Bill Text: NY S05043 | 2019-2020 | 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) 2020-01-08 - REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE [S05043 Detail]
Download: New_York-2019-S05043-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5043 2019-2020 Regular Sessions IN SENATE April 4, 2019 ___________ Introduced by Sens. PARKER, BAILEY, HOYLMAN, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10644-01-9S. 5043 2 1 other financial mechanisms designed to achieve increased quality and 2 cost effectiveness. 3 (c) Funds shall be distributed pursuant to this section to local 4 governmental units in proportion to each unit's unmet need for chemical 5 dependency treatment services, as established by the office, except that 6 in distributing such funds, the commissioner shall consider the extent 7 to which each local governmental unit has maintained local contributions 8 for expenditures of chemical dependency services made pursuant to this 9 section in any fiscal year at a level equal to or greater than the 10 amount expended for such services by such local governmental unit in 11 the last completed fiscal year preceding that fiscal year. 12 (d) The commissioner is authorized and empowered to make inspections 13 and examine records of a local governmental unit receiving state aid 14 under this section or a provider of services funded pursuant to subdivi- 15 sion (b) of this section. Such examination shall include all medical, 16 service and financial records, receipts, disbursements, contracts, loans 17 and other moneys relating to the financial operation of the provider. 18 (e) The amount of community chemical dependency services expansion 19 funds for the office shall be determined in the annual budget and shall 20 include the amount of general fund appropriation reductions attributable 21 to reductions in medical assistance expenditures for medically managed 22 chemical dependency detoxification. Such reductions shall be calculated 23 by comparing medical assistance expenditures for medically managed chem- 24 ical dependency detoxification in the base year with the same expendi- 25 tures in the state fiscal year immediately preceding the base year. For 26 purposes of this section, the base year shall be the state fiscal year 27 in which the executive budget is issued. In computing such general fund 28 expenditures, and in computing the state share of medical assistance 29 pursuant to this section, the state share of medical assistance in 30 effect on January first, two thousand five shall be used. 31 (f) For purposes of this section, the definitions contained in section 32 41.03 of this chapter shall apply, except that chemical dependency 33 treatment services shall not include medically managed detoxification 34 provided in general hospitals licensed pursuant to article twenty-eight 35 of the public health law. 36 (g) No provision in this section shall create or be deemed to create 37 any right, interest or entitlement to services or funds that are the 38 subject of this section, or to any other services or funds, whether to 39 individuals, localities, providers or others, individually or collec- 40 tively. 41 § 2. This act shall take effect immediately and shall expire and be 42 deemed repealed March 31, 2023.
