senate Bill S7903

Signed by Governor

Relates to heroin and opioid addiction wraparound services demonstration

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Bill Status


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

  • 17 / Jun / 2014
    • REFERRED TO RULES
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1634
  • 19 / Jun / 2014
    • MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A10160
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.588
  • 19 / Jun / 2014
    • MESSAGE OF NECESSITY - 3 DAY MESSAGE
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 23 / Jun / 2014
    • DELIVERED TO GOVERNOR
  • 23 / Jun / 2014
    • SIGNED CHAP.32

Summary

Relates to heroin and opioid addiction wraparound services demonstration program.

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Bill Details

See Assembly Version of this Bill:
A10160
Versions:
S7903
Legislative Cycle:
2013-2014
Law Section:
Mental Hygiene Law
Laws Affected:
Add §19.18-a, Ment Hyg L

Sponsor Memo

BILL NUMBER:S7903

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
the heroin and opioid addiction wraparound services demonstration
program; and providing for the repeal of such provisions upon
expiration thereof

Purpose: New York is confronting a rapidly growing problem involving
the use, abuse and trafficking of heroin and prescription painkillers.
This package of comprehensive legislation will strengthen New York's
ability to combat abuse of these drugs, and provide communities,
families, and individuals devastated by these dangerous substances
with critical tools for addressing crime and addiction.

Summary of Bills:

These 11 bills would:

* amend Public Health L. (PHL) § 3385-a to further enhance the
investigation capabilities of the Bureau of Narcotic Enforcement (BNE)
in the Department of Health (DOH) by directing the Division of
Criminal Justice Services to give BNE access to criminal history
information currently maintained by the Division;

* create a new Penal L. § 178.26 creating the crime of fraud and
deceit related to controlled substances, a Class A misdemeanor;

* rename and amend Penal L. § 220.65 by adding the additional element
of criminal sale of a controlled substance by a practitioner or
pharmacist while he or she purports to act in his or her capacity as a
practitioner or pharmacist;

* amend Criminal Procedure L. § 700.05 (8) (c) to add newly amended
Penal Law § 220.65, as a designated offense for purposes of obtaining
"eavesdropping and surveillance warrants" and amend the Penal L.
460.10 (1)(a) to add Penal L. § 220.65 as a "criminal act" within the
Penal Law definition of "enterprise corruption";

* amend PHL § 3309 to expand distribution of informational cards or
sheets listing, among others, the steps to take before and after an
opioid antagonist is administered;

* amend Mental Hygiene L. § 19.18 to establish the Opioid Addiction
Treatment and Hospital Diversion Demonstration Program whereby the
Commissioner of the Office of Alcoholism and Substance Abuse Services
(OASAS), is authorized to establish demonstration programs throughout
the state to test new approaches to providing services to individuals
who are attempting to detoxify from heroin where a hospital level of
care is unnecessary;

* amend the Mental Hygiene Law by adding a new § 19.18-a to require
OASAS in consultation with the Department of Health to create a
wraparound services demonstration program which would provide services
to adolescents and adults for up to nine months after the successful
completion of a treatment program;


* amend the definition in Family Court Act (FCA) §§ 712 and 735 to
specify that Persons in Need of Supervision (PINS) diversion services,
in cases where the petitioner alleges the child has a substance use
disorder or is in need of immediate detoxification or substance use
disorder services, may include assessment for substance use disorders;

* amend Education L. § 804 to require the Commissioner of Education to
review the existing health curriculum requirements and to incorporate
standards and requirements related to the risks of heroin and opioid
use;

* amend Mental Hygiene L. § 19.07 to require the OASAS to develop, in
consultation with the Department of Health, a multi-media public
education program regarding heroin and opioid abuse and misuse; and

* amend Insurance L. §§ 3216, 3221 and 4303 to improve access to care
by requiring insurers to use peer-reviewed, clinical review criteria
when making decisions regarding the medical necessity of treatment for
persons suffering from substance use disorders, to require that
medical necessity decisions be made by medical professionals who
specialize in behavioral health and substance use, and to ensure that
individuals requiring treatment have access to an expedited appeals
process and that they are not denied care while the appeals process is
underway.

Existing Law: These bills would amend the Executive Law, the Public
Health Law, the Education Law, the Family Court Act, the Penal Law,
the Insurance Law, and the Mental Hygiene Law.

