Bill Text: NY S02104 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes the office of addiction and mental health services.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-01-08 - RECOMMIT, ENACTING CLAUSE STRICKEN [S02104 Detail]
Download: New_York-2023-S02104-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2104--A 2023-2024 Regular Sessions IN SENATE January 18, 2023 ___________ Introduced by Sens. HARCKHAM, ADDABBO, BROUK, GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance Abuse -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the mental hygiene law, in relation to creating the office of addiction and mental health services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 2 and 2-a of section 1.03 of the mental 2 hygiene law, subdivision 2 as amended and subdivision 2-a as added by 3 chapter 281 of the laws of 2019, are amended to read as follows: 4 2. "Commissioner" means the commissioner of [mental health,] 5 addiction and mental health services and the commissioner of develop- 6 mental disabilities [and the commissioner of addiction services and7supports] as used in this chapter. Any power or duty heretofore assigned 8 to the commissioner of mental hygiene or to the department of mental 9 hygiene pursuant to this chapter shall hereafter be assigned to the 10 commissioner of [mental health] addiction and mental health services in 11 the case of facilities, programs, or services for individuals with 12 [mental illness] a mental health diagnosis, to the commissioner of 13 developmental disabilities in the case of facilities, programs, or 14 services for individuals with developmental disabilities, to the commis- 15 sioner of addiction [services] and [supports] mental health services in 16 the case of facilities, programs, or addiction disorder services in 17 accordance with the provisions of titles D and E of this chapter. 18 2-a. Notwithstanding any other section of law or regulation, on and 19 after the effective date of this subdivision, any and all references to 20 the office of alcoholism and substance abuse services and the predeces- 21 sor agencies to the office of alcoholism and substance abuse services 22 including the division of alcoholism and alcohol abuse and the division EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03499-03-3S. 2104--A 2 1 of substance abuse services and all references to the office of mental 2 health, shall be known as the "office of addiction [services] and 3 [supports] mental health services." Nothing in this subdivision shall 4 be construed as requiring or prohibiting the further amendment of stat- 5 utes or regulations to conform to the provisions of this subdivision. 6 § 2. Section 5.01 of the mental hygiene law, as amended by chapter 281 7 of the laws of 2019, is amended and two new sections 5.01-a and 5.01-b 8 are added to read as follows: 9 § 5.01 Department of mental hygiene. 10 There shall continue to be in the state government a department of 11 mental hygiene. Within the department there shall be the following 12 autonomous offices: 13 (1) office of addiction and mental health services; and 14 (2) office for people with developmental disabilities[;15(3) office of addiction services and supports]. 16 § 5.01-a Office of addiction and mental health services. 17 (a) The office of addiction and mental health services shall be a new 18 office within the department formed by the integration of the offices 19 and services of mental health and addiction services and supports which 20 shall focus on the integration of care and issues related to both mental 21 illness and addiction in the state and carry out the intent of the 22 legislature in establishing the offices pursuant to articles seven and 23 nineteen of this chapter. The office of addiction and mental health 24 services is charged with ensuring the development of comprehensive plans 25 for the integration of programs and services in the area of research, 26 prevention, care and treatment, co-occurring disorders, rehabilitation, 27 education and training, and shall be staffed to perform the responsibil- 28 ities attributed to the office pursuant to sections 7.07 and 19.07 of 29 this chapter and provide integrated services and programs to promote 30 recovery for individuals with a mental health diagnosis, substance use 31 disorder, or a mental health diagnosis and substance use disorder. 32 (b) The commissioner of the office of addiction and mental health 33 services shall be vested with the powers, duties, and obligations of the 34 office of mental health and the office of addiction services and 35 supports. Additionally, two deputy commissioners shall be appointed, 36 one deputy commissioner to represent addiction services and supports, 37 which shall be prominently represented to ensure the needs of substance 38 use disorder communities are met, and one deputy commissioner to repre- 39 sent mental health services. In conjunction with one another, the 40 commissioners shall develop a plan for integrating services which shall 41 be made available for public comment. 42 (c) The office of addiction and mental health services may license 43 providers to provide integrated services for individuals with a mental 44 health diagnosis, substance use disorder, or a mental health diagnosis 45 and substance use disorder, in accordance with regulations issued by the 46 commissioner. Such direct licensing mechanism allows for resources to 47 get to community-based organizations in an expedited manner. 