Bill Text: NY A05024 | 2015-2016 | General Assembly | Introduced
Bill Title: Creates the community opioid rehabilitation program services act and the opioid dependency services fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to alcoholism and drug abuse [A05024 Detail]
Download: New_York-2015-A05024-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5024
2015-2016 Regular Sessions
I N A S S E M B L Y
February 10, 2015
___________
Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to community opioid
rehabilitation program services act; and to amend the state finance
law, in relation to establishing the opioid dependency services fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known as the "community opioid rehabili-
2 tation program services act".
3 S 2. Legislative findings. The legislature finds that New York state
4 is experiencing a shocking increase in opioid use in both its street and
5 prescription forms. Heroin, in particular, is emerging as a public
6 health concern in every community, but its rise is especially alarming
7 in the state's smaller urban, suburban and rural areas. The increased
8 incidence of heroin use largely involves young people who have turned to
9 the drug, because of its relatively low cost and high accessibility, in
10 light of recent efforts to curb accessibility to prescription opioids.
11 Horrifying stories of opioid addiction, drug availability and use in our
12 schools, as well as family tragedy in which a promising young life has
13 ended with overdose, are becoming far too commonplace. Rising arrest
14 rates of low-level dealers and addicts, often taking place in public
15 areas like suburban mall parking lots, are further indication that the
16 resurrection of this drug more commonly associated with street culture
17 has permeated all sectors of society.
18 In addition, the legislature finds that the extent of the problem is
19 widely recognized by professionals from all points on the front line as
20 an emerging and significant public health issue.
21 The legislature further finds that significant savings will come to
22 the taxpayers of New York through the elimination of prison beds
23 throughout the state as the prison population declines, due in no small
24 measure to reforms of drug laws enacted in the nineteen seventies. While
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03739-01-5
A. 5024 2
1 there were more than 24,000 drug offenders in the state's prison popu-
2 lation at the end of 1996, that number had diminished to less than 6,700
3 at the end of 2013. In its plan to consolidate with the closure of four
4 facilities during the 2014-15 state fiscal year, the department of
5 corrections and community supervision estimates an annual savings to the
6 state's taxpayers of approximately $30 million.
7 Finally, the legislature finds that the savings from the closure of
8 prison facilities which, by the department of corrections and community
9 supervision's own estimate, is due largely to the diminishing sector of
10 the prison population incarcerated for drug-related offenses, should be
11 directed to community programs designed to address the growing public
12 health epidemic of heroin and opiate addiction.