Justification: The trafficking and abuse of heroin and opioids is
increasing rapidly. To combat this onslaught, New York State must
continue to be a leader in the fight against these devastating drugs.
In New York City alone, from 2010 to 2012, heroin-related deaths rose
84%. The destruction caused by heroin has not been limited to New York
City. From 2002 to 2012, the number of young adults across the state,
ages 18-25, using heroin has more than doubled. Upstate, the treatment
admissions involving heroin have gone up 25%. Heroin is inexpensive
compared to other narcotics and it continues to be readily accessible,
making it the drug of choice for many addicts. In fact, felony drug
court participants that reported heroin as their drug of choice
increased from 13% in 2008 to 24% in 2013. This comprehensive
legislative package takes a bold new approach to curb the spread of
these dangerous drugs.

Give BNE Access to Vital Criminal History Information

Criminal background and other key information about the target of any
investigation is a vital component in the investigative process. The
BNE is a crucial collaborator in the investigation and prosecution of
criminal prescribers of opioids. In order to further enhance the
capabilities of the BNE, it is essential that it be able to run
criminal history checks on targets of investigations. This bill would
provide the necessary investigative tool to the BNE, resulting in
successful investigations.

Make Fraud in Obtaining Controlled Substances a Penal Law Crime


Under PHL § 3397, it is an unclassified misdemeanor for a person to
use fraud or deceit to obtain a controlled substance or a prescription
for controlled substances. Adding a similar section to the Penal Law
will further enhance law enforcement's ability to combat such fraud
and deceit, including doctor shopping, by putting police and district
attorneys throughout the state on notice by creating a clearly defined
crime and related penalty within the Penal Law.

Impose Higher Penalties on Certain Professionals Who Divert Controlled
Substances

Penal L. § 220.65 prohibits the sale of a controlled substance by a
practitioner or pharmacist. Currently the sale of a controlled
substance by anyone is a Class D felony. This amendment would create
the higher class C felony for those licensed professionals, including
physicians and pharmacists, who abuse the public's trust by illegally
selling controlled substances under the guise of legitimate medical
practice or other health care practices.

Give Law Enforcement More Tools to Combat Controlled Substance Abuse

Criminal Procedure L. § 700.05(c) would be amended to include the
newly amended and created crimes in Penal L. § 220.65 as an enumerated
offense under the definition of "eavesdropping warrants." This small
but significant amendment would give law enforcement and prosecutors
the ability to utilize eavesdropping warrants to further fully
investigate crimes involving the distribution of controlled
substances.

Penal L. § 460.10(1)(a) would also be amended to include the newly
amended and created crimes in Penal L. § 220.65 under the definition
of the crime of "enterprise corruption". This would empower law
enforcement to further prosecute organized activity related to
prescription drug trafficking in New York State.

Distribute Information on Opioid Antagonists In 2006, DOH established
community-based opioid overdose prevention programs to train persons
likely to witness an overdose on how to recognize and respond to such
a situation, including the use of naloxone, an opioid antagonist that
can reverse the overdose. Since that time, 130 programs have been
registered and 15,000 responders have been trained. Among those
trained have not only been police and other traditional first
responders, but also family members of opioid users, homeless shelter
staff, employees of drug treatment programs, and drug users
themselves. Since 2006, over 850 overdose reversals have been reported
to the Department of Health. This bill would make an already
successful program even more impactful and save many more lives
through the distribution of informational cards or sheets when opioid
antagonists are dispensed. These informational cards would provide
recipients with the important information on how to recognize symptoms
of an overdose; what steps to take, including calling first
responders; and how to access services through OASAS.

Establish a Demonstration Program to Test New Approaches to Treating
Substance Abuse


Through this demonstration program, OASAS would work with its
providers to test new approaches to providing services to individuals
who are attempting to detox from heroin where a hospital level of care
is unnecessary. This demonstration program would provide alternative
short term community based treatment, thereby avoiding unnecessary
emergency room costs. By demonstrating new approaches statewide, OASAS
will be able to study the effectiveness of the new approaches to
determine their validity while, more importantly, addressing the needs
of individuals in need of care.

Establish a Wraparound Program to Provide Comprehensive Treatment
Services

OASAS in consultation with the Department of Health would create a
wraparound services demonstration program which will provide services
to adolescents and adults for up to nine months after the successful
completion of a treatment program. These services would be in the form
of case management services and include addressing:

* Education resources;

* Legal services;

* Financial services;

* Social services;

* Family services;

* Childcare services;

* Peer to peer support;

* Employment support;

* Transportation assistance.

Wraparound services generally refer to a complete and comprehensive
method of providing services that would have the greatest impact on
the individual who is receiving such services. This legislation would
require OASAS to expand its existing case management services and
build relationships in communities across the state to provide
services that will allow for them to provide services to their clients
that will greatly improve their quality of life and greatly reduce the
likelihood of a person relapsing.

