Bill Text: NY A01038 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes the office of addiction and mental health services.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced) 2024-01-03 - referred to alcoholism and drug abuse [A01038 Detail]
Download: New_York-2023-A01038-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1038--A 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. KELLES, BURDICK, GONZALEZ-ROJAS, EPSTEIN, CONRAD, BORES, K. BROWN -- read once and referred to the Committee on Alcohol- ism and Drug Abuse -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to creating the office of addiction and mental health services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 2 and 2-a of section 1.03 of the mental 2 hygiene law, subdivision 2 as amended and subdivision 2-a as added by 3 chapter 281 of the laws of 2019, are amended to read as follows: 4 2. "Commissioner" means the commissioner of [mental health,] 5 addiction and mental health services and the commissioner of develop- 6 mental disabilities [and the commissioner of addiction services and7supports] as used in this chapter. Any power or duty heretofore assigned 8 to the commissioner of mental hygiene or to the department of mental 9 hygiene pursuant to this chapter shall hereafter be assigned to the 10 commissioner of [mental health] addiction and mental health services in 11 the case of facilities, programs, or services for individuals with 12 [mental illness] a mental health diagnosis, to the commissioner of 13 developmental disabilities in the case of facilities, programs, or 14 services for individuals with developmental disabilities, to the commis- 15 sioner of addiction [services] and [supports] mental health services in 16 the case of facilities, programs, or addiction disorder services in 17 accordance with the provisions of titles D and E of this chapter. 18 2-a. Notwithstanding any other section of law or regulation, on and 19 after the effective date of this subdivision, any and all references to 20 the office of alcoholism and substance abuse services and the predeces- 21 sor agencies to the office of alcoholism and substance abuse services 22 including the division of alcoholism and alcohol abuse and the division 23 of substance abuse services and all references to the office of mental EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03499-02-3A. 1038--A 2 1 health, shall be known as the "office of addiction [services] and 2 [supports] mental health services." Nothing in this subdivision shall 3 be construed as requiring or prohibiting the further amendment of stat- 4 utes or regulations to conform to the provisions of this subdivision. 5 § 2. Section 5.01 of the mental hygiene law, as amended by chapter 281 6 of the laws of 2019, is amended and two new sections 5.01-a and 5.01-b 7 are added to read as follows: 8 § 5.01 Department of mental hygiene. 9 There shall continue to be in the state government a department of 10 mental hygiene. Within the department there shall be the following 11 autonomous offices: 12 (1) office of addiction and mental health services; and 13 (2) office for people with developmental disabilities[;14(3) office of addiction services and supports]. 15 § 5.01-a Office of addiction and mental health services. 16 (a) The office of addiction and mental health services shall be a new 17 office within the department formed by the integration of the offices 18 and services of mental health and addiction services and supports which 19 shall focus on the integration of care and issues related to both mental 20 illness and addiction in the state and carry out the intent of the 21 legislature in establishing the offices pursuant to articles seven and 22 nineteen of this chapter. The office of addiction and mental health 23 services is charged with ensuring the development of comprehensive plans 24 for the integration of programs and services in the area of research, 25 prevention, care and treatment, co-occurring disorders, rehabilitation, 26 education and training, and shall be staffed to perform the responsibil- 27 ities attributed to the office pursuant to sections 7.07 and 19.07 of 28 this chapter and provide integrated services and programs to promote 29 recovery for individuals with a mental health diagnosis, substance use 30 disorder, or a mental health diagnosis and substance use disorder. 31 (b) The commissioner of the office of addiction and mental health 32 services shall be vested with the powers, duties, and obligations of the 33 office of mental health and the office of addiction services and 34 supports. Additionally, two deputy commissioners shall be appointed, 35 one deputy commissioner to represent addiction services and supports, 36 which shall be prominently represented to ensure the needs of substance 37 use disorder communities are met, and one deputy commissioner to repre- 38 sent mental health services. In conjunction with one another, the 39 commissioners shall develop a plan for integrating services which shall 40 be made available for public comment. 41 (c) The office of addiction and mental health services may license 42 providers to provide integrated services for individuals with a mental 43 health diagnosis, substance use disorder, or a mental health diagnosis 44 and substance use disorder, in accordance with regulations issued by the 45 commissioner. Such direct licensing mechanism allows for resources to 46 get to community-based organizations in an expedited manner. 