13 S 3. Section 1.03 of the mental hygiene law is amended by adding a new
14 subdivision 59 to read as follows:
15 59. "COMMUNITY OPIOID REHABILITATION PROGRAM SERVICES" SHALL MEAN
16 PROGRAMS AND SERVICES PROVIDED FOR THE CARE, TREATMENT AND REHABILI-
17 TATION OF THOSE PERSONS WHO ARE DEPENDENT ON OPIOID SUBSTANCES, INCLUD-
18 ING BUT NOT LIMITED TO:
19 (A) EMERGENCY AND CRISIS SERVICES PROVIDED IN A PROGRAM LICENSED,
20 CERTIFIED, OPERATED, OR FUNDED BY THE OFFICE;
21 (B) CASE MANAGEMENT AND INTENSIVE CASE MANAGEMENT SERVICES;
22 (C) OUTPATIENT SERVICES WHICH PROVIDE AN ADEQUATE LEVEL OF TREATMENT
23 AND REHABILITATION AS DETERMINED BY A LICENSED TREATMENT PROFESSIONAL
24 PROVIDED IN A PROGRAM LICENSED, CERTIFIED, OPERATED OR FUNDED BY THE
25 OFFICE;
26 (D) RESIDENTIAL SERVICES, OTHER THAN INPATIENT SERVICES, PROVIDED IN
27 PROGRAMS LICENSED, CERTIFIED, OPERATED OR FUNDED BY THE OFFICE, WHICH
28 MAY INCLUDE, BUT ARE NOT LIMITED TO, COMMUNITY RESIDENCES, RESIDENTIAL
29 CARE CENTERS FOR ADULTS, FAMILY CARE HOMES, CRISIS RESIDENCE OR
30 SUPPORTED HOUSING;
31 (E) OTHER SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, PSYCHIATRIC
32 REHABILITATION, CLIENT ADVOCACY, SUPPORTED EMPLOYMENT, CONSUMER
33 SELF-HELP, FAMILY SUPPORT, PEER SUPPORT AND VOCATIONAL TRAINING AS
34 APPROVED BY THE OFFICE;
35 (F) ANY OTHER SERVICES THAT MEET THE NEEDS OF THOSE PERSONS WHO ARE
36 DEPENDENT ON OPIOID SUBSTANCES;
37 (G) PREVENTIVE PROGRAMS AND PREVENTION SERVICES DESIGNED TO EDUCATE
38 THE GENERAL PUBLIC ON THE DANGERS OF GENERAL OPIOID AND HEROIN ABUSE AND
39 ADDICTION INCLUDING, BUT NOT LIMITED TO THE RISKS TO HEALTH AND QUALITY
40 OF LIFE; THE TOLL OPIOID ADDICTION TAKES ON FAMILY MEMBERS; THE FINAN-
41 CIAL COSTS ASSOCIATED WITH OPIOID ADDICTION; AND RECOGNIZING THE SIGNS
42 OF OPIOID DEPENDENCY.
43 S 4. Section 19.09 of the mental hygiene law is amended by adding a
44 new subdivision (j) to read as follows:
45 (J) THE COMMISSIONER OF MENTAL HEALTH SHALL, IN COOPERATION WITH THE
46 COMMISSIONER OF HEALTH AND THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM
47 AND SUBSTANCE ABUSE SERVICES, PROMOTE, ESTABLISH, DEVELOP, COORDINATE,
48 EVALUATE, AND CONDUCT PROGRAMS AND SERVICES OF PREVENTION, DIAGNOSIS,
49 EXAMINATION, CARE, TREATMENT, AND REHABILITATION FOR THE BENEFIT OF
50 PERSONS WHO ARE DEPENDENT ON OPIOID SUBSTANCES AND THEIR FAMILIES. SUCH
51 PROGRAMS SHALL INCLUDE BUT NOT BE LIMITED TO INPATIENT, OUTPATIENT,
52 PARTIAL HOSPITALIZATION, DAY CARE, EMERGENCY, REHABILITATIVE, COMMUNITY
53 OPIOID REHABILITATION PROGRAMMATIC SERVICES, PURSUANT TO SECTION 41.59
54 OF THIS CHAPTER AND OTHER APPROPRIATE TREATMENTS AND SERVICES. HE OR SHE
55 SHALL TAKE ALL ACTIONS THAT ARE NECESSARY, DESIRABLE, OR PROPER TO
56 IMPLEMENT THE PURPOSES OF THIS CHAPTER AND TO CARRY OUT THE PURPOSES AND
A. 5024 3
1 OBJECTIVES OF THE DEPARTMENT WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR
2 BY APPROPRIATION, GRANT, GIFT, DEVISE, BEQUEST, OR ALLOCATION FROM THE
3 OPIOID DEPENDENCY SERVICES FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-
4 PPPP OF THE STATE FINANCE LAW.
5 S 5. Subdivision (a) of section 41.13 of the mental hygiene law is
6 amended by adding a new paragraph 17 to read as follows:
