Bill Text: NY S05084 | 2021-2022 | General Assembly | Introduced

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

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Bill Title: Establishes the office of addiction and mental health services.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2022-05-16 - referred to alcoholism and drug abuse [S05084 Detail]

Download: New_York-2021-S05084-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5084

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 23, 2021
                                       ___________

        Introduced  by Sen. HARCKHAM -- 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 creating the
          office of addiction and mental health services

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions  2  and  2-a  of  section 1.03 of the mental
     2  hygiene law, subdivision 2 as amended and subdivision 2-a  as  added  by
     3  chapter 281 of the laws of 2019, are amended to read as follows:
     4    2.  ["Commissioner"  means the commissioner of mental health] "Commis-
     5  sioner" means the commissioner of addiction and mental health  services,
     6  and the commissioner of developmental disabilities [and the commissioner
     7  of  addiction  services and supports] as used in this chapter. Any power
     8  or duty heretofore assigned to the commissioner of mental hygiene or  to
     9  the department of mental hygiene pursuant to this chapter shall hereaft-
    10  er  be  assigned  to  the  commissioner  of  addiction and mental health
    11  services in the case of facilities, programs, or services  for  individ-
    12  uals with mental illness, to the commissioner of developmental disabili-
    13  ties  in  the  case of facilities, programs, or services for individuals
    14  with developmental disabilities, to the commissioner  of  addiction  and
    15  mental  health  services  [and  supports]  in  the  case  of facilities,
    16  programs,  or  addiction  disorder  services  in  accordance  with   the
    17  provisions of titles D and E of this chapter.
    18    2-a.  Notwithstanding  any  other section of law or regulation, on and
    19  after the effective date of this subdivision, any and all references  to
    20  the  office of alcoholism and substance abuse services and the predeces-
    21  sor agencies to the office of alcoholism and  substance  abuse  services
    22  including  the division of alcoholism and alcohol abuse and the division
    23  of substance abuse services and all references to the office  of  mental
    24  health,  shall  be  known  as the "office of addiction and mental health

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09785-01-1
        S. 5084                             2

     1  services [and supports]." Nothing in this subdivision shall be construed
     2  as requiring or prohibiting the further amendment of statutes  or  regu-
     3  lations to conform to the provisions of this subdivision.
     4    § 2. Section 5.01 of the mental hygiene law, as amended by chapter 281
     5  of  the  laws of 2019, is amended and two new sections 5.01-a and 5.01-b
     6  are added to read as follows:
     7  § 5.01 Department of mental hygiene.
     8    There shall continue to be in the state  government  a  department  of
     9  mental  hygiene.  Within  the  department  there  shall be the following
    10  autonomous offices:
    11    (1) office of addiction and mental health services; and
    12    (2) office for people with developmental disabilities[;
    13    (3) office of addiction services and supports].
    14  § 5.01-a Office of addiction and mental health services.
    15    (a) The office of  addiction and mental health services shall be a new
    16  office within the department formed by the integration of the offices of
    17  mental health and addiction services and supports which shall  focus  on
    18  issues  related  to  both  mental illness and addiction in the state and
    19  carry out the intent of the  legislature  in  establishing  the  offices
    20  pursuant  to  articles seven and nineteen of this chapter. The office of
    21  addiction and mental health services is charged with ensuring the devel-
    22  opment of comprehensive plans for programs and services in the  area  of
    23  research,  prevention, and care and treatment, rehabilitation, education
    24  and training, and shall  be  staffed  to  perform  the  responsibilities
    25  attributed  to  the  office  pursuant to sections 7.07 and 19.07 of this
    26  chapter and provide services and programs to promote recovery for  indi-
    27  viduals  with  mental illness, substance use disorder, or mental illness
    28  and substance use disorder.
    29    (b) The commissioner of the office  of  addiction  and  mental  health
    30  services shall be vested with the powers, duties, and obligations of the
    31  office  of  mental  health  and  the  office  of  addiction services and
    32  supports.   Additionally, two executive deputy  commissioners  shall  be
    33  appointed, one commissioner to represent addiction services and supports
    34  and one commissioner to represent mental health services
    35    (c)    The  office of addiction and mental health services may license
    36  providers to provide integrated services  for  individuals  with  mental
    37  illness,  substance  use  disorder,  or mental illness and substance use
    38  disorder, in accordance with regulations issued by the commissioner.
    39  § 5.01-b Office of addiction and mental health services.
    40    Until January first, two thousand twenty-two, the office of  addiction
    41  and  mental health services shall consist of the office of mental health
    42  and the office of addiction services and supports.
    43    § 3. Section 5.03 of the mental hygiene law, as amended by chapter 281
    44  of the laws of 2019, is amended to read as follows:
    45  § 5.03 Commissioners.
    46    The head of the office of addiction and mental health  services  shall
    47  be  the  commissioner  of  addiction and mental health services; and the
    48  head of the office for people with developmental disabilities  shall  be
    49  the  commissioner  of  developmental  disabilities[; and the head of the
    50  office of addiction services and supports shall be the  commissioner  of
    51  addiction  services  and supports]. Each commissioner shall be appointed
    52  by the governor, by and with the advice and consent of  the  senate,  to
    53  serve  at  the  pleasure  of  the  governor.   Until the commissioner of
    54  addiction and mental health services is appointed by  the  governor  and
    55  confirmed  by  the  senate,  the  commissioner  of mental health and the
    56  commissioner of addiction services and supports shall continue to  over-
        S. 5084                             3