47 (d) The office of addiction and mental health services shall establish 48 a standing advisory committee on addiction and mental health services. 49 The standing advisory committee shall consist of seven members appointed 50 by the governor as follows: (i) two members appointed on the recommenda- 51 tion of the temporary president of the senate; (ii) two members 52 appointed on the recommendation of the speaker of the assembly; (iii) 53 one member appointed on the recommendation of the minority leader of the 54 senate; (iv) one member appointed on the recommendation of the minority 55 leader of the assembly; and (v) one member appointed on the recommenda- 56 tion of the department of health AIDS institute, the office of mentalA. 1038--A 3 1 health and the office of addiction services and supports to ensure the 2 intent of the legislature is fulfilled in establishing the integration 3 of services by such office. Such standing advisory committee shall 4 consist of providers, peers, family members, individuals who have 5 utilized addiction services and supports and/or mental health services, 6 the local government unit as defined in article forty-one of this chap- 7 ter, public and private sector unions and representatives of other agen- 8 cies or offices as the designated standing advisory committee may deem 9 necessary. Such standing advisory committee shall meet regularly in 10 furtherance of its functions and at any other time at the request of the 11 designated standing advisory committee leader. 12 § 5.01-b Office of addiction and mental health services; composition of 13 office. 14 Until January first, two thousand twenty-five, the office of addiction 15 and mental health services shall consist of the office of mental health 16 and the office of addiction services and supports. 17 § 3. Section 5.03 of the mental hygiene law, as amended by chapter 281 18 of the laws of 2019, is amended to read as follows: 19 § 5.03 Commissioners. 20 The head of the office of addiction and mental health services shall 21 be the commissioner of [mental health] addiction and mental health 22 services; and the head of the office for people with developmental disa- 23 bilities shall be the commissioner of developmental disabilities[; and24the head of the office of addiction services and supports shall be the25commissioner of addiction services and supports]. Each commissioner 26 shall be appointed by the governor, by and with the advice and consent 27 of the senate, to serve at the pleasure of the governor. Until the 28 commissioner of addiction and mental health services is appointed by the 29 governor and confirmed by the senate, the commissioner of mental health 30 and the commissioner of addiction services and supports shall continue 31 to oversee mental health and addiction services respectively, and work 32 collaboratively to integrate care for individuals with both mental 33 health and substance use disorders. 34 § 4. Section 5.05 of the mental hygiene law, as added by chapter 978 35 of the laws of 1977, subdivision (a) as amended by chapter 168 of the 36 laws of 2010, subdivision (b) as amended by chapter 294 of the laws of 37 2007, paragraph 1 of subdivision (b) as amended by section 14 of part J 38 of chapter 56 of the laws of 2012, subdivision (d) as added by chapter 39 58 of the laws of 1988 and subdivision (e) as added by chapter 588 of 40 the laws of 2011, is amended to read as follows: 41 § 5.05 Powers and duties of the head of the department. 42 (a) The commissioners of the office of addiction and mental health 43 services and the office for people with developmental disabilities, as 44 the heads of the department, shall jointly visit and inspect, or cause 45 to be visited and inspected, all facilities either public or private 46 used for the care, treatment [and], rehabilitation, and recovery of 47 individuals with a mental [illness] health diagnosis, substance use 48 disorder and developmental disabilities in accordance with the require- 49 ments of section four of article seventeen of the New York state consti- 50 tution. 51 (b) (1) The commissioners of the office of addiction and mental 52 health[,] services and the office for people with developmental disabil- 53 ities [and the office of alcoholism and substance abuse services] shall 54 constitute an inter-office coordinating council which, consistent with 55 the autonomy of each office for matters within its jurisdiction, shall 56 ensure that the state policy for the prevention, care, treatment [and],A. 1038--A 4 1 rehabilitation, and recovery of individuals with a mental [illness] 2 health diagnosis, substance use disorders and developmental disabili- 3 ties[, alcoholism, alcohol abuse, substance abuse, substance dependence,4and chemical dependence] is planned, developed and implemented compre- 5 hensively; that gaps in services to individuals with multiple disabili- 6 ties are eliminated and that no person is denied treatment and services 7 because [he or she has] they have more than one disability; that proce- 8 dures for the regulation of programs which offer care and treatment for 9 more than one class of persons with mental disabilities be coordinated 10 between the offices having jurisdiction over such programs; and that 11 research projects of the institutes, as identified in section 7.17 [or], 12 13.17, or 19.17 of this chapter or as operated by the office for people 13 with developmental disabilities, are coordinated to maximize the success 14 and cost effectiveness of such projects and to eliminate wasteful dupli- 15 cation. 