Bill Text: NY S05576 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the office of alcoholism and substance abuse services to provide contingency management services, including financial incentives, for persons with addiction disorders who abstain from substance abuse and comply with treatment objectives.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS [S05576 Detail]

Download: New_York-2023-S05576-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5576

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 8, 2023
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Alcoholism  and
          Substance Use Disorders

        AN  ACT  to amend the mental hygiene law and the social services law, in
          relation to establishing contingency management services  for  certain
          persons with substance use disorders

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 19.03 of the  mental  hygiene  law  is  amended  by
     2  adding a new subdivision 3 to read as follows:
     3    3.   "Contingency   management   services"  means  addiction  disorder
     4  services, including digital  therapeutics  prescribed  by  a  healthcare
     5  professional,  for  persons  with a substance use disorder that provides
     6  individuals with a financial  incentive  or  positive  reinforcement  to
     7  abstain from substance use, by rewarding specified behaviors, including,
     8  but not limited to continued evidence of negative urinalysis, engagement
     9  in treatment, and other behavior which adheres to treatment goals.
    10    §  2.  Section  19.17 of the mental hygiene law is amended by adding a
    11  new subdivision (h) to read as follows:
    12    (h) (1) The office shall,  in  coordination  with  the  department  of
    13  health  and the New York state conference of local mental hygiene direc-
    14  tors, establish a program to provide contingency management services, as
    15  defined in subdivision three  of  section  19.03  of  this  article  for
    16  persons  eligible  for  medical assistance under title eleven of article
    17  five of  the  social  services  law  for  individuals  in  recovery  for
    18  substance use disorder.
    19    (2)  Notwithstanding  any  contrary  provision  of  law, incentives or
    20  rewards for contingency management services received  by  an  individual
    21  pursuant to this subdivision shall not be considered income or resources
    22  of  an  individual for the purposes of any determinations of eligibility
    23  for any other state program or benefit, including but not limited to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08374-01-3
        S. 5576                             2

     1  medical assistance program, any state or federal program, or  any  other
     2  means-tested program or benefit.
     3    (3) In developing the program under paragraph one of this subdivision,
     4  the  office  shall  ensure  that  incentives  or rewards for contingency
     5  management services are used for the intended purposes and not  diverted
     6  for  other  uses. The office shall develop a plan to monitor the program
     7  for fraud and misuse of contingency management incentives and rewards.
     8    (4) Notwithstanding any contrary provision of law,  the  commissioner,
     9  in  collaboration  with the commissioner of health, shall, to the extent
    10  necessary, develop and submit any appropriate waivers for implementation
    11  of this program, including, but not limited to, those authorized  pursu-
    12  ant  to  sections eleven hundred fifteen and nineteen hundred fifteen of
    13  the federal social security act, or successor provisions, and any  other
    14  waivers  necessary  to achieve the purposes of high quality, integrated,
    15  and cost effective care and integrated  financial  eligibility  policies
    16  under  the  medical assistance program or pursuant to title XVIII of the
    17  federal social security act. Copies of such original waiver applications
    18  shall be provided to the chair of the senate finance committee  and  the
    19  chair of the assembly ways and means committee simultaneously with their
    20  submission to the federal government.
    21    §  3.  Subdivision  2  of  section 365-a of the social services law is
    22  amended by adding a new paragraph (kk) to read as follows:
    23    (kk) contingency management services and supports provided pursuant to
    24  article nineteen of the mental hygiene law.
    25    § 4. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law. Effective immediately, the addition,  amend-
    27  ment and/or repeal of any rule or regulation necessary for the implemen-
    28  tation  of  this act on its effective date are authorized to be made and
    29  completed on or before such effective date.