senate Bill S2558

Amended

Establishes the community chemical dependence services expansion program

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 22 / Jan / 2013
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 08 / Jan / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 30 / Jan / 2014
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 30 / Jan / 2014
    • PRINT NUMBER 2558A

Summary

Establishes the community chemical dependence services expansion program; provides funding for local governmental units for the provision of new and expanded chemical dependency services.

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Bill Details

Versions:
S2558
S2558A
Legislative Cycle:
2013-2014
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง22.13, Ment Hyg L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2214A
2009-2010: S2192

Sponsor Memo

BILL NUMBER:S2558

TITLE OF BILL:
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

PURPOSE:
The purpose of this bill is to reduce the over-utilization of New York
City's medically managed detoxification services by increasing the
availability of chemical dependency services available at local,
community-based agencies.

SUMMARY OF PROVISIONS:
The bill amends the Mental Hygiene Law to add a new section 22.13 to
direct the Office of Alcoholism and Substance Abuse Services (OASAS)
to use funds attributable to reductions in expenditures for medically
managed chemical dependence detoxification to provide grants to fund
the Community Chemical Dependence Services Expansion Program. Grants
will be distributed directly from OASAS to non-profit entities, and
to local governmental units in proportion to the unmet need for
chemical dependency services. The act will sunset on March 31, 2018.

EXISTING LAW:
None.

JUSTIFICATION:
The New York City Department of Health and Mental Hygiene and OASAS
have undertaken efforts to reduce the over-utilization of New York
City's medically managed detoxification services by increasing the
availability of, and incentives for patients to utilize less
restrictive and less expensive alternatives. This substitution will
result in more appropriate care as well as very significant savings
for the State.

The proposed legislation will ensure that savings achieved by the
substitution of less restrictive alternatives for medically managed
inpatient detoxification will be reinvested in New York State's
chemical dependency services system, and that community-based
agencies receive the resources necessary to provide treatment and
link clients to ongoing care.

The funds saved and reinvested will be necessary to fill any
identified gaps, support initiatives that bring evidence-based
treatment into practice in the community-based service sector, and
improve the outcomes for people living with chemical dependency.
Initiatives that should benefit
from such reinvestment include: case management, shelter and
ambulatory-based detoxification centers, buprenorphine and methadone
treatment capacity expansion, and services for patients with
co-occurring psychiatric and addictive disorders.

LEGISLATIVE HISTORY:
2012: S.2214A - Amended and Recommitted to Alcoholism and Drug Abuse


2010: S.2192 - Referred to Mental Health & Developmental Disabilities
2008. S.7514 - Referred to Mental Health & Developmental Disabilities

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and shall expire March 31, 2018.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2558

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 22, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

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:

  Section 1. The mental hygiene law is amended by adding a  new  section
22.13 to read as follows:
S 22.13 COMMUNITY CHEMICAL DEPENDENCY SERVICES EXPANSION PROGRAM.
  (A)  COMMUNITY  CHEMICAL  DEPENDENCE SERVICES EXPANSION FUNDS SHALL BE
ANNUALLY ALLOCATED BY THE COMMISSIONER BASED UPON THE  FOLLOWING  CRITE-
RIA:
  1.  THE  EFFICIENCY AND EFFECTIVENESS OF THE USE OF FUNDING WITHIN THE
LOCAL GOVERNMENTAL UNIT FOR THE DELIVERY OF  SERVICES  TO  PERSONS  WITH
SERIOUS  CHEMICAL  DEPENDENCY IN ORDER TO ASSURE THAT RESOURCES ARE MADE
AVAILABLE TO PERSONS IN THE COMMUNITY;
  2. PROVISIONS THAT GRANTEES OF SUCH FUNDS FOR THE PROVISION  OF CHEMI-
CAL DEPENDENCE DETOXIFICATION SERVICES SHALL HAVE A  MECHANISM  TO  LINK
ALL  CLIENTS  RECEIVING DETOXIFICATION SERVICES TO ONGOING TREATMENT FOR
CHEMICAL DEPENDENCY IMMEDIATELY UPON THE CONCLUSION OF THEIR DETOXIFICA-
TION; AND
  3. OTHER RELEVANT FACTORS THAT REQUIRE  THE  MAINTENANCE  OF  EXISTING
CHEMICAL DEPENDENCY SERVICES AND THE DEVELOPMENT OF NEW CHEMICAL DEPEND-
ENCY SERVICES.
  (B)  AMOUNTS  PROVIDED  PURSUANT TO THIS SECTION SHALL ONLY BE USED TO
FUND CHEMICAL DEPENDENCE TREATMENT  SERVICES,  INCLUDING  DETOXIFICATION
SERVICES, AND ASSOCIATED LOCAL GOVERNMENTAL UNIT ADMINISTRATIVE EXPENSES
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.
                                                           LBD07398-01-3

