A Fresh Look at Kendra's Law Implementation

Kendra’s Law:
A Fresh Look
Rebecca Briney, LMSW
Lisa Dixon, M.D., M.P.H.
Disclosures
Presenter Name(s): Rebecca Briney, LMSW and
Lisa Dixon, MD, MPH
These planners and presenters do not have any
financial arrangements or affiliations with any
commercial entities whose product, research, or
services may be discussed in these materials.
Objectives
To specify the regional and statewide leadership and
standard communication paths
To highlight SAFE Act updates to AOT
To highlight issues and challenges related to the AOT
timeline
To highlight some clinical perspectives on AOT orders
and implementation
Objectives
To specify the regional and statewide leadership and
standard communication paths
To highlight SAFE Act updates to AOT
To highlight issues and challenges related to the AOT
timeline
To highlight some clinical perspectives on AOT orders
and implementation
New OMH Staff – Albany
Rebecca Briney – Statewide Director
 Rebecca.Briney@omh.ny.gov
Nancy Pepe – Counsel for AOT
Nancy.Pepe@omh.ny.gov
Tom Gottehrer – Program Specialist
 
Tom.Gottehrer@omh.ny.gov
Natalie Bowen– Administrative Support
 
Natalie.Bowen@omh.ny.gov
 
Additional Contact Info
 
OMH Central Office AOT team
 
518-402-4233
 
NYS OMH
 
44 Holland Ave.
 
7
th
 Floor
 
Albany, NY 12229
Statewide AOT Team
AOT Regional Coordinators appointed by the
Commissioner at each of OMH’s five field offices.
NYC – Paul Iappini  - 212-330-6376
Paul.Iappini@omh.ny
Central NY – Duane Hall – 315-426-3948
Duane.Hall@omh.ny.gov
Statewide AOT Team
Western NY – Elizabeth Haley – 716-533-4080
Elizabeth.Haley@omh.ny.gov
Long Island – Zinnat Rahman - 631-761-2092
Zinnat.Rahman@omh.ny.gov
Hudson River – Cherie Seidewand -  845-454-8229
Cherie.Seidewand@omh.ny.gov
Communication Flow
Statewide OMH AOT Team:
Monthly Video Teleconferences
Quarterly in-person meetings in Albany
In-Person Regional meetings hosted by OMH Regional
Coordinators at least annually for county AOT
Coordinators
Communication flow in your county with key players?
Communication Flow
Information Sharing
 
Send court order information via fax to your counties
 
AOT secure fax account
Allows county AOT staff to securely send info via a fax,
that will be received in email format at the field office
receiving end.  Makes paperless filing possible and
decreases information security concerns.
Regional Secure AOT Fax
Account Numbers
Long Island – 877-849-1068
NYC – 877-468-1530 or 877-849-1063
Central –  877-838-1829
Western – 877-849-1064
Hudson – 877-849-1067
Objectives
To specify the regional and statewide leadership and
standard communication paths
To highlight SAFE Act updates to AOT
To highlight issues and challenges related to the AOT
timeline
To highlight some clinical perspectives on AOT orders
and implementation
SAFE Act – Effective 3/16/13
Length of the order – “up to one year” (9.60(j)(2))
Transfers across counties (9.48(2)(c))
Individuals returning to the community from CNYPC
inpatient units
Safe Act
Formalized DCS role in evaluating the need for AOT
orders to be renewed (9.60(k)(1))
Petitions can be filed even when a client can’t be
located (9.60(k)(1))
Orders remain in effect while renewals are pending
(9.60(k)(2))
Objectives
To specify the regional and statewide leadership and
standard communication paths
To highlight SAFE Act updates to AOT
To highlight issues and challenges related to the AOT
timeline
To highlight some clinical perspectives on AOT orders
and implementation
AOT Time Lines
Hearings need to be scheduled within 3 days of filing of
petition or renewal (9.60(h)(1))
Repeated adjournments and delays compromise
implementation of order (9.60(h)(1))
Serving signed final orders to the DCS enables them to
meet their statutory responsibilities (9.60(j)(6)
Routine court schedule and routine staff for AOT can
help
Renewing an Order
Examining physician makes a clinical determination
regarding whether to renew the AOT order
Renewal of order does NOT require that the individual
meet either the 36 m or 48 m criteria regarding previous
hospitalization or acts of violence
Renewing an Order
Nota Bene: Timing is key. DCS must apply to renew
order within 30 days of termination of order. If that does
not happen, and the order is allowed to expire, the next
order is no longer considered a renewal, but rather an
initial petition, and the criteria regarding violence and
hospitalization DO apply
The order can continue to be renewed as long as the
individual continues to meet all of the other criteria and
it is clinically determined that (s)he is 
likely to benefit
from the order 
Renewing an Order
Criteria for renewal of order does NOT require an episode of
noncompliance or the initiation of a removal order
Examining physician makes a clinical determination and
     considers level of risk associated with past behaviors
     (9.60(c)(3))
Renewing an Order
In assessing likelihood of benefit, clinician must
consider a range of issues including awareness and
appreciation of illness, impact of “order” on behavior,
and other supports
The length of the order requested takes into account the
treatment team’s experience with that individual and the
expectation of what will occur in the timeframe
AOT Is Not the Same As ACT
AOT = Assisted  Outpatient Treatment
County operated referral and monitoring program
that does not provide direct treatment
ACT = Assertive Community Treatment
An evidence based practice in which a community
based treatment team that provides care
management, psychiatry and clinical services
Many, BUT NOT ALL, AOT clients receive ACT services
Many, BUT NOT ALL, ACT clients are on AOT orders
The AOT Process: Challenges for
Psychiatrists Providing Testimony
Systemically, overall shortage of psychiatrists
Time for court appearances very precious
Problematic impact of inability to coordinate court
schedule with physician’s availability
Nobody can stand in for psychiatrist
Physicians will routinely obtain and utilize information in
the clinical record
Clinical Perspectives: Consideration
of Injectable Mediations
Disorders experienced by people with AOT orders have
a range of evidence-based medication treatments, e.g.,
psychosis, depression, mania
Most people have difficulty with adherence
Long acting medications (sometimes injectable) can
help people remain adherent in a number of disorders
Case examples
AOT “Manual” – Online Resources
 