48 (d) The office of addiction and mental health services shall establish 49 a standing advisory committee on addiction and mental health services. 50 The standing advisory committee shall consist of seven members appointed 51 by the governor as follows: (i) two members appointed on the recommenda- 52 tion of the temporary president of the senate; (ii) two members 53 appointed on the recommendation of the speaker of the assembly; (iii) 54 one member appointed on the recommendation of the minority leader of the 55 senate; (iv) one member appointed on the recommendation of the minority 56 leader of the assembly; and (v) one member appointed on the recommenda-S. 2104--A 3 1 tion of the department of health AIDS institute, the office of mental 2 health and the office of addiction services and supports to ensure the 3 intent of the legislature is fulfilled in establishing the integration 4 of services by such office. Such standing advisory committee shall 5 consist of providers, peers, family members, individuals who have 6 utilized addiction services and supports and/or mental health services, 7 the local government unit as defined in article forty-one of this chap- 8 ter, public and private sector unions and representatives of other agen- 9 cies or offices as the designated standing advisory committee may deem 10 necessary. Such standing advisory committee shall meet regularly in 11 furtherance of its functions and at any other time at the request of the 12 designated standing advisory committee leader. 13 § 5.01-b Office of addiction and mental health services; composition of 14 office. 15 Until January first, two thousand twenty-five, the office of addiction 16 and mental health services shall consist of the office of mental health 17 and the office of addiction services and supports. 18 § 3. Section 5.03 of the mental hygiene law, as amended by chapter 281 19 of the laws of 2019, is amended to read as follows: 20 § 5.03 Commissioners. 21 The head of the office of addiction and mental health services shall 22 be the commissioner of [mental health] addiction and mental health 23 services; and the head of the office for people with developmental disa- 24 bilities shall be the commissioner of developmental disabilities[; and25the head of the office of addiction services and supports shall be the26commissioner of addiction services and supports]. Each commissioner 27 shall be appointed by the governor, by and with the advice and consent 28 of the senate, to serve at the pleasure of the governor. Until the 29 commissioner of addiction and mental health services is appointed by the 30 governor and confirmed by the senate, the commissioner of mental health 31 and the commissioner of addiction services and supports shall continue 32 to oversee mental health and addiction services respectively, and work 33 collaboratively to integrate care for individuals with both mental 34 health and substance use disorders. 35 § 4. Section 5.05 of the mental hygiene law, as added by chapter 978 36 of the laws of 1977, subdivision (a) as amended by chapter 168 of the 37 laws of 2010, subdivision (b) as amended by chapter 294 of the laws of 38 2007, paragraph 1 of subdivision (b) as amended by section 14 of part J 39 of chapter 56 of the laws of 2012, subdivision (d) as added by chapter 40 58 of the laws of 1988 and subdivision (e) as added by chapter 588 of 41 the laws of 2011, is amended to read as follows: 42 § 5.05 Powers and duties of the head of the department. 43 (a) The commissioners of the office of addiction and mental health 44 services and the office for people with developmental disabilities, as 45 the heads of the department, shall jointly visit and inspect, or cause 46 to be visited and inspected, all facilities either public or private 47 used for the care, treatment [and], rehabilitation, and recovery of 48 individuals with a mental [illness] health diagnosis, substance use 49 disorder and developmental disabilities in accordance with the require- 50 ments of section four of article seventeen of the New York state consti- 51 tution. 52 (b) (1) The commissioners of the office of addiction and mental 53 health[,] services and the office for people with developmental disabil- 54 ities [and the office of alcoholism and substance abuse services] shall 55 constitute an inter-office coordinating council which, consistent with 56 the autonomy of each office for matters within its jurisdiction, shallS. 2104--A 4 1 ensure that the state policy for the prevention, care, treatment [and], 2 rehabilitation, and recovery of individuals with a mental [illness] 3 health diagnosis, substance use disorders and developmental disabili- 4 ties[, alcoholism, alcohol abuse, substance abuse, substance dependence,5and chemical dependence] is planned, developed and implemented compre- 6 hensively; that gaps in services to individuals with multiple disabili- 7 ties are eliminated and that no person is denied treatment and services 8 because [he or she has] they have more than one disability; that proce- 9 dures for the regulation of programs which offer care and treatment for 10 more than one class of persons with mental disabilities be coordinated 11 between the offices having jurisdiction over such programs; and that 12 research projects of the institutes, as identified in section 7.17 [or], 13 13.17, or 19.17 of this chapter or as operated by the office for people 14 with developmental disabilities, are coordinated to maximize the success 15 and cost effectiveness of such projects and to eliminate wasteful dupli- 16 cation. 