     1  see mental health and addiction services respectively, and work collabo-
     2  ratively  to  integrate care for individuals with both mental health and
     3  substance use disorders.
     4    §  4.  Section 5.05 of the mental hygiene law, as added by chapter 978
     5  of the laws of 1977, subdivision (a) as amended by chapter  168  of  the
     6  laws  of  2010, subdivision (b) as amended by chapter 294 of the laws of
     7  2007, paragraph 1 of subdivision (b) as amended by section 14 of part  J
     8  of  chapter  56 of the laws of 2012, subdivision (d) as added by chapter
     9  58 of the laws of 1988 and subdivision (e) as added by  chapter  588  of
    10  the laws of 2011, is amended to read as follows:
    11  § 5.05 Powers and duties of the head of the department.
    12    (a)  The  commissioners  of  the office of addiction and mental health
    13  services and the office for people with developmental  disabilities,  as
    14  the  heads  of the department, shall jointly visit and inspect, or cause
    15  to be visited and inspected, all facilities  either  public  or  private
    16  used  for  the  care,  treatment  and rehabilitation of individuals with
    17  mental illness, substance use disorder and developmental disabilities in
    18  accordance with the requirements of section four of article seventeen of
    19  the New York state constitution.
    20    (b) (1) The commissioners  of  the  office  of  addiction  and  mental
    21  health[,] services and the office for people with developmental disabil-
    22  ities  [and the office of alcoholism and substance abuse services] shall
    23  constitute an inter-office coordinating council which,  consistent  with
    24  the  autonomy  of each office for matters within its jurisdiction, shall
    25  ensure that the state policy for the  prevention,  care,  treatment  and
    26  rehabilitation  of individuals with mental illness, substance use disor-
    27  ders  and  developmental  disabilities[,  alcoholism,   alcohol   abuse,
    28  substance  abuse,  substance  dependence,  and  chemical  dependence] is
    29  planned,  developed  and  implemented  comprehensively;  that  gaps   in
    30  services  to  individuals  with multiple disabilities are eliminated and
    31  that no person is denied treatment and services because he  or  she  has
    32  more than one disability; that procedures for the regulation of programs
    33  which  offer  care and treatment for more than one class of persons with
    34  mental disabilities be coordinated between the offices having  jurisdic-
    35  tion  over  such programs; and that research projects of the institutes,
    36  as identified in section 7.17 [or], 13.17, or 19.17 of this  chapter  or
    37  as  operated  by  the office for people with developmental disabilities,
    38  are coordinated to maximize the success and cost effectiveness  of  such
    39  projects and to eliminate wasteful duplication.
    40    (2)  The  inter-office  coordinating  council  shall  annually issue a
    41  report on its activities to the legislature on or before December  thir-
    42  ty-first.   Such annual report shall include, but not be limited to, the
    43  following information: proper treatment models and programs for  persons
    44  with multiple disabilities and suggested improvements to such models and
    45  programs;  research  projects  of  the institutes and their coordination
    46  with each other; collaborations and joint initiatives undertaken by  the
    47  offices  of  the department; consolidation of regulations of each of the
    48  offices of the department to reduce regulatory  inconsistencies  between
    49  the  offices;  inter-office  or  office  activities related to workforce
    50  training and  development;  data  on  the  prevalence,  availability  of
    51  resources and service utilization by persons with multiple disabilities;
    52  eligibility standards of each office of the department affecting clients
    53  suffering  from  multiple  disabilities, and eligibility standards under
    54  which a client is determined to be an office's  primary  responsibility;
    55  agreements  or  arrangements on statewide, regional and local government
    56  levels addressing how determinations over client responsibility are made
        S. 5084                             4