OMH AOT portal has been updated
https://my.omh.ny.gov/bi/aot
State and County Contact info
Safe Act updates including AOT forms
Guidance tab added
Transfers across counties
AOT Care Management – Health Home Plus
Reporting Requirements
Conclusion/Summary
 
Clinical challenges in implementation of AOT include
optimally using the contributions of psychiatry and
understanding clinical decision making around AOT
renewal decisions
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This presentation explores the implementation of Kendra's Law from a fresh perspective, covering regional leadership, communication paths, SAFE Act updates, challenges, and clinical insights. It also introduces key staff members and contact information related to Assisted Outpatient Treatment (AOT).

  • Kendras Law
  • AOT
  • Implementation
  • Mental Health
  • OMH

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  1. Kendras Law: A Fresh Look Rebecca Briney, LMSW Lisa Dixon, M.D., M.P.H.

  2. Disclosures Presenter Name(s): Rebecca Briney, LMSW and Lisa Dixon, MD, MPH These planners and presenters do not have any financial arrangements or affiliations with any commercial entities whose product, research, or services may be discussed in these materials.

  3. Objectives To specify the regional and statewide leadership and standard communication paths To highlight SAFE Act updates to AOT To highlight issues and challenges related to the AOT timeline To highlight some clinical perspectives on AOT orders and implementation

  4. Objectives To specify the regional and statewide leadership and standard communication paths To highlight SAFE Act updates to AOT To highlight issues and challenges related to the AOT timeline To highlight some clinical perspectives on AOT orders and implementation

  5. New OMH Staff Albany Rebecca Briney Statewide Director Rebecca.Briney@omh.ny.gov Nancy Pepe Counsel for AOT Nancy.Pepe@omh.ny.gov Tom Gottehrer Program Specialist Tom.Gottehrer@omh.ny.gov Natalie Bowen Administrative Support Natalie.Bowen@omh.ny.gov

  6. Additional Contact Info OMH Central Office AOT team 518-402-4233 NYS OMH 44 Holland Ave. 7thFloor Albany, NY 12229

  7. Statewide AOT Team AOT Regional Coordinators appointed by the Commissioner at each of OMH s five field offices. NYC Paul Iappini - 212-330-6376 Paul.Iappini@omh.ny Central NY Duane Hall 315-426-3948 Duane.Hall@omh.ny.gov

  8. Statewide AOT Team Western NY Elizabeth Haley 716-533-4080 Elizabeth.Haley@omh.ny.gov Long Island Zinnat Rahman - 631-761-2092 Zinnat.Rahman@omh.ny.gov Hudson River Cherie Seidewand - 845-454-8229 Cherie.Seidewand@omh.ny.gov

  9. Communication Flow Statewide OMH AOT Team: Monthly Video Teleconferences Quarterly in-person meetings in Albany In-Person Regional meetings hosted by OMH Regional Coordinators at least annually for county AOT Coordinators Communication flow in your county with key players?

