senate Bill S2558A

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

See Assembly Version of this Bill:
A8591
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
2013-2014: A8488

Sponsor Memo

BILL NUMBER:S2558A

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 fox 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.

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, buprenotphine and methadone treatment capacity expansion, and
services for patients with co-occurring psychiatric and addictive
disorders.

LEGISLATIVE HISTORY:

2013: S.2558- Referred to Mental Health & Developmental Disabilities
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:

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--A

                       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 -- recommitted to the Committee on  Mental  Health
  and  Developmental Disabilities in accordance with Senate Rule 6, sec.
  8 -- committee discharged, bill amended, ordered reprinted as  amended
  and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07398-03-4

S. 2558--A                          2

SERVICES, AND ASSOCIATED LOCAL GOVERNMENTAL UNIT ADMINISTRATIVE EXPENSES
SUCH AS APPROVED NET OPERATING COST, FEE-FOR-SERVICE  REIMBURSEMENT,  OR
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 SECTION
41.03 OF THIS CHAPTER  SHALL  APPLY,  EXCEPT  THAT  CHEMICAL  DEPENDENCE
TREATMENT  SERVICES  SHALL  NOT INCLUDE MEDICALLY MANAGED DETOXIFICATION
PROVIDED IN GENERAL HOSPITALS LICENSED PURSUANT TO ARTICLE  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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