Bill Text: NY S09522 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes a co-occurring disorders patient bill of rights to be implemented by various agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - REFERRED TO MENTAL HEALTH [S09522 Detail]
Download: New_York-2023-S09522-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9522 IN SENATE May 16, 2024 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health AN ACT to amend the mental hygiene law, in relation to establishing a co-occurring disorders patient bill of rights The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The mental hygiene law is amended by adding a new section 2 19.47 to read as follows: 3 § 19.47 Co-occurring disorders patient bill of rights. 4 The office shall, in conjunction with state agencies which interact 5 with persons with co-occurring disorders including, but not limited to, 6 the office of mental health, department of social services, office of 7 children and family services, department of corrections, department of 8 health, department of financial services, and the department of educa- 9 tion, adopt a co-occurring disorders patient bill of rights which shall 10 include, but not be limited to: 11 1. The right to be welcomed/nondiscrimination: Individuals and fami- 12 lies seeking and receiving treatment for co-occurring disorders shall 13 receive services without regard to age, race, color, sexual orientation, 14 religion, marital status, sex, disability, gender identity, national 15 origin, payment source or any other protected basis. 16 2. The right to have co-occurring disorders needs accurately recog- 17 nized: Individuals with co-occurring disorders, and their families, 18 shall receive appropriate screening for the presence of co-occurring 19 disorders, accurate documentation of the results of that screening, 20 complete access to their health records and cost estimates, and timely 21 access to competent re-assessments when needed. 22 3. The right to receive co-occurring disorders services matched to 23 needs: Individuals shall receive integrated, co-occurring disorders 24 capable services for their co-occurring mental health and substance use 25 disorder conditions that are appropriately matched to their needs and 26 preferences, including, but not limited to acuity, severity, and stage 27 of change for each condition. This right shall apply to mental health 28 and/or substance use disorder addiction programs for adults and/or chil- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15513-01-4S. 9522 2 1 dren and youth in hospital-based, residential, community-based settings 2 and at school-based mental health satellites. 3 4. The right to receive the highest quality of co-occurring disorders 4 treatment: In every setting, individuals and families shall receive 5 high-quality evidence-based co-occurring disorders services, including a 6 full array of best and promising practices for medication and non-medi- 7 cation interventions for both mental health and substance use disorder 8 needs. 9 5. The right to continuity of care: Individuals with co-occurring 10 disorders, and their families, shall receive appropriately matched help 11 for both conditions for as long as they need that help. The expectation 12 that individuals can rely on self-help after only a single episode of 13 care in a program with limited length of stay shall be deemed inappro- 14 priate for people who are likely to have not one, but two persistent 15 conditions that may require help for an extended time-period. 16 6. The right to help and hope for family and loved ones: Families 17 shall be involved in contributing to the care of their loved ones, and 18 receiving quality education, support, and treatment to help them heal. 19 7. The right for people at risk to have access to prevention: Young 20 people with either mental health or substance use disorder are at higher 21 risk of developing co-occurring disorders, and their families, and shall 22 receive educational and preventive interventions as soon as possible in 23 both normative settings, including but not limited to schools, and in 24 treatment settings, including but not limited to behavioral health 25 programs treating children and youth. 26 8. The right to accountability and redress: Consumers shall receive 27 services within a fully transparent system where payors, providers and 28 government work in partnership, guided by input from people and families 29 with lived experience. 30 9. The right to a peer advocate: People with co-occurring disorders 31 shall receive peer support services providing hope, advocacy, and 32 systems navigation. To adequately serve people with co-occurring disor- 33 ders, such peer support services shall include, but not be limited to, a 34 robust and collaborative peer workforce with diverse and specialized 35 lived expertise as well as cross-training, ensuring person-driven, 36 recovery-oriented, trauma-informed, culturally fluent services. 37 10. The right to receive services from adequately resourced providers: 38 People with co-occurring disorders needs shall receive services from 39 providers of all types who are paid appropriately to serve those with 40 the greatest need. 41 11. The right to safe housing: People with co-occurring disorders and 42 without access to a permanent residence shall receive safe supportive 43 housing that is recovery-oriented, and encourages independence. 44 § 2. This act shall take effect on the ninetieth day after it shall 45 have become a law. Effective immediately, the addition, amendment and/or 46 repeal of any rule or regulation necessary for the implementation of 47 this act on its effective date are authorized to be made and completed 48 on or before such effective date.