16 (2) The inter-office coordinating council shall annually issue a 17 report on its activities to the legislature on or before December thir- 18 ty-first. Such annual report shall include, but not be limited to, the 19 following information: proper treatment models and programs for persons 20 with multiple disabilities and suggested improvements to such models and 21 programs; research projects of the institutes and their coordination 22 with each other; collaborations and joint initiatives undertaken by the 23 offices of the department; consolidation of regulations of each of the 24 offices of the department to reduce regulatory inconsistencies between 25 the offices; inter-office or office activities related to workforce 26 training and development; data on the prevalence, availability of 27 resources and service utilization by persons with multiple disabilities; 28 eligibility standards of each office of the department affecting clients 29 suffering from multiple disabilities, and eligibility standards under 30 which a client is determined to be an office's primary responsibility; 31 agreements or arrangements on statewide, regional and local government 32 levels addressing how determinations over client responsibility are made 33 and client responsibility disputes are resolved; information on any 34 specific cohort of clients with multiple disabilities for which substan- 35 tial barriers in accessing or receiving appropriate care has been 36 reported or is known to the inter-office coordinating council or the 37 offices of the department; and coordination of planning, standards or 38 services for persons with multiple disabilities between the inter-office 39 coordinating council, the offices of the department and local govern- 40 ments in accordance with the local planning requirements set forth in 41 article forty-one of this chapter. 42 (c) The commissioners shall meet from time to time with the New York 43 state conference of local mental hygiene directors to assure consistent 44 procedures in fulfilling the responsibilities required by this section 45 and by article forty-one of this chapter. 46 (d) [1.] (1) The commissioner of addiction and mental health services 47 shall evaluate the type and level of care required by patients in the 48 adult psychiatric centers authorized by section 7.17 of this chapter and 49 develop appropriate comprehensive requirements for the staffing of inpa- 50 tient wards. These requirements should reflect measurable need for 51 administrative and direct care staff including physicians, nurses and 52 other clinical staff, direct and related support and other support 53 staff, established on the basis of sound clinical judgment. The staffing 54 requirements shall include but not be limited to the following: (i) the 55 level of care based on patient needs, including on ward activities, (ii) 56 the number of admissions, (iii) the geographic location of each facili-A. 1038--A 5 1 ty, (iv) the physical layout of the campus, and (v) the physical design 2 of patient care wards. 3 [2.] (2) Such commissioner, in developing the requirements, shall 4 provide for adequate ward coverage on all shifts taking into account the 5 number of individuals expected to be off the ward due to sick leave, 6 workers' compensation, mandated training and all other off ward leaves. 7 [3.] (3) The staffing requirements shall be designed to reflect the 8 legitimate needs of facilities so as to ensure full accreditation and 9 certification by appropriate regulatory bodies. The requirements shall 10 reflect appropriate industry standards. The staffing requirements shall 11 be fully measurable. 12 [4.] (4) The commissioner of addiction and mental health services 13 shall submit an interim report to the governor and the legislature on 14 the development of the staffing requirements on October first, [nineteen15hundred eighty-eight] two thousand twenty-four and again on April first, 16 [nineteen hundred eighty-nine] two thousand twenty-five. The commission- 17 er shall submit a final report to the governor and the legislature no 18 later than October first, [nineteen hundred eighty-nine] two thousand 19 twenty-five and shall include in [his] their report a plan to achieve 20 the staffing requirements and the length of time necessary to meet these 21 requirements. 22 (e) The commissioners of the office of addiction and mental health[,] 23 services and the office for people with developmental disabilities[, and24the office of alcoholism and substance abuse services] shall cause to 25 have all new contracts with agencies and providers licensed by the 26 offices to have a clause requiring notice be provided to all current and 27 new employees of such agencies and providers stating that all instances 28 of abuse shall be investigated pursuant to this chapter, and, if an 29 employee leaves employment prior to the conclusion of a pending abuse 30 investigation, the investigation shall continue. Nothing in this section 31 shall be deemed to diminish the rights, privileges, or remedies of any 32 employee under any other law or regulation or under any collective 33 bargaining agreement or employment contract. 34 § 5. Section 7.01 of the mental hygiene law, as added by chapter 978 35 of the laws of 1977, is amended to read as follows: 36 § 7.01 Declaration of policy. 37 The state of New York and its local governments have a responsibility 38 for the prevention and early detection of mental [illness] health disor- 39 ders and for the comprehensively planned care, treatment [and], rehabil- 40 itation and recovery of [their mentally ill citizens] individuals with a 41 mental health diagnosis. 