STATE OF NEW YORK ________________________________________________________________________ 692 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. L. ROSENTHAL, JAFFEE -- read once and referred to the Committee on Alcoholism and Drug Abuse AN ACT to amend the mental hygiene law, in relation to establishing a council for treatment equity within the office of alcoholism and substance abuse 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 19.45 to read as follows: 3 § 19.45 The council for treatment equity. 4 1. Definitions. As used in this section: 5 (a) "Council" shall mean the council for treatment equity created 6 pursuant to this section which shall consist of a full time director and 7 any additional full or part time staff the commissioner deems necessary 8 to effectuate the provisions of this section. 9 (b) "Treatment equity advisory board" shall mean the advisory board to 10 the council, created pursuant to subdivision three of this section. 11 (c) "Vulnerable populations" shall mean those who have experienced 12 injustices and disadvantages as a result of their race, ethnicity, sexu- 13 al orientation, gender identity, disability status, age, socioeconomic 14 status and/or any other status which has caused a person to experience 15 injustices and disadvantages. 16 (d) "Racially and ethnically diverse areas" shall mean counties where 17 the non-white population is forty percent or more or the service area of 18 an agency, corporation, facility or individual providing substance use 19 disorder services where the non-white population of said area is forty 20 percent or more. 21 (e) "Provider of services" shall mean any agency, corporation, facili- 22 ty or individual providing substance use disorder services to vulnerable 23 populations. 24 (f) "Treatment disparities" shall mean measurable differences in 25 access to and quality of substance use disorder services as determined EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04782-01-9A. 692 2 1 by race, ethnicity, sexual orientation, gender identity, disability 2 status, age and socioeconomic status. 3 (g) "Treatment equity" shall mean achieving the highest level of 4 substance use disorder services for all people and shall entail focused 5 efforts to address avoidable inequalities by equalizing those conditions 6 for substance use disorder services for those that have experienced 7 injustices and socioeconomic disadvantages. 8 2. The council for treatment equity. There is hereby created a council 9 for treatment equity. The council, in conjunction with the treatment 10 equity advisory board, shall have the following powers and duties: 11 (a) Work collaboratively with the office, other relevant state agen- 12 cies and affected stakeholders, including, but not limited to, providers 13 and representatives of vulnerable populations, in order to set priori- 14 ties to achieve treatment equity in both racial and ethnically diverse 15 areas and for vulnerable populations throughout the state; 16 (b) Analyze collected data to determine the causes of treatment 17 disparities in both racially and ethnically diverse areas and for 18 vulnerable populations throughout the state, including any economic, 19 physical, social or cultural barriers; 20 (c) Develop and implement strategies aimed at achieving treatment 21 equity in racially and ethnically diverse areas and among vulnerable 22 populations; 23 (d) Promote community involvement by conducting promotional and educa- 24 tional outreach programs regarding substance use disorders and available 25 services; and 26 (e) Review the impact of current laws, rules, regulations, policies 27 and programs that may be affecting the ability to achieve treatment 28 equity. 29 3. The treatment equity advisory board. (a) The treatment equity advi- 30 sory board shall consist of twelve members. All members shall be 31 appointed by the governor, with three members appointed upon recommenda- 32 tion from the temporary president of the senate and three members 33 appointed upon recommendation from the speaker of the assembly. The 34 chairperson of the council shall be the commissioner or their designee. 35 (b) The members of the council shall be from the community with exper- 36 tise in conducting substance use disorder services. In making such 37 appointments, due consideration shall be given to ensuring adequate 38 geographic representation. 39 (c) The term of office for each member of the treatment equity advi- 40 sory board shall be six years. Vacancies in the treatment equity advi- 41 sory board, other than by expiration of a term, shall be filled for the 42 remainder of the unexpired term in the same manner as original appoint- 43 ments. 44 (d) The members of the treatment equity advisory board shall receive 45 no compensation for their services, but shall be reimbursed for all 46 expenses actually and necessarily incurred by them in the performance of 47 their duties under this section within the amount made available by 48 appropriation therefor. 49 4. Report. The council shall submit a written report to the governor, 50 the temporary president of the senate and the speaker of the assembly no 51 later than one year succeeding the effective date of this section and 52 annually thereafter, setting forth the findings, recommendations and 53 activities of the council on matters within the scope of its powers and 54 duties as set forth in this section. 55 § 2. This act shall take effect immediately.