New York 2025-2026 Regular Session

New York Senate Bill S09185

Introduced
2/12/26  

Caption

Establishes further procedures for assisted outpatient treatment and community adherence plans prior to a person being discharged from the plan; requires the office of mental health track data on assisted outpatient treatment orders; requires the commissioner of mental health create standardized forms for assisted outpatient discharge.

Impact

The act is designed to amend the existing Mental Hygiene Law to provide stricter oversight concerning the discharge of individuals who may pose a risk to themselves or others. By mandating a standardized review process for AOT prior to discharge, the bill strengthens the safeguards for patients, ensuring that their mental health needs are monitored consistently. Furthermore, it stipulates immediate re-evaluations of individuals who experience violent incidents post-discharge, thereby promoting a proactive approach in managing potential crises and ensuring public safety.

Summary

Bill S09185, titled the 'Involuntary Care Continuity and Safety Act of 2026,' seeks to enhance the processes surrounding assisted outpatient treatment (AOT) and ensure continuity of care for individuals with serious mental health issues. This legislation is introduced to address identified gaps in mental health care, particularly related to discharge from involuntary commitments. It aims to standardize eligibility reviews for AOT before discharge and to establish a more coherent framework for managing community care plans. Through these measures, the bill intends to mitigate the recurrence of hospitalizations and stabilize individuals post-treatment, ultimately decreasing the cycles that lead to victimization and harm.

Contention

However, the bill is not without contention. Critics raise concerns about the implications for due process and the rights of individuals with mental illness. While the act emphasizes the inclusion of clinical discretion and the least-restrictive alternatives, there are apprehensions that these measures may still inadvertently lead to increased coercion or involuntary treatment for individuals who may not need it. The balance between community safety and individual rights remains a contentious point in the discussions surrounding this legislation.

Companion Bills

No companion bills found.

Previously Filed As

NY AB1205

Mental health services: assisted outpatient treatment.

NY HB424

Mental health; authorize assisted outpatient treatment (AOT) as alternative to impatient commitment for certain persons.

NY AB1676

Mental health services: assisted outpatient treatment: involuntary medication.

NY HB06551

An Act Concerning Assisted Outpatient Treatment For Persons With Severe Mental Illness.

NY SB0220

Mental health: other; hospital evaluations for assisted outpatient treatment; expand. Amends secs. 206a & 429 of 1974 PA 258 (MCL 330.1206a & 330.1429).

NY SB0222

Mental health: other; petition for access to assisted outpatient treatment; expand to additional health providers. Amends sec. 473 of 1974 PA 258 (MCL 330.1473).

NY HB4413

Mental health: other; hospital evaluations for assisted outpatient treatment; expand. Amends secs. 206a & 429 of 1974 PA 258 (MCL 330.1206a & 330.1429).

NY HB3587

Mental health; authorizing court-ordered outpatient treatment; effective date.

NY HB2088

Creates provisions relating to court-ordered involuntary outpatient treatment for persons with mental disorders

NY HB3313

Creates provisions relating to court-ordered involuntary outpatient treatment for persons with mental disorders

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