Bill Text: NY S03230 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the community chemical dependence 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) 2016-02-11 - PRINT NUMBER 3230A [S03230 Detail]

Download: New_York-2015-S03230-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3230
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 3, 2015
                                      ___________
       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  S 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.
                                                                  LBD05264-01-5
       S. 3230                             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    S 2. This act shall take effect immediately and shall  expire  and  be
   40  deemed repealed March 31, 2019.