7 17. THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ALCOHOLISM AND
8 SUBSTANCE ABUSE SERVICES SHALL ALSO BE RESPONSIBLE FOR SUCH PROGRAM
9 DEVELOPMENT RELATING TO COMMUNITY OPIOID REHABILITATION PROGRAMMATIC
10 SERVICES IN AREAS WHERE THE RESPONSIBLE LOCAL GOVERNMENT UNIT DOES NOT
11 RECEIVE A GRANT OF STATE AID SPECIFICALLY FOR THE PURPOSE OF FUNDING
12 COMMUNITY OPIOID REHABILITATION PROGRAMMATIC SERVICES PURSUANT TO THIS
13 CHAPTER.
14 S 6. The mental hygiene law is amended by adding a new section 41.59
15 to read as follows:
16 S 41.59 COMMUNITY OPIOID REHABILITATION PROGRAM.
17 (A) COMMUNITY OPIOID REHABILITATION PROGRAM FUNDS SHALL BE ANNUALLY
18 ALLOCATED BY THE COMMISSIONER BASED UPON THE FOLLOWING CRITERIA:
19 1. THE EFFICIENCY AND EFFECTIVENESS OF THE USE OF FUNDING WITHIN THE
20 LOCAL GOVERNMENTAL UNIT FOR THE DELIVERY OF SERVICES TO PERSONS WHO ARE
21 DEPENDENT ON OPIOID SUBSTANCES IN ORDER TO ASSURE THAT RESOURCES ARE
22 MADE AVAILABLE TO FUND OPIOID REHABILITATION SERVICES TO PERSONS
23 DISCHARGED INTO THE COMMUNITY; AND
24 2. OTHER RELEVANT FACTORS THAT REQUIRE THE MAINTENANCE OF EXISTING
25 OPIOID DEPENDENCY SERVICES AND THE DEVELOPMENT OF NEW OPIOID DEPENDENCY
26 SERVICES.
27 (B) AMOUNTS PROVIDED PURSUANT TO THIS SECTION SHALL ONLY BE USED TO
28 FUND OPIOID REHABILITATION SERVICES, MENTAL HEALTH WORKFORCE RELATED
29 ACTIVITIES, INCLUDING RECRUITMENT AND RETENTION INITIATIVES AND TRAINING
30 PROGRAMS, AND OTHER GENERAL PROGRAMMATIC ACTIVITIES TO HELP ENSURE A
31 STABLE MENTAL HEALTH SYSTEM. SUCH GRANTS AND OTHER FUNDS SHALL NOT BE
32 USED FOR CAPITAL COSTS ASSOCIATED WITH THE DEVELOPMENT OF COMMUNITY
33 CORRECTIONS REINVESTMENT SERVICES.
34 (C) PRIOR TO ENTERING INTO CONTRACTS FOR THE PROVISION OF SERVICES
35 FUNDED PURSUANT TO THIS SECTION, THE OFFICE OF MENTAL HEALTH AND ANY
36 LOCAL GOVERNMENTAL UNIT RECEIVING SUCH FUNDS SHALL CONSIDER THE FOLLOW-
37 ING:
38 1. THE SERVICE NEEDS OF PERSONS WITH OPIOID SUBSTANCE DEPENDENCY IN
39 THE GEOGRAPHICAL AREA IN WHICH THE OPIOID REHABILITATION PROGRAM OPER-
40 ATES;
41 2. THE CAPACITY OF THE PROGRAM TO MEET IDENTIFIED SERVICE NEEDS AND
42 SPECIFIED PERFORMANCE STANDARDS RELATED TO ACCESS, ADMISSION, REFERRAL,
43 AND SERVICE COORDINATION AND DELIVERY;
44 3. THE EXTENT TO WHICH OPIOID REHABILITATION SERVICES AUTHORIZED BY
45 THE CONTRACT ARE CONSISTENT AND INTEGRATED WITH THE PLAN PREPARED AND
46 APPROVED PURSUANT TO THIS ARTICLE; AND
47 4. THE RELIABILITY AND CAPABILITY OF THE PROVIDER, INCLUDING ITS
48 EXPERTISE, PRIOR EXPERIENCE, FINANCIAL RESPONSIBILITY, RECORD OF ADHER-
49 ENCE TO LAW, RECORD OF PROVIDING QUALITY CARE AND SERVICES, AND ABILITY
50 TO DELIVER APPROPRIATE SERVICES IN A COST-EFFECTIVE AND EFFICIENT MANNER
51 TO PERSONS WITH OPIOID SUBSTANCE DEPENDENCY. THE COMMISSIONER IS AUTHOR-
