Testimony Before the Joint Legislative Budget Hearing on Mental Hygiene

We submit this testimony to express the NYCLU’s concerns about several proposals in the FY 2025 Health and Mental Hygiene (HMH) Article VII bills. First, we express grave concerns regarding Governor Hochul’s proposed changes to Article 9 of the N.Y. Mental Hygiene Law, including the policy and legal deficiencies with respect to the definitional changes proposed to § 9.01 and the changes proposed to § 9.60 (“Kendra’s Law”) that are set forth in HMH Part EE. Second, we address the risks of compromise to our State’s recently enacted shield laws for medical professionals who perform reproductive health care and gender affirming cares that is implicated by the State entering into an interstate nursing compact as proposed in HMH Part W. And third, we express our opposition to the Office for People with Developmental Disabilities (OPWDD) managed care extender proposed in HMH Part CC.

We also offer a number of recommendations for the Legislature to consider concerning alternative evidence-based programs and other initiatives that will strengthen the public mental health system’s ability to respond to the needs of individuals with serious mental illness. Our recommendations fall into several categories, encompassing oversight and accountability measures, housing, peer services and family support programs, consensual care delivery accomplished by way of enhanced voluntary services packages in lieu of involuntary outpatient commitment orders, expansion of community-based preventative services offered by the Assertive Community Treatment (ACT) and Forensic ACT teams; as well as workforce support and workforce development measures.