Bill Text: NY S02764 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes the community chemical dependency services expansion program; provides funding for local governmental units for the provision of new and expanded chemical dependency services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ALCOHOLISM AND DRUG ABUSE [S02764 Detail]
Download: New_York-2017-S02764-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2764 2017-2018 Regular Sessions IN SENATE January 17, 2017 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse AN ACT to amend the mental hygiene law, in relation to establishing the community chemical dependence services expansion program and providing for the repeal of such provisions upon expiration thereof 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 22.13 to read as follows: 3 § 22.13 Community chemical dependency services expansion program. 4 (a) Community chemical dependence services expansion funds shall be 5 annually allocated by the commissioner based upon the following crite- 6 ria: 7 1. the efficiency and effectiveness of the use of funding within the 8 local governmental unit for the delivery of services to persons with 9 serious chemical dependency in order to assure that resources are made 10 available to persons in the community; 11 2. provisions that grantees of such funds for the provision of chemi- 12 cal dependence detoxification services shall have a mechanism to link 13 all clients receiving detoxification services to ongoing treatment for 14 chemical dependency immediately upon the conclusion of their detoxifica- 15 tion; and 16 3. other relevant factors that require the maintenance of existing 17 chemical dependency services and the development of new chemical depend- 18 ency services. 19 (b) Amounts provided pursuant to this section shall only be used to 20 fund chemical dependence treatment services, including detoxification 21 services, and associated local governmental unit administrative expenses 22 such as approved net operating cost, fee-for-service reimbursement, or 23 other financial mechanisms designed to achieve increased quality and 24 cost effectiveness. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04242-01-7S. 2764 2 1 (c) Funds shall be distributed pursuant to this section to local 2 governmental units in proportion to each unit's unmet need for chemical 3 dependence treatment services, as established by the office, except that 4 in distributing such funds, the commissioner shall consider the extent 5 to which each local governmental unit has maintained local contributions 6 for expenditures of chemical dependency services made pursuant to this 7 section in any fiscal year at a level equal to or greater than the 8 amount expended for such services by such local governmental unit in 9 the last completed fiscal year preceding that fiscal year. 10 (d) The commissioner is authorized and empowered to make inspections 11 and examine records of a local governmental unit receiving state aid 12 under this section or a provider of services funded pursuant to subdivi- 13 sion (b) of this section. Such examination shall include all medical, 14 service and financial records, receipts, disbursements, contracts, loans 15 and other moneys relating to the financial operation of the provider. 16 (e) The amount of community chemical dependence services expansion 17 funds for the office shall be determined in the annual budget and shall 18 include the amount of general fund appropriation reductions attributable 19 to reductions in medical assistance expenditures for medically managed 20 chemical dependence detoxification. Such reductions shall be calculated 21 by comparing medical assistance expenditures for medically managed chem- 22 ical dependency detoxification in the base year with the same expendi- 23 tures in the state fiscal year immediately preceding the base year. For 24 purposes of this section, the base year shall be the state fiscal year 25 in which the executive budget is issued. In computing such general fund 26 expenditures, and in computing the state share of medical assistance 27 pursuant to this section, the state share of medical assistance in 28 effect on January first, two thousand five shall be used. 29 (f) For purposes of this section, the definitions contained in section 30 41.03 of this chapter shall apply, except that chemical dependence 31 treatment services shall not include medically managed detoxification 32 provided in general hospitals licensed pursuant to article twenty-eight 33 of the public health law. 34 (g) No provision in this section shall create or be deemed to create 35 any right, interest or entitlement to services or funds that are the 36 subject of this section, or to any other services or funds, whether to 37 individuals, localities, providers or others, individually or collec- 38 tively. 39 § 2. This act shall take effect immediately and shall expire and be 40 deemed repealed March 31, 2022.