Faced with another proposal in Gov. Andrew Cuomo’s 2020-21 executive budget that shifts more costs to municipalities, the Genesee County Legislature today unanimously passed a resolution calling on state senators and assembly members to overturn a plan to shift the total expense of mental health competency restoration services to counties.
Cuomo’s spending plan makes counties responsible for 100 percent of the Office of Mental Health State Operations costs for certain individuals receiving mental health treatment at State-operated Forensic Psychiatric Centers – up from the current 50-percent model.
Genesee County officials believe an increase of this magnitude would adversely affect the quantity and quality of local behavioral health programs to help those with mental illness and development disabilities.
“I think this would definitely have a significant financial impact,” said Lynda Battaglia, director of Genesee County Mental Health Services. “Counties, overall, may not have anybody that needs restoration for a year or two, and then the following year they might have four or five. It’s a little bit challenging to budget for something that can be extremely unpredictable.”
The county paid $64,000 in 2018 and $78,000 in 2019 for restoration services to the OMH and an additional $23,000 in 2018 and $75,000 in 2019 to the Office for People with Development Disabilities. These figures represent half of the total cost of these services.
This year’s budgeted amount for OMH is $60,000.
Battaglia said expenses are incurred for individuals who have been arrested for a crime and have been deemed incompetent to stand trial.
“Therefore, they need to be restored to competency so they have an understanding of the court proceedings and the charges being brought against them so they can aid in their defense if needed,” she said. “If they are found to be needing restoration, they go to a state forensic unit for the service -- for the restoration. And the length of time for restoration is really just dependent upon every individual.”
People with developmental disabilities who have found themselves in the criminal justice system also need restoration and counties are responsible for them as well, she added.
The resolution continues to state that counties are not privy to any information about the treatment for which they are paying, unlike other payors “for medical services (that) are clearly entitled both under HIPAA and MHL (Mental Hygiene Law) to receive information about the services for which payment is sought” and that depending on the “medical or surgical treatment required (the cost) could be hundreds of thousands of dollars and have devastating impacts on county budgets.”
County Manager Jay Gsell said this is another example of the governor placing more weight on the counties’ shoulders.
“NYSAC (NYS Association of Counties) told us that this looks like it’s going to stick in the new budget so you need to come up with some kind of strategy as to how you’re going to react to it,” Gsell said. “We’re finding out with the state budget that they did these things at the very last minute. How do you keep up with this stuff? Now, we know that the budget we adopted four or five months ago is no longer the same.”
In another development, Gsell spoke about the "trial run" on Monday of the county Emergency Management alert that went out to mobile devices.
"It's a work in progress," he said, acknowledging that certain devices did not receive the alerts. "We're using it to reinforce 'safer at home' and 'no social gathering' messages. It's not refined yet, but hopefully will be in a few days or week."
In other action, legislators -- during their video conferencing meeting on Zoom and YouTube:
-- Read proclamations noting “County Government Month” and “Public Safety Telecommunicators’ Week (April 12-18).
The first one recognizes Genesee County for its commitment to keeping systems moving during what Gsell called a “trying but encouraging time” and the other thanks 9-1-1 center dispatchers for exemplary service to citizens, police officers and firefighters, especially as they have been “tested during this current pandemic.”
-- Appropriated $3,107 to the Genesee County Chamber of Commerce’s Business Education Alliance for the 2020 calendar year.
-- Voted to fund, through the Genesee County STOP-DWI program, a $3,778 purchase of MARijuana Driving Experience (MARED) campaign kits and accessories for the City of Batavia Police Department.