52 IZED TO PROMULGATE REGULATIONS TO ESTABLISH MINIMUM CONTRACTUAL OBLI-
53 GATIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
54 (D) THE COMMISSIONER IS AUTHORIZED AND EMPOWERED TO MAKE INSPECTIONS
55 AND EXAMINE RECORDS OF A LOCAL GOVERNMENTAL UNIT RECEIVING STATE AID
56 UNDER THIS SECTION. SUCH EXAMINATION SHALL INCLUDE ALL MEDICAL, SERVICE
A. 5024 4
1 AND FINANCIAL RECORDS, RECEIPTS, DISBURSEMENTS, CONTRACTS, LOANS AND
2 OTHER MONEYS RELATING TO THE FINANCIAL OPERATION OF THE PROVIDER.
3 (E) FOR PURPOSES OF THIS SECTION, THE TERM "STATE OPERATIONS GENERAL
4 FUND" SHALL MEAN THE OFFICE OF MENTAL HEALTH STATE OPERATIONS GENERAL
5 FUND APPROPRIATIONS BEFORE ANY OFFSET FROM THE SPECIAL REVENUE FUNDS,
6 OTHER MISCELLANEOUS SPECIAL REVENUE FUND OR MENTAL HYGIENE PATIENT
7 INCOME ACCOUNT.
8 S 7. The state finance law is amended by adding a new section 97-pppp
9 to read as follows:
10 S 97-PPPP. OPIOID DEPENDENCY SERVICES FUND. 1. THERE IS HEREBY ESTAB-
11 LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
12 TAXATION AND FINANCE A DEBT SERVICE FUND TO BE KNOWN AS THE "OPIOID
13 DEPENDENCY SERVICES FUND".
14 2. THE OPIOID DEPENDENCY SERVICES FUND SHALL CONSIST OF THE ANNUAL
15 SAVINGS FROM THE DOWNSIZING OF FACILITIES UNDER THE DEPARTMENT OF
16 CORRECTIONS AND COMMUNITY SUPERVISION, AS DETERMINED IN THE ANNUAL BUDG-
17 ET AND SHALL INCLUDE THE AMOUNT OF ACTUAL STATE OPERATIONS GENERAL FUND
18 APPROPRIATION REDUCTIONS, INCLUDING PERSONAL SERVICE SAVINGS AND OTHER
19 THAN PERSONAL SERVICE SAVINGS DIRECTLY ATTRIBUTED TO CORRECTIONAL FACIL-
20 ITY CLOSURES. THE METHODOLOGIES USED TO CALCULATE THE CLOSURE SAVINGS
21 SHALL BE DEVELOPED BY THE COMMISSIONER OF TAXATION AND FINANCE AND THE
22 DIRECTOR OF THE BUDGET. THE ANNUAL APPROPRIATION TO THE OPIOID DEPENDEN-
23 CY SERVICES FUND SHALL AT NO TIME BE LESS THAN THIRTY MILLION DOLLARS.
24 IN THE EVENT THAT TWENTY PERCENT OF THE ANNUAL SAVINGS FROM DOWNSIZING
25 IS LESS THAN THIRTY MILLION DOLLARS, APPROPRIATION FROM THE STATE OPER-
26 ATIONS GENERAL FUND SHALL MAKE UP THE SHORTFALL.
27 3. MONEYS IN THE OPIOID DEPENDENCY SERVICES FUND SHALL BE KEPT SEPA-
28 RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
29 THE COMPTROLLER. ALL DEPOSITS OF SUCH MONEYS SHALL BE SECURED BY OBLI-
30 GATIONS OF THE UNITED STATES OR OF THE STATE OF MARKET VALUE EQUAL AT
31 ALL TIMES TO THE AMOUNT OF THE DEPOSIT AND ALL BANKS AND TRUST COMPANIES
32 ARE AUTHORIZED TO GIVE SUCH SECURITIES FOR SUCH DEPOSITS.
33 4. ANY MONEYS IN THE OPIOID DEPENDENCY SERVICES FUND MAY BE INVESTED
34 BY THE COMPTROLLER IN OBLIGATIONS OF THE UNITED STATES OR THE STATE OR
35 OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY THE
36 UNITED STATES OR THE STATE.
37 S 8. This act shall take effect immediately.
