Bill Text: NY S03591 | 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 (Democrat 4-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ALCOHOLISM AND DRUG ABUSE [S03591 Detail]

Download: New_York-2017-S03591-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3591
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 25, 2017
                                       ___________
        Introduced  by  Sen.  PARKER -- 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 dependency services expansion program; and provid-
          ing 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 dependency 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  dependency  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  dependency  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.
                                                                   LBD07491-01-7

        S. 3591                             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  dependency 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 dependency 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 dependency 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 dependency
    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, 2021.
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