Expand the Availability of PINS Diversion Services for Youth

FCA §§ 712 and 735 would be amended to allow the designated lead
agency for the purpose of providing PINS diversion services (either
the local social services district or the local probation department)
to determine whether an assessment for substance use disorder by an
OASAS certified provider of services is necessary in cases where the
youth is alleged to be suffering from a substance use disorder which
could make the youth a danger to himself or herself or others. The
legislation requires OASAS to make available a list of certified
treatment providers to designated lead agencies. It also provides that


the designated lead agency shall not be required to pay for an
assessment for substance use disorder or related services, except in
cases where Medicaid may be used to pay for such assessment or
services.

Establish through the State Education Department and Updated Drug
Abuse Curriculum

This bill would amend Education L. § 804 to require that the
Commissioner of Education update drug abuse curriculum every three
years so that students have the most current and up-to-date
information on coping with drugs and other substances.

Implement a Public Awareness Campaign This would amend the Mental
Hygiene Law to direct OASAS to undertake a public awareness and
educational campaign in cooperation with DOH utilizing public forums,
media (social and mass) as well as all forms of advertising to educate
youth, parents, healthcare professionals and others about the risks
associated with heroin and opioids, how to recognize signs of
addiction and the resources available to deal with these issues.

Expand Insurance Coverage of Treatment for Patients Suffering from
Substance Abuse

This legislation would improve access to care by requiring insurers to
use peer-reviewed, nationally recognized clinical review criteria when
making decisions regarding the medical necessity of treatment. This
will require insurers to consistently cover the appropriate level of
treatment for patients suffering from substance use disorders. In
addition, medical necessity decisions will be made by medical
professionals who specialize in behavioral health and substance use.
Further, the legislation would also ensure that individuals requiring
treatment have access to an expedited appeals process and that they
are not denied care while the appeals process is underway.

Budget Implications: There will be sufficient funding for all
proposals through existing and future appropriations.

Effective Date: Each bill has its own effective date.

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

    S. 7903                                                 A. 10160

                      S E N A T E - A S S E M B L Y

                              June 17, 2014
                               ___________

IN SENATE -- Introduced by Sen. CARLUCCI -- (at request of the Governor)
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Rules

IN  ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
  A. Gunther) -- (at request of the Governor) -- read once and  referred
  to the Committee on Ways and Means

AN  ACT  to  amend the mental hygiene law, in relation to the heroin and
  opioid  addiction  wraparound  services  demonstration  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
19.18-a to read as follows:
S 19.18-A HEROIN  AND OPIOID ADDICTION WRAPAROUND SERVICES DEMONSTRATION
            PROGRAM.
  1. THE COMMISSIONER, IN CONSULTATION WITH  THE  DEPARTMENT  OF  HEALTH
SHALL  DEVELOP  A HEROIN AND OPIOID ADDICTION WRAPAROUND SERVICES DEMON-
STRATION PROGRAM. THIS PROGRAM  SHALL  PROVIDE  WRAPAROUND  SERVICES  TO
ADOLESCENT AND ADULT PATIENTS DURING TREATMENT AND SHALL BE AVAILABLE TO
SUCH  PATIENTS FOR A CLINICALLY APPROPRIATE PERIOD FOR UP TO NINE MONTHS
AFTER COMPLETION OF SUCH TREATMENT PROGRAM. THE COMMISSIONER SHALL IDEN-
TIFY AND ESTABLISH WHERE THE WRAPAROUND SERVICES  DEMONSTRATION  PROGRAM
WILL BE PROVIDED.
  2. WRAPAROUND SERVICES SHALL INCLUDE;
  (A) CASE MANAGEMENT SERVICES WHICH ADDRESS:
  (I) EDUCATIONAL RESOURCES;
  (II) LEGAL SERVICES;
  (III) FINANCIAL SERVICES;
  (IV) SOCIAL SERVICES;
  (V) FAMILY SERVICES; AND
  (VI) CHILDCARE SERVICES;
  (B) PEER SUPPORTS, INCLUDING PEER TO PEER SUPPORT GROUPS;
  (C) EMPLOYMENT SUPPORT; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12115-01-4

S. 7903                             2                           A. 10160

  (D) TRANSPORTATION ASSISTANCE.
  3.  NOT LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE COMMISSIONER SHALL PROVIDE THE GOVERNOR, THE TEMPORARY PRESIDENT  OF
THE  SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE STAND-
ING COMMITTEE ON ALCOHOLISM AND DRUG ABUSE AND THE CHAIR OF THE ASSEMBLY
COMMITTEE ON ALCOHOLISM AND DRUG ABUSE WITH A WRITTEN EVALUATION OF  THE
DEMONSTRATION  PROGRAM. SUCH EVALUATION SHALL ADDRESS THE OVERALL EFFEC-
TIVENESS OF THIS  DEMONSTRATION  PROGRAM  AND  WHETHER  CONTINUATION  OR
EXPANