Bill Text: NY A03298 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires the office of addiction services and supports to provide contingency management services, including financial incentives, for persons with addiction disorders who abstain from substance abuse and comply with treatment objectives; provides medical assistance coverage for such services.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-03 - referred to alcoholism and drug abuse [A03298 Detail]
Download: New_York-2023-A03298-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3298 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. CARROLL -- read once and referred to the Commit- tee on Alcoholism and Drug Abuse AN ACT to amend the mental hygiene law, the social services law and the workers' compensation 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. LBD01975-01-3A. 3298 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. The social services law is amended by adding a new section 367-x 26 to read as follows: 27 § 367-x. Payment for contingency management services. 1. (a) For the 28 purpose of this section, "contingency management services" shall have 29 the same meaning as set forth in subdivision three of section 19.03 of 30 the mental hygiene law. 31 (b) The receipt of any incentive or reward pursuant to contingency 32 management services shall not be considered income for purposes of 33 eligibility for public benefits or other public assistance to the extent 34 allowed by law. 35 2. The commissioner may authorize the payment of medical assistance 36 funds for contingency management services. The commissioner shall, in 37 consultation with the AIDS Institute and the office of addiction 38 services and supports: 39 (a) Issue guidance on the use of contingency management services for 40 beneficiaries who access substance use disorder services under the 41 medical assistance program; 42 (b) Establish limits on the number and value of incentives available 43 to beneficiaries who receive services pursuant to contingency management 44 services; and 45 (c) Determine maximum allowable rates for contingency management 46 services based upon the medical assistance program fee-for-service 47 outpatient rates for the same or similar services, or any other data 48 deemed reliable and relevant by the commissioner. 49 3. Subdivision two of this section shall be effective if, and as long 50 as, federal financial participation is available for medical assistance 51 expenditures made pursuant to it. 52 4. For the purposes of implementing this section, the commissioner 53 shall seek any necessary federal approvals, including approvals of any 54 state plan amendment or federal waivers, by the federal centers for 55 medicare and Medicaid services no later than December thirty-first, two 56 thousand twenty-three.A. 3298 3 1 § 5. Subdivision 2 of section 366-d of the social services law, as 2 amended by chapter 2 of the laws of 1998, is amended to read as follows: 3 2. (a) No medical assistance provider shall: 4 [(a)] (i) solicit, receive, accept or agree to receive or accept any 5 payment or other consideration in any form from another person to the 6 extent such payment or other consideration is given[: (i)] for the 7 referral of services for which payment is made under this title [eleven8of article five of this chapter;], or [(ii)] to purchase, lease or order 9 any good, facility, service or item for which payment is made under this 10 title [eleven of article five of this chapter]; or 11 [(b)] (ii) offer, agree to give or give any payment or other consider- 12 ation in any form to another person to the extent such payment or other 13 consideration is given[: (i)] for the referral of services for which 14 payment is made under this title [eleven of article five of this chap-15ter;], or [(ii)] to purchase, lease or order any good, facility, service 16 or item for which payment is made under this title [eleven of article17five of this chapter;18(c) as]. 19 (b) As used in this section "person" shall have the meaning set 20 forth in subdivision seven of section 10.00 of the penal law. 21 [(d) this] (c) This subdivision shall not apply to any activity 22 specifically exempt by federal statute or federal regulations promulgat- 23 ed thereunder. 24 (d) This subdivision shall not apply to contingency management 25 services operated pursuant to section three hundred sixty-seven-x of 26 this title. 27 § 6. Paragraph (g) of subdivision 2 of section 13-d of the workers' 28 compensation law, as amended by section 2 of part CC of chapter 55 of 29 the laws of 2019, is amended to read as follows: 30 (g) has directly or indirectly requested, received or participated in 31 the division, transference, assignment, rebating, splitting or refunding 32 of a fee for, or has directly or indirectly requested, received or prof- 33 ited by means of a credit or other valuable consideration as a commis- 34 sion, discount or gratuity in connection with the furnishing of medical 35 or surgical care, an independent medical examination, diagnosis or 36 treatment or service, including X-ray examination and treatment, or for 37 or in connection with the sale, rental, supplying or furnishing of clin- 38 ical laboratory services or supplies, X-ray laboratory services or 39 supplies, inhalation therapy service or equipment, ambulance service, 40 hospital or medical supplies, physiotherapy or other therapeutic service 41 or equipment, artificial limbs, teeth or eyes, orthopedic or surgical 42 appliances or supplies, optical appliances, supplies or equipment, 43 devices for aid of hearing, drugs, medication or medical supplies, or 44 any other goods, services or supplies prescribed for medical diagnosis, 45 care or treatment, under this chapter; except that reasonable payment, 46 not exceeding the technical component fee permitted in the medical fee 47 schedule, established under this chapter for X-ray examinations, diagno- 48 sis or treatment, may be made by a provider duly authorized as a roent- 49 genologist to any hospital furnishing facilities and equipment for such 50 examination, diagnosis or treatment, provided such hospital does not 51 also submit a charge for the same services. Nothing contained in this 52 paragraph shall prohibit such providers who practice as partners, in 53 groups or as a professional corporation or as a university faculty prac- 54 tice corporation from pooling fees and moneys received, either by the 55 partnership, professional corporation, university faculty practice 56 corporation or group by the individual members thereof, for professionalA. 3298 4 1 services furnished by any individual professional member, or employee of 2 such partnership, corporation or group, nor shall the professionals 3 constituting the partnerships, corporations, or groups be prohibited 4 from sharing, dividing or apportioning the fees and moneys received by 5 them or by the partnership, corporation or group in accordance with a 6 partnership or other agreement. This paragraph shall not apply to 7 contingency management services operated pursuant to section three 8 hundred sixty-seven-x of the social services law. 9 § 7. This act shall take effect on the one hundred eightieth day after 10 it shall have become a law. Effective immediately, the addition, amend- 11 ment and/or repeal of any rule or regulation necessary for the implemen- 12 tation of this act on its effective date are authorized to be made and 13 completed on or before such effective date.