17 (2) The inter-office coordinating council shall annually issue a 18 report on its activities to the legislature on or before December thir- 19 ty-first. Such annual report shall include, but not be limited to, the 20 following information: proper treatment models and programs for persons 21 with multiple disabilities and suggested improvements to such models and 22 programs; research projects of the institutes and their coordination 23 with each other; collaborations and joint initiatives undertaken by the 24 offices of the department; consolidation of regulations of each of the 25 offices of the department to reduce regulatory inconsistencies between 26 the offices; inter-office or office activities related to workforce 27 training and development; data on the prevalence, availability of 28 resources and service utilization by persons with multiple disabilities; 29 eligibility standards of each office of the department affecting clients 30 suffering from multiple disabilities, and eligibility standards under 31 which a client is determined to be an office's primary responsibility; 32 agreements or arrangements on statewide, regional and local government 33 levels addressing how determinations over client responsibility are made 34 and client responsibility disputes are resolved; information on any 35 specific cohort of clients with multiple disabilities for which substan- 36 tial barriers in accessing or receiving appropriate care has been 37 reported or is known to the inter-office coordinating council or the 38 offices of the department; and coordination of planning, standards or 39 services for persons with multiple disabilities between the inter-office 40 coordinating council, the offices of the department and local govern- 41 ments in accordance with the local planning requirements set forth in 42 article forty-one of this chapter. 43 (c) The commissioners shall meet from time to time with the New York 44 state conference of local mental hygiene directors to assure consistent 45 procedures in fulfilling the responsibilities required by this section 46 and by article forty-one of this chapter. 47 (d) [1.] (1) The commissioner of addiction and mental health services 48 shall evaluate the type and level of care required by patients in the 49 adult psychiatric centers authorized by section 7.17 of this chapter and 50 develop appropriate comprehensive requirements for the staffing of inpa- 51 tient wards. These requirements should reflect measurable need for 52 administrative and direct care staff including physicians, nurses and 53 other clinical staff, direct and related support and other support 54 staff, established on the basis of sound clinical judgment. The staffing 55 requirements shall include but not be limited to the following: (i) the 56 level of care based on patient needs, including on ward activities, (ii)S. 2104--A 5 1 the number of admissions, (iii) the geographic location of each facili- 2 ty, (iv) the physical layout of the campus, and (v) the physical design 3 of patient care wards. 4 [2.] (2) Such commissioner, in developing the requirements, shall 5 provide for adequate ward coverage on all shifts taking into account the 6 number of individuals expected to be off the ward due to sick leave, 7 workers' compensation, mandated training and all other off ward leaves. 8 [3.] (3) The staffing requirements shall be designed to reflect the 9 legitimate needs of facilities so as to ensure full accreditation and 10 certification by appropriate regulatory bodies. The requirements shall 11 reflect appropriate industry standards. The staffing requirements shall 12 be fully measurable. 13 [4.] (4) The commissioner of addiction and mental health services 14 shall submit an interim report to the governor and the legislature on 15 the development of the staffing requirements on October first, [nineteen16hundred eighty-eight] two thousand twenty-four and again on April first, 17 [nineteen hundred eighty-nine] two thousand twenty-five. The commission- 18 er shall submit a final report to the governor and the legislature no 19 later than October first, [nineteen hundred eighty-nine] two thousand 20 twenty-five and shall include in [his] their report a plan to achieve 21 the staffing requirements and the length of time necessary to meet these 22 requirements. 23 (e) The commissioners of the office of addiction and mental health[,] 24 services and the office for people with developmental disabilities[, and25the office of alcoholism and substance abuse services] shall cause to 26 have all new contracts with agencies and providers licensed by the 27 offices to have a clause requiring notice be provided to all current and 28 new employees of such agencies and providers stating that all instances 29 of abuse shall be investigated pursuant to this chapter, and, if an 30 employee leaves employment prior to the conclusion of a pending abuse 31 investigation, the investigation shall continue. Nothing in this section 32 shall be deemed to diminish the rights, privileges, or remedies of any 33 employee under any other law or regulation or under any collective 34 bargaining agreement or employment contract. 35 § 5. Section 7.01 of the mental hygiene law, as added by chapter 978 36 of the laws of 1977, is amended to read as follows: 37 § 7.01 Declaration of policy. 38 The state of New York and its local governments have a responsibility 39 for the prevention and early detection of mental [illness] health disor- 40 ders and for the comprehensively planned care, treatment [and], rehabil- 41 itation and recovery of [their mentally ill citizens] individuals with a 42 mental health diagnosis. 