42 Therefore, it shall be the policy of the state to conduct research and 43 to develop programs which further prevention and early detection of 44 mental [illness] health disorders; to develop a comprehensive, inte- 45 grated system of treatment [and], rehabilitative and recovery services 46 for [the mentally ill] individuals with a mental health diagnosis. Such 47 a system should include, whenever possible, the provision of necessary 48 treatment services to people in their home communities; it should assure 49 the adequacy and appropriateness of residential arrangements for people 50 in need of service; and it should rely upon improved programs of insti- 51 tutional care only when necessary and appropriate. Further, such a 52 system should recognize the important therapeutic roles of all disci- 53 plines which may contribute to the care or treatment of [the mentally54ill] individuals with a mental health diagnosis, such as psychology, 55 social work, psychiatric nursing, special education and other disci- 56 plines in the field of mental illness, as well as psychiatry and shouldA. 1038--A 6 1 establish accountability for implementation of the policies of the state 2 with regard to the care [and], rehabilitation and recovery of [the3mentally ill] individuals with a mental health diagnosis. 4 To facilitate the implementation of these policies and to further 5 advance the interests of [the mentally ill] individuals with a mental 6 health diagnosis and their families, a new autonomous agency to be known 7 as the office of addiction and mental health services has been estab- 8 lished by this article. The office and its commissioner shall plan and 9 work with local governments, voluntary agencies and all providers and 10 consumers of mental health services in order to develop an effective, 11 integrated, comprehensive system for the delivery of all services to 12 [the mentally ill] individuals with a mental health diagnosis and to 13 create financing procedures and mechanisms to support such a system of 14 services to ensure that [mentally ill] persons in need of services 15 receive appropriate care, treatment and rehabilitation close to their 16 families and communities. In carrying out these responsibilities, the 17 office and its commissioner shall make full use of existing services in 18 the community including those provided by voluntary organizations. 19 § 6. Section 19.01 of the mental hygiene law, as added by chapter 223 20 of the laws of 1992, is amended to read as follows: 21 § 19.01 Declaration of policy. 22 The legislature declares the following: 23 [Alcoholism] Unhealthy alcohol use, substance [abuse] use disorder and 24 chemical dependence pose major health and social problems for individ- 25 uals and their families when left untreated, including family devas- 26 tation, homelessness, [and] unemployment, and death. It has been proven 27 that successful prevention [and], integrated treatment, and sustained 28 recovery can dramatically reduce costs to the health care, criminal 29 justice and social welfare systems. 30 The tragic, cumulative and often fatal consequences of [alcoholism] 31 unhealthy alcohol use and substance [abuse] use disorder are, however, 32 preventable and treatable disabilities that require a coordinated and 33 multi-faceted network of services. 34 The legislature recognizes locally planned and implemented prevention 35 as a primary means to avert the onset of [alcoholism] unhealthy alcohol 36 use and substance [abuse] use disorder. It is the policy of the state to 37 promote comprehensive, age appropriate education for children and youth 38 and stimulate public awareness of the risks associated with [alcoholism] 39 unhealthy alcohol use and substance [abuse] use disorder. Further, the 40 legislature acknowledges the need for a coordinated state policy for the 41 establishment of prevention [and], treatment, and recovery programs 42 designed to address the problems of chemical dependency among youth, 43 including prevention and intervention efforts in school and community- 44 based programs designed to identify and refer high risk youth in need of 45 chemical dependency services. 46 Substantial benefits can be gained through [alcoholism] unhealthy 47 alcohol use and substance [abuse] use disorder treatment for both 48 addicted individuals and their families. Positive treatment outcomes 49 that may be generated through a complete continuum of care offer a cost 50 effective and comprehensive approach to [rehabilitating] treating such 51 individuals. The primary goals of the [rehabilitation] treatment and 52 recovery process are to [restore] rebuild social, family, lifestyle, 53 vocational and economic supports by stabilizing an individual's physical 54 and psychological functioning. The legislature recognizes the impor- 55 tance of varying treatment approaches and levels of care designed to 56 meet each [client's] individual's needs. [Relapse] ReoccurrenceA. 1038--A 7 1 prevention and aftercare are two primary components of treatment that 2 serve to promote and maintain recovery. 