals engaged by mobile crisis teams trans-
2 ported to an emergency room;
3 (8) The number of individuals transferred by mobile crisis teams to
4 the custody of law enforcement;
5 (9) The number of times a mobile crisis team was the first responder
6 to a behavioral health crisis and the mobile crisis team had to request
7 deployment of law enforcement; and
8 (10) The age, gender, race, and ethnicity of the individual, if
9 reasonably ascertainable, of individuals contacted, transported, or
10 transferred by each mobile crisis team.
11 (e) The commissioner of the office of mental health, in conjunction
12 with the commissioner of the office of addiction services and supports,
13 shall submit an annual report on or by December thirty-first, two thou-
14 sand twenty-three and annually thereafter, regarding the comprehensive
15 list of reporting metrics to the governor, the temporary president of
16 the senate, the speaker of the assembly, the minority leader of the
17 senate and the minority leader of the assembly.
18 (f) Moneys allocated for the payment of costs determined in consulta-
19 tion with the commissioners of mental health and the office of addiction
20 services and supports associated with the administration, design,
21 installation, construction, operation, or maintenance of a 9-8-8 suicide
22 prevention and behavioral health crisis hotline system serving the
23 state, including, but not limited to: staffing, hardware, software,
24 consultants, financing and other administrative costs to operate crisis
25 call-centers throughout the state and the provision of acute and crisis
26 services for mental health and substance use disorder by directly
27 responding to the 9-8-8 hotline established pursuant to the National
28 Suicide Hotline Designation Act of 2020 (47 U.S.C. § 251a) and rules
29 adopted by the Federal Communications Commission, including such costs
30 incurred by the state, shall not supplant any separate existing, future
31 appropriations, or future funding sources dedicated to the 9-8-8 crisis
32 response system.
33 § 3. This act shall take effect immediately.