N.Y. Mental Hygiene Law Section 36.04
Certified community behavioral health clinics


(a)

The commissioners are authorized to jointly certify community behavioral health clinics, subject to the availability of state and federal funding.

(b)

Certified community behavioral health clinics shall provide coordinated, comprehensive behavioral health care, including mental health and addiction services, primary care screening, and case management services, in accordance with certified community behavioral health clinic standards established by the United States department of health and human services substance abuse and mental health services administration and the commissioners of the office of mental health and the office of addiction services and supports.

(c)

The commissioners shall require each proposed certified community behavioral health clinic to submit a plan, which shall be approved by the commissioners prior to the issuance of an operating certificate pursuant to this article. Such plan shall include:

(1)

a description of the clinic’s character and competency to provide certified community behavioral health clinic services across the lifespan, including how the clinic will ensure access to crisis services at all times and accept all patients regardless of ability to pay;

(2)

a description of the clinic’s catchment area;

(3)

a statement indicating that the clinic has been included in an approved local services plan developed pursuant to article 41 (Local Services)article forty-one of this title for each local government located within the clinic’s catchment area;

(4)

where executed, agreements establishing formal relationships with designated collaborating organizations to provide certain certified community behavioral health clinic services, consistent with guidance issued by the United States department of health and human services substance abuse and mental health services administration and the office of mental health and the office of addiction services and supports;

(5)

a staffing plan driven by local needs assessment, licensing, and training to support service delivery;

(6)

a description of the clinic’s data-driven approach to quality improvement;

(7)

a description of how consumers are represented in governance of the clinic;

(8)

all financial information in the form and format required by the office of mental health and the office of addiction services and supports; and

(9)

any other information or agreements required by the commissioners.

(d)

Where a certified community behavioral health clinic has been established and is participating on the effective date of this section in the federal certified community behavioral health clinic demonstration awarded to the state by the United States department of health and human services substance abuse and mental health services administration, the previously established clinic may be certified where the clinic demonstrates compliance with the certification standards established pursuant to this article.

(e)

The commissioners shall promulgate any rule or regulation necessary to effectuate this section. * NB Effective November 3, 2023

Source: Section 36.04 — Certified community behavioral health clinics, https://www.­nysenate.­gov/legislation/laws/MHY/36.­04 (updated May 12, 2023; accessed May 11, 2024).

Accessed:
May 11, 2024

Last modified:
May 12, 2023

§ 36.04’s source at nysenate​.gov

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