3 The legislature recognizes that the distinct treatment needs of 4 special populations, including women and women with children, persons 5 with HIV infection, persons [diagnosed] with a mental [illness] health 6 diagnosis, persons who [abuse] misuse chemicals, the homeless and veter- 7 ans with posttraumatic stress disorder, merit particular attention. It 8 is the intent of the legislature to promote effective interventions for 9 such populations in need of particular attention. The legislature also 10 recognizes the importance of family support for individuals in alcohol 11 or substance [abuse] use disorder treatment and recovery. Such family 12 participation can provide lasting support to the recovering individual 13 to [prevent relapse and maintain] support sustained recovery. The inter- 14 generational cycle of chemical dependency within families can be inter- 15 cepted through appropriate interventions. 16 The state of New York and its local governments have a responsibility 17 in coordinating the delivery of [alcoholism] unhealthy alcohol use and 18 substance [abuse] use disorder services, through the entire network of 19 service providers. To accomplish these objectives, the legislature 20 declares that the establishment of a single, unified office of [alcohol-21ism and substance abuse] addiction and mental health services will 22 provide an integrated framework to plan, oversee and regulate the 23 state's prevention and treatment network. In recognition of the growing 24 trends and incidence of chemical dependency, this consolidation allows 25 the state to respond to the changing profile of chemical dependency. 26 The legislature recognizes that some distinctions exist between the 27 [alcoholism] unhealthy alcohol use and substance [abuse] use disorder 28 field and the mental health field and where appropriate, those 29 distinctions may be preserved. Accordingly, it is the intent of the 30 state to establish one office of [alcoholism and substance abuse] 31 addiction and mental health services in furtherance of a comprehensive 32 service delivery system. 33 § 7. Upon or prior to January 1, 2025, the governor may nominate an 34 individual to serve as commissioner of the office of addiction and 35 mental health services. If such individual is confirmed by the senate 36 prior to January 1, 2025, they shall become the commissioner of the 37 office of addiction and mental health services. The governor may desig- 38 nate a person to exercise the powers of the commissioner of the office 39 of addiction and mental health services on an acting basis, until 40 confirmation of a nominee by the senate, who is hereby authorized to 41 take such actions as are necessary and proper to implement the orderly 42 transition of the functions, powers and duties as herein provided, 43 including the preparation for a budget request for the office as estab- 44 lished by this act. 45 § 8. Upon the transfer pursuant to this act of the functions and 46 powers possessed by and all of the obligations and duties of the office 47 of mental health and the office of addiction services and supports as 48 established pursuant to the mental hygiene law and other laws, to the 49 office of addiction and mental health services as prescribed by this 50 act, provision shall be made for the transfer of all employees from the 51 office of mental health and the office of addiction services and 52 supports into the office of addiction and mental health services. 53 Employees so transferred shall be transferred without further examina- 54 tion or qualification to the same or similar titles and shall remain in 55 the same collective bargaining units and shall retain their respectiveA. 1038--A 8 1 civil service classifications, status, and rights pursuant to their 2 collective bargaining units and collective bargaining agreements. 3 § 9. Notwithstanding any contrary provision of law, on or before Octo- 4 ber 1, 2024 and annually thereafter, the office of addiction and mental 5 health services, in consultation with the department of health, shall 6 issue a report, and post such report on their public website, detailing 7 the office's expenditures for addiction and mental health services, 8 including total Medicaid spending directly by the state to licensed or 9 designated providers and payments to managed care providers pursuant to 10 section 364-j of the social services law. The office of addiction and 11 mental health services shall examine reports produced pursuant to this 12 section and may make recommendations to the governor and the legislature 13 regarding appropriations for addiction and mental health services or 14 other provisions of law which may be necessary to effectively implement 15 the creation and continued operation of the office. 16 § 10. Any financial saving realized from the creation of the office of 17 addiction and mental health services shall be reinvested in the services 18 and supports funded by such office. 19 § 11. Severability. If any clause, sentence, paragraph, section or 20 part of this act shall be adjudged by any court of competent jurisdic- 21 tion to be invalid, such judgment shall not affect, impair or invalidate 22 the remainder thereof, but shall be confined in its operation to the 23 clause, sentence, paragraph, section or part thereof directly involved 24 in the controversy in which such judgment shall have been rendered. 25 § 12. This act shall take effect immediately. Effective immediately, 26 the office of mental health and the office of addiction services and 27 supports are authorized to promulgate the addition, amendment and/or 28 repeal of any rule or regulation or engage in any work necessary for the 29 implementation of this act on its effective date authorized to be made 30 and completed on or before such effective date.