43 Therefore, it shall be the policy of the state to conduct research and 44 to develop programs which further prevention and early detection of 45 mental [illness] health disorders; to develop a comprehensive, inte- 46 grated system of treatment [and], rehabilitative and recovery services 47 for [the mentally ill] individuals with a mental health diagnosis. Such 48 a system should include, whenever possible, the provision of necessary 49 treatment services to people in their home communities; it should assure 50 the adequacy and appropriateness of residential arrangements for people 51 in need of service; and it should rely upon improved programs of insti- 52 tutional care only when necessary and appropriate. Further, such a 53 system should recognize the important therapeutic roles of all disci- 54 plines which may contribute to the care or treatment of [the mentally55ill] individuals with a mental health diagnosis, such as psychology, 56 social work, psychiatric nursing, special education and other disci-S. 2104--A 6 1 plines in the field of mental illness, as well as psychiatry and should 2 establish accountability for implementation of the policies of the state 3 with regard to the care [and], rehabilitation and recovery of [the4mentally ill] individuals with a mental health diagnosis. 5 To facilitate the implementation of these policies and to further 6 advance the interests of [the mentally ill] individuals with a mental 7 health diagnosis and their families, a new autonomous agency to be known 8 as the office of addiction and mental health services has been estab- 9 lished by this article. The office and its commissioner shall plan and 10 work with local governments, voluntary agencies and all providers and 11 consumers of mental health services in order to develop an effective, 12 integrated, comprehensive system for the delivery of all services to 13 [the mentally ill] individuals with a mental health diagnosis and to 14 create financing procedures and mechanisms to support such a system of 15 services to ensure that [mentally ill] persons in need of services 16 receive appropriate care, treatment and rehabilitation close to their 17 families and communities. In carrying out these responsibilities, the 18 office and its commissioner shall make full use of existing services in 19 the community including those provided by voluntary organizations. 20 § 6. Section 19.01 of the mental hygiene law, as added by chapter 223 21 of the laws of 1992, is amended to read as follows: 22 § 19.01 Declaration of policy. 23 The legislature declares the following: 24 [Alcoholism] Unhealthy alcohol use, substance [abuse] use disorder and 25 chemical dependence pose major health and social problems for individ- 26 uals and their families when left untreated, including family devas- 27 tation, homelessness, [and] unemployment, and death. It has been proven 28 that successful prevention [and], integrated treatment, and sustained 29 recovery can dramatically reduce costs to the health care, criminal 30 justice and social welfare systems. 31 The tragic, cumulative and often fatal consequences of [alcoholism] 32 unhealthy alcohol use and substance [abuse] use disorder are, however, 33 preventable and treatable disabilities that require a coordinated and 34 multi-faceted network of services. 35 The legislature recognizes locally planned and implemented prevention 36 as a primary means to avert the onset of [alcoholism] unhealthy alcohol 37 use and substance [abuse] use disorder. It is the policy of the state to 38 promote comprehensive, age appropriate education for children and youth 39 and stimulate public awareness of the risks associated with [alcoholism] 40 unhealthy alcohol use and substance [abuse] use disorder. Further, the 41 legislature acknowledges the need for a coordinated state policy for the 42 establishment of prevention [and], treatment, and recovery programs 43 designed to address the problems of chemical dependency among youth, 44 including prevention and intervention efforts in school and community- 45 based programs designed to identify and refer high risk youth in need of 46 chemical dependency services. 47 Substantial benefits can be gained through [alcoholism] unhealthy 48 alcohol use and substance [abuse] use disorder treatment for both 49 addicted individuals and their families. Positive treatment outcomes 50 that may be generated through a complete continuum of care offer a cost 51 effective and comprehensive approach to [rehabilitating] treating such 52 individuals. The primary goals of the [rehabilitation] treatment and 53 recovery process are to [restore] rebuild social, family, lifestyle, 54 vocational and economic supports by stabilizing an individual's physical 55 and psychological functioning. The legislature recognizes the impor- 56 tance of varying treatment approaches and levels of care designed toS. 2104--A 7 1 meet each [client's] individual's needs. [Relapse] Reoccurrence 2 prevention and aftercare are two primary components of treatment that 3 serve to promote and maintain recovery. 