     1  and client responsibility disputes  are  resolved;  information  on  any
     2  specific cohort of clients with multiple disabilities for which substan-
     3  tial  barriers  in  accessing  or  receiving  appropriate  care has been
     4  reported  or  is  known  to the inter-office coordinating council or the
     5  offices of the department; and coordination of  planning,  standards  or
     6  services for persons with multiple disabilities between the inter-office
     7  coordinating  council,  the  offices of the department and local govern-
     8  ments in accordance with the local planning requirements  set  forth  in
     9  article forty-one of this chapter.
    10    (c)  The  commissioners shall meet from time to time with the New York
    11  state conference of local mental hygiene directors to assure  consistent
    12  procedures  in  fulfilling the responsibilities required by this section
    13  and by article forty-one of this chapter.
    14    (d) 1. The commissioner of addiction and mental health services  shall
    15  evaluate  the  type  and level of care required by patients in the adult
    16  psychiatric centers authorized by  section  7.17  of  this  chapter  and
    17  develop appropriate comprehensive requirements for the staffing of inpa-
    18  tient  wards.  These  requirements  should  reflect  measurable need for
    19  administrative and direct care staff including  physicians,  nurses  and
    20  other  clinical  staff,  direct  and  related  support and other support
    21  staff, established on the basis of sound clinical judgment. The staffing
    22  requirements shall include but not be limited to the following: (i)  the
    23  level of care based on patient needs, including on ward activities, (ii)
    24  the  number of admissions, (iii) the geographic location of each facili-
    25  ty, (iv) the physical layout of the campus, and (v) the physical  design
    26  of patient care wards.
    27    2.  Such  commissioner,  in developing the requirements, shall provide
    28  for adequate ward coverage on all shifts taking into account the  number
    29  of  individuals  expected to be off the ward due to sick leave, workers'
    30  compensation, mandated training and all other off ward leaves.
    31    3. The staffing requirements shall be designed to reflect the  legiti-
    32  mate  needs of facilities so as to ensure full accreditation and certif-
    33  ication by appropriate regulatory bodies. The requirements shall reflect
    34  appropriate industry standards. The staffing requirements shall be fully
    35  measurable.
    36    [4. The commissioner of mental health shall submit an  interim  report
    37  to  the  governor and the legislature on the development of the staffing
    38  requirements on October first, nineteen hundred eighty-eight  and  again
    39  on  April  first,  nineteen  hundred eighty-nine. The commissioner shall
    40  submit a final report to the governor and the legislature no later  than
    41  October  first,  nineteen  hundred  eighty-nine and shall include in his
    42  report a plan to achieve the staffing requirements  and  the  length  of
    43  time necessary to meet these requirements.]
    44    (e)  The commissioners of the office of addiction and mental health[,]
    45  services and the office for people with developmental disabilities[, and
    46  the office of alcoholism and substance abuse services]  shall  cause  to
    47  have  all  new  contracts  with  agencies  and providers licensed by the
    48  offices to have a clause requiring notice be provided to all current and
    49  new employees of such agencies and providers stating that all  instances
    50  of  abuse  shall  be  investigated  pursuant to this chapter, and, if an
    51  employee leaves employment prior to the conclusion of  a  pending  abuse
    52  investigation, the investigation shall continue. Nothing in this section
    53  shall  be  deemed to diminish the rights, privileges, or remedies of any
    54  employee under any other law  or  regulation  or  under  any  collective
    55  bargaining agreement or employment contract.
        S. 5084                             5