S. 2558                             2

OTHER FINANCIAL MECHANISMS DESIGNED TO  ACHIEVE  INCREASED  QUALITY  AND
COST EFFECTIVENESS.
  (C)  FUNDS  SHALL  BE  DISTRIBUTED  PURSUANT  TO THIS SECTION TO LOCAL
GOVERNMENTAL UNITS IN PROPORTION TO EACH UNIT'S UNMET NEED FOR  CHEMICAL
DEPENDENCE TREATMENT SERVICES, AS ESTABLISHED BY THE OFFICE, EXCEPT THAT
IN  DISTRIBUTING  SUCH FUNDS, THE COMMISSIONER SHALL CONSIDER THE EXTENT
TO WHICH EACH LOCAL GOVERNMENTAL UNIT HAS MAINTAINED LOCAL CONTRIBUTIONS
FOR EXPENDITURES OF CHEMICAL DEPENDENCY SERVICES MADE PURSUANT  TO  THIS
SECTION  IN  ANY  FISCAL  YEAR  AT  A LEVEL EQUAL TO OR GREATER THAN THE
AMOUNT EXPENDED FOR SUCH  SERVICES BY SUCH LOCAL  GOVERNMENTAL  UNIT  IN
THE LAST COMPLETED FISCAL YEAR PRECEDING THAT FISCAL YEAR.
  (D)  THE  COMMISSIONER IS AUTHORIZED AND EMPOWERED TO MAKE INSPECTIONS
AND EXAMINE RECORDS OF A LOCAL GOVERNMENTAL  UNIT  RECEIVING  STATE  AID
UNDER THIS SECTION OR A PROVIDER OF SERVICES FUNDED PURSUANT TO SUBDIVI-
SION  (B)  OF  THIS SECTION. SUCH EXAMINATION SHALL INCLUDE ALL MEDICAL,
SERVICE AND FINANCIAL RECORDS, RECEIPTS, DISBURSEMENTS, CONTRACTS, LOANS
AND OTHER MONEYS RELATING TO THE FINANCIAL OPERATION OF THE PROVIDER.
  (E) THE AMOUNT OF COMMUNITY  CHEMICAL  DEPENDENCE  SERVICES  EXPANSION
FUNDS  FOR THE OFFICE SHALL BE DETERMINED IN THE ANNUAL BUDGET AND SHALL
INCLUDE THE AMOUNT OF GENERAL FUND APPROPRIATION REDUCTIONS ATTRIBUTABLE
TO REDUCTIONS IN MEDICAL ASSISTANCE EXPENDITURES FOR  MEDICALLY  MANAGED
CHEMICAL  DEPENDENCE DETOXIFICATION. SUCH REDUCTIONS SHALL BE CALCULATED
BY COMPARING MEDICAL ASSISTANCE EXPENDITURES FOR MEDICALLY MANAGED CHEM-
ICAL DEPENDENCY DETOXIFICATION IN THE BASE YEAR WITH THE  SAME  EXPENDI-
TURES  IN THE STATE FISCAL YEAR IMMEDIATELY PRECEDING THE BASE YEAR. FOR
PURPOSES OF THIS SECTION, THE BASE YEAR SHALL BE THE STATE  FISCAL  YEAR
IN  WHICH THE EXECUTIVE BUDGET IS ISSUED. IN COMPUTING SUCH GENERAL FUND
EXPENDITURES, AND IN COMPUTING THE STATE  SHARE  OF  MEDICAL  ASSISTANCE
PURSUANT  TO  THIS  SECTION,  THE  STATE  SHARE OF MEDICAL ASSISTANCE IN
EFFECT ON JANUARY FIRST, TWO THOUSAND FIVE SHALL BE USED.
  (F) FOR  PURPOSES  OF  THIS  SECTION,  THE  DEFINITIONS  CONTAINED  IN
SECTIONS 26.00 AND 41.03 OF THIS CHAPTER SHALL APPLY, EXCEPT THAT CHEMI-
CAL  DEPENDENCE  TREATMENT  SERVICES SHALL NOT INCLUDE MEDICALLY MANAGED
DETOXIFICATION PROVIDED IN GENERAL HOSPITALS LICENSED PURSUANT TO  ARTI-
CLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
  (G)  NO  PROVISION IN THIS SECTION SHALL CREATE OR BE DEEMED TO CREATE
ANY RIGHT, INTEREST OR ENTITLEMENT TO SERVICES OR  FUNDS  THAT  ARE  THE
SUBJECT  OF  THIS SECTION, OR TO ANY OTHER SERVICES OR FUNDS, WHETHER TO
INDIVIDUALS, LOCALITIES, PROVIDERS OR OTHERS,  INDIVIDUALLY  OR  COLLEC-
TIVELY.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed March 31, 2018.

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