4 The legislature recognizes that the distinct treatment needs of 5 special populations, including women and women with children, persons 6 with HIV infection, persons [diagnosed] with a mental [illness] health 7 diagnosis, persons who [abuse] misuse chemicals, the homeless and veter- 8 ans with posttraumatic stress disorder, merit particular attention. It 9 is the intent of the legislature to promote effective interventions for 10 such populations in need of particular attention. The legislature also 11 recognizes the importance of family support for individuals in alcohol 12 or substance [abuse] use disorder treatment and recovery. Such family 13 participation can provide lasting support to the recovering individual 14 to [prevent relapse and maintain] support sustained recovery. The inter- 15 generational cycle of chemical dependency within families can be inter- 16 cepted through appropriate interventions. 17 The state of New York and its local governments have a responsibility 18 in coordinating the delivery of [alcoholism] unhealthy alcohol use and 19 substance [abuse] use disorder services, through the entire network of 20 service providers. To accomplish these objectives, the legislature 21 declares that the establishment of a single, unified office of [alcohol-22ism and substance abuse] addiction and mental health services will 23 provide an integrated framework to plan, oversee and regulate the 24 state's prevention and treatment network. In recognition of the growing 25 trends and incidence of chemical dependency, this consolidation allows 26 the state to respond to the changing profile of chemical dependency. 27 The legislature recognizes that some distinctions exist between the 28 [alcoholism] unhealthy alcohol use and substance [abuse] use disorder 29 field and the mental health field and where appropriate, those 30 distinctions may be preserved. Accordingly, it is the intent of the 31 state to establish one office of [alcoholism and substance abuse] 32 addiction and mental health services in furtherance of a comprehensive 33 service delivery system. 34 § 7. Upon or prior to January 1, 2025, the governor may nominate an 35 individual to serve as commissioner of the office of addiction and 36 mental health services. If such individual is confirmed by the senate 37 prior to January 1, 2025, they shall become the commissioner of the 38 office of addiction and mental health services. The governor may desig- 39 nate a person to exercise the powers of the commissioner of the office 40 of addiction and mental health services on an acting basis, until 41 confirmation of a nominee by the senate, who is hereby authorized to 42 take such actions as are necessary and proper to implement the orderly 43 transition of the functions, powers and duties as herein provided, 44 including the preparation for a budget request for the office as estab- 45 lished by this act. 46 § 8. Upon the transfer pursuant to this act of the functions and 47 powers possessed by and all of the obligations and duties of the office 48 of mental health and the office of addiction services and supports as 49 established pursuant to the mental hygiene law and other laws, to the 50 office of addiction and mental health services as prescribed by this 51 act, provision shall be made for the transfer of all employees from the 52 office of mental health and the office of addiction services and 53 supports into the office of addiction and mental health services. 54 Employees so transferred shall be transferred without further examina- 55 tion or qualification to the same or similar titles and shall remain in 56 the same collective bargaining units and shall retain their respectiveS. 2104--A 8 1 civil service classifications, status, and rights pursuant to their 2 collective bargaining units and collective bargaining agreements. 3 § 9. Notwithstanding any contrary provision of law, on or before Octo- 4 ber 1, 2024 and annually thereafter, the office of addiction and mental 5 health services, in consultation with the department of health, shall 6 issue a report, and post such report on their public website, detailing 7 the office's expenditures for addiction and mental health services, 8 including total Medicaid spending directly by the state to licensed or 9 designated providers and payments to managed care providers pursuant to 10 section 364-j of the social services law. The office of addiction and 11 mental health services shall examine reports produced pursuant to this 12 section and may make recommendations to the governor and the legislature 13 regarding appropriations for addiction and mental health services or 14 other provisions of law which may be necessary to effectively implement 15 the creation and continued operation of the office. 16 § 10. Any financial saving realized from the creation of the office of 17 addiction and mental health services shall be reinvested in the services 18 and supports funded by such office. 19 § 11. Severability. If any clause, sentence, paragraph, section or 20 part of this act shall be adjudged by any court of competent jurisdic- 21 tion to be invalid, such judgment shall not affect, impair or invalidate 22 the remainder thereof, but shall be confined in its operation to the 23 clause, sentence, paragraph, section or part thereof directly involved 24 in the controversy in which such judgment shall have been rendered. 25 § 12. This act shall take effect immediately. Effective immediately, 26 the office of mental health and the office of addiction services and 27 supports are authorized to promulgate the addition, amendment and/or 28 repeal of any rule or regulation or engage in any work necessary for the 29 implementation of this act on its effective date authorized to be made 30 and completed on or before such effective date.
