Bill Text: NY S02980 | 2021-2022 | General Assembly | Amended
Bill Title: Directs the department of health, in cooperation with various state offices and agencies to review, evaluate, and make recommendations concerning the prescribing and treatment history of persons in this state who suffered fatal and nonfatal opiate overdoses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE [S02980 Detail]
Download: New_York-2021-S02980-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2980--A 2021-2022 Regular Sessions IN SENATE January 26, 2021 ___________ Introduced by Sen. HARCKHAM -- 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 committee AN ACT to direct the department of health, in cooperation with various state offices and agencies, to review, evaluate, and make recommenda- tions concerning the prescribing and treatment history of persons in this state who suffered fatal and nonfatal opiate overdoses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Review of the prescribing and treatment history of persons 2 in this state who suffered fatal and nonfatal opiate overdoses. 1. Defi- 3 nitions. For the purposes of this section: 4 a. "Multiple provider episodes" shall mean a single patient having 5 access to opiate prescriptions from more than one provider. 6 b. "Poly-substance access" shall mean a patient having simultaneous 7 prescriptions for an opiate and a benzodiazepine or for an opiate and 8 another drug which may enhance the effects or the risks of substance use 9 disorder or overdose. 10 c. "Provider" shall include any individual practicing medicine as 11 defined in section 6521 of the education law. 12 2. Review. The department of health, in cooperation with the depart- 13 ment of corrections and community supervision, the office of addiction 14 services and supports, and the office of mental health, shall conduct a 15 review of the prescribing and treatment history, including court-ordered 16 treatment or treatment within the criminal justice system, of persons in 17 this state who suffered fatal or nonfatal opiate overdoses beginning in 18 the calendar years 2011 to 2020 and yearly thereafter. Such review 19 shall, with regard to such persons, conduct or provide for an examina- 20 tion of: 21 a. instances of multiple provider episodes; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00365-02-1S. 2980--A 2 1 b. instances of poly-substance access; 2 c. the overall opiate prescription history of individuals, including 3 whether such individuals had access to legal prescriptions for opiate 4 drugs at the time of their overdoses; 5 d. whether individuals had previously undergone voluntary or involun- 6 tary treatment for substance addiction or behavioral health; 7 e. whether individuals had attempted to enter but were denied access 8 to treatment for substance addiction or behavioral health; 9 f. whether individuals had received past treatment for a substance 10 overdose; and 11 g. whether any individuals had been previously detained or incarcerat- 12 ed and, if so, whether such individuals had received treatment during 13 such detention or incarceration. 14 3. Report. No later than one year after the effective date of this 15 act, the department of health, in cooperation with the department of 16 corrections and community supervision, the office of addiction services 17 and supports, and the office of mental health, shall deliver a report in 18 an aggregate and de-identified form on trends discovered through the 19 review conducted pursuant to subdivision two of this section to the 20 governor, the temporary president of the senate, and the speaker of the 21 assembly. The reports for the calendar year 2020 shall be completed and 22 delivered to the governor, the temporary president of the senate and the 23 speaker of the assembly by December 31, 2021. For future calendar years, 24 the report shall be completed and delivered to such persons on or before 25 December 31 of the following year. 26 4. Powers. (a) The commissioner of health, the commissioner of the 27 department of corrections and community supervision, the commissioner of 28 the office of addiction services and supports and the commissioner of 29 the office of mental health may be granted access to information, 30 including, but not limited to death records, medical or treatment 31 records, autopsy reports, toxicology reports, and any other information 32 that will help the departments and offices under this section to proper- 33 ly carry out its functions, powers and duties. Such information obtained 34 may not be used for law enforcement purposes. 35 (b) All other departments or agencies of the state or subdivisions 36 thereof, and local governments shall, at the request of the commissioner 37 of health, the commissioner of corrections and community supervision, 38 the commissioner of the office of addiction services and supports, or 39 the commissioner of the office of mental health, or at the request of 40 the designee of any such commissioner, provide expertise, assistance, 41 and/or data that is relevant or material to the completion of the review 42 directed by subdivision two of this section and the report directed to 43 be completed by subdivision three of this section. 44 5. Confidentiality. In publishing data under this act, the commission- 45 er of health shall take all necessary steps to protect the privacy of 46 individuals whose information is included in such data, including but 47 not limited to, complying with privacy protections promulgated under 48 the federal Health Insurance Portability and Account Act of 1996. 49 § 2. This act shall take effect immediately.