     1    §  5.  Section 7.01 of the mental hygiene law, as added by chapter 978
     2  of the laws of 1977, is amended to read as follows:
     3  § 7.01 Declaration of policy.
     4    The  state of New York and its local governments have a responsibility
     5  for the prevention and early detection of mental  illness  and  for  the
     6  comprehensively  planned  care,  treatment  and  rehabilitation of their
     7  mentally ill citizens.
     8    Therefore, it shall be the policy of the state to conduct research and
     9  to develop programs which further  prevention  and  early  detection  of
    10  mental  illness; to develop a comprehensive, integrated system of treat-
    11  ment and rehabilitative services for the mentally  ill.  Such  a  system
    12  should  include, whenever possible, the provision of necessary treatment
    13  services to people in their  home  communities;  it  should  assure  the
    14  adequacy  and  appropriateness of residential arrangements for people in
    15  need of service; and it should rely upon improved programs  of  institu-
    16  tional  care only when necessary and appropriate. Further, such a system
    17  should recognize the important  therapeutic  roles  of  all  disciplines
    18  which  may contribute to the care or treatment of the mentally ill, such
    19  as psychology, social work, psychiatric nursing, special  education  and
    20  other  disciplines in the field of mental illness, as well as psychiatry
    21  and should establish accountability for implementation of  the  policies
    22  of  the state with regard to the care and rehabilitation of the mentally
    23  ill.
    24    To facilitate the implementation of  these  policies  and  to  further
    25  advance  the  interests  of  the  mentally ill and their families, a new
    26  autonomous agency to be known as the  office  of  addiction  and  mental
    27  health services has been established by this article. The office and its
    28  commissioner shall plan and work with local governments, voluntary agen-
    29  cies  and all providers and consumers of mental health services in order
    30  to develop an effective, integrated, comprehensive system for the deliv-
    31  ery of all services to the mentally ill and to create  financing  proce-
    32  dures and mechanisms to support such a system of services to ensure that
    33  mentally  ill  persons  in  need  of  services receive appropriate care,
    34  treatment and rehabilitation close to their families and communities. In
    35  carrying out these responsibilities, the  office  and  its  commissioner
    36  shall  make  full  use  of  existing services in the community including
    37  those provided by voluntary organizations.
    38    § 6. Section 19.01 of the mental hygiene law, as added by chapter  223
    39  of the laws of 1992, is amended to read as follows:
    40  § 19.01 Declaration of policy.
    41    The legislature declares the following:
    42    Alcoholism,  substance abuse and chemical dependence pose major health
    43  and social  problems  for  individuals  and  their  families  when  left
    44  untreated, including family devastation, homelessness, and unemployment.
    45  It  has been proven that successful prevention and treatment can dramat-
    46  ically reduce costs to the health  care,  criminal  justice  and  social
    47  welfare systems.
    48    The  tragic, cumulative and often fatal consequences of alcoholism and
    49  substance abuse are, however,  preventable  and  treatable  disabilities
    50  that require a coordinated and multi-faceted network of services.
    51    The  legislature recognizes locally planned and implemented prevention
    52  as a primary means to avert the onset of alcoholism and substance abuse.
    53  It is the policy of the state to promote comprehensive, age  appropriate
    54  education  for  children and youth and stimulate public awareness of the
    55  risks associated with  alcoholism  and  substance  abuse.  Further,  the
    56  legislature acknowledges the need for a coordinated state policy for the
        S. 5084                             6

     1  establishment  of  prevention and treatment programs designed to address
     2  the problems of chemical dependency among  youth,  including  prevention
     3  and intervention efforts in school and community-based programs designed
     4  to  identify  and  refer  high risk youth in need of chemical dependency
     5  services.
     6    Substantial benefits can be gained through  alcoholism  and  substance
     7  abuse  treatment for both addicted individuals and their families. Posi-
     8  tive treatment outcomes that may be generated through a complete contin-
     9  uum of care offer a cost effective and comprehensive approach  to  reha-
    10  bilitating such individuals. The primary goals of the rehabilitation and
    11  recovery  process  are  to restore social, family, lifestyle, vocational
    12  and economic  supports  by  stabilizing  an  individual's  physical  and
    13  psychological functioning.  The legislature recognizes the importance of
    14  varying  treatment  approaches  and levels of care designed to meet each
    15  client's needs.  Relapse prevention and aftercare are two primary compo-
    16  nents of treatment that serve to promote and maintain recovery.
    17    The legislature  recognizes  that  the  distinct  treatment  needs  of
    18  special  populations,  including  women and women with children, persons
    19  with HIV infection, persons diagnosed with mental illness,  persons  who
    20  abuse  chemicals,  the  homeless  and veterans with posttraumatic stress
    21  disorder, merit particular attention. It is the intent of  the  legisla-
    22  ture  to promote effective interventions for such populations in need of
    23  particular attention. The legislature also recognizes the importance  of
    24  family  support  for individuals in alcohol or substance abuse treatment
    25  and recovery. Such family participation can provide lasting  support  to
    26  the  recovering individual to prevent relapse and maintain recovery. The
    27  intergenerational cycle of chemical dependency within  families  can  be
    28  intercepted through appropriate interventions.
    29    The  state of New York and its local governments have a responsibility
    30  in coordinating the delivery of alcoholism and substance abuse services,
    31  through the entire network of service  providers.  To  accomplish  these
    32  objectives, the legislature declares that the establishment of a single,
    33  unified  office of [alcoholism and substance abuse] addiction and mental
    34  health services will provide an integrated framework  to  plan,  oversee
    35  and  regulate  the state's prevention and treatment network. In recogni-
    36  tion of the growing trends and incidence of  chemical  dependency,  this
    37  consolidation  allows  the  state  to respond to the changing profile of
    38  chemical dependency.  The legislature recognizes that some  distinctions
    39  exist  between  the  alcoholism and substance abuse field and the mental
    40  health field and where appropriate, those distinctions may be preserved.
    41  Accordingly, it is the intent of the state to establish  one  office  of
    42  [alcoholism and substance abuse] addiction and mental health services in
    43  furtherance of a comprehensive service delivery system.
    44    §  7.  Upon  or prior to January 1, 2022, the governor may nominate an
    45  individual to serve as commissioner  of  the  office  of  addiction  and
    46  mental  health  services.  If such individual is confirmed by the senate
    47  prior to January 1, 2022, they shall  become  the  commissioner  of  the
    48  office  of addiction and mental health services. The governor may desig-
    49  nate a person to exercise the powers of the commissioner of  the  office
    50  of  addiction  and  mental  health  services  on  an acting basis, until
    51  confirmation of a nominee by the senate, who  is  hereby  authorized  to
    52  take  such  actions as are necessary and proper to implement the orderly
    53  transition of the  functions,  powers  as  duties  as  herein  provided,
    54  including  the preparation for a budget request for the office as estab-
    55  lished by this act.
        S. 5084                             7