  10. Communication Flow Information Sharing Send court order information via fax to your counties AOT secure fax account Allows county AOT staff to securely send info via a fax, that will be received in email format at the field office receiving end. Makes paperless filing possible and decreases information security concerns.

  11. Regional Secure AOT Fax Account Numbers Long Island 877-849-1068 NYC 877-468-1530 or 877-849-1063 Central 877-838-1829 Western 877-849-1064 Hudson 877-849-1067

  12. Objectives To specify the regional and statewide leadership and standard communication paths To highlight SAFE Act updates to AOT To highlight issues and challenges related to the AOT timeline To highlight some clinical perspectives on AOT orders and implementation

  13. SAFE Act Effective 3/16/13 Length of the order up to one year (9.60(j)(2)) Transfers across counties (9.48(2)(c)) Individuals returning to the community from CNYPC inpatient units

  14. Safe Act Formalized DCS role in evaluating the need for AOT orders to be renewed (9.60(k)(1)) Petitions can be filed even when a client can t be located (9.60(k)(1)) Orders remain in effect while renewals are pending (9.60(k)(2))

  15. Objectives To specify the regional and statewide leadership and standard communication paths To highlight SAFE Act updates to AOT To highlight issues and challenges related to the AOT timeline To highlight some clinical perspectives on AOT orders and implementation

  16. AOT Time Lines Hearings need to be scheduled within 3 days of filing of petition or renewal (9.60(h)(1)) Repeated adjournments and delays compromise implementation of order (9.60(h)(1)) Serving signed final orders to the DCS enables them to meet their statutory responsibilities (9.60(j)(6) Routine court schedule and routine staff for AOT can help

  17. Renewing an Order Examining physician makes a clinical determination regarding whether to renew the AOT order Renewal of order does NOT require that the individual meet either the 36 m or 48 m criteria regarding previous hospitalization or acts of violence

  18. Renewing an Order Nota Bene: Timing is key. DCS must apply to renew order within 30 days of termination of order. If that does not happen, and the order is allowed to expire, the next order is no longer considered a renewal, but rather an initial petition, and the criteria regarding violence and hospitalization DO apply The order can continue to be renewed as long as the individual continues to meet all of the other criteria and it is clinically determined that (s)he is likely to benefit from the order

  19. Renewing an Order Criteria for renewal of order does NOT require an episode of noncompliance or the initiation of a removal order Examining physician makes a clinical determination and considers level of risk associated with past behaviors (9.60(c)(3))

  20. Renewing an Order In assessing likelihood of benefit, clinician must consider a range of issues including awareness and appreciation of illness, impact of order on behavior, and other supports The length of the order requested takes into account the treatment team s experience with that individual and the expectation of what will occur in the timeframe

  21. AOT Is Not the Same As ACT AOT = Assisted Outpatient Treatment County operated referral and monitoring program that does not provide direct treatment ACT = Assertive Community Treatment An evidence based practice in which a community based treatment team that provides care management, psychiatry and clinical services Many, BUT NOT ALL, AOT clients receive ACT services Many, BUT NOT ALL, ACT clients are on AOT orders

  22. The AOT Process: Challenges for Psychiatrists Providing Testimony Systemically, overall shortage of psychiatrists Time for court appearances very precious Problematic impact of inability to coordinate court schedule with physician s availability Nobody can stand in for psychiatrist Physicians will routinely obtain and utilize information in the clinical record

  23. Clinical Perspectives: Consideration of Injectable Mediations Disorders experienced by people with AOT orders have a range of evidence-based medication treatments, e.g., psychosis, depression, mania Most people have difficulty with adherence Long acting medications (sometimes injectable) can help people remain adherent in a number of disorders Case examples

  24. AOT Manual Online Resources OMH AOT portal has been updated https://my.omh.ny.gov/bi/aot State and County Contact info Safe Act updates including AOT forms Guidance tab added Transfers across counties AOT Care Management Health Home Plus Reporting Requirements

  25. Conclusion/Summary Clinical challenges in implementation of AOT include optimally using the contributions of psychiatry and understanding clinical decision making around AOT renewal decisions

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