     1    § 8. Upon the transfer pursuant to  this  act  of  the  functions  and
     2  powers  possessed by and all of the obligations and duties of the office
     3  of mental health and the office of addiction services  and  supports  as
     4  established  pursuant  to  the mental hygiene law and other laws, to the
     5  office  of  addiction  and  mental health services as prescribed by this
     6  act, provision shall be made for the transfer of all employees from  the
     7  office  of  mental  health  and  the  office  of  addiction services and
     8  supports into the  office  of  addiction  and  mental  health  services.
     9  Employees  so  transferred shall be transferred without further examina-
    10  tion or qualification to the same or similar titles and shall remain  in
    11  the  same  collective bargaining units and shall retain their respective
    12  civil service classifications, status,  and  rights  pursuant  to  their
    13  collective bargaining units and collective bargaining agreements.
    14    § 9. Notwithstanding any contrary provision of law, on or before Octo-
    15  ber  1, 2021 and annually thereafter, the office of addiction and mental
    16  health  services, in consultation with the department of  health,  shall
    17  issue  a report, and post such report on their public website, detailing
    18  the office's expenditures for mental health and addiction  services  and
    19  supports,  including  total  Medicaid  spending directly by the state to
    20  licensed or designated providers and payments to managed care  providers
    21  pursuant  to  section  364-j  of  the social services law. The office of
    22  addiction and mental health  services  shall  examine  reports  produced
    23  pursuant  to  this  section and may make recommendations to the governor
    24  and the legislature  regarding  appropriations  for  mental  health  and
    25  addiction  services and supports or other provisions of law which may be
    26  necessary to effectively implement the creation and continued  operation
    27  of  the office. The office of addiction and mental health services shall
    28  also issue a report detailing the steps necessary to shift control  over
    29  Medicaid  spending for mental health and addiction services and supports
    30  to such office. Such plan shall be implemented in  the  next  succeeding
    31  state budget.
    32    § 10. The budget appropriations for the office of addiction and mental
    33  health  services  shall  be  maintained  in  a  manner so that those for
    34  addiction services and supports and mental health services are separate-
    35  ly itemized. Further, the methods of funding services  and  supports  in
    36  place  as  of January 1, 2021 shall not be altered. Any financial saving
    37  realized from the creation of the office of addiction and mental  health
    38  services shall be reinvested in the services and supports funded by such
    39  office.
    40    §  11.  Severability.  If  any clause, sentence, paragraph, section or
    41  part of this act shall be adjudged by any court of  competent  jurisdic-
    42  tion to be invalid, such judgment shall not affect, impair or invalidate
    43  the  remainder  thereof,  but  shall be confined in its operation to the
    44  clause, sentence, paragraph, section or part thereof  directly  involved
    45  in the controversy in which such judgment shall have been rendered.
    46    §  12.  This act shall take effect immediately. Effective immediately,
    47  the office of mental health and the office  of  addiction  services  and
    48  supports  are  authorized  to  promulgate the addition, amendment and/or
    49  repeal of any rule or regulation or engage in any work necessary for the
    50  implementation of this act on its effective date authorized to  be  made
    51  and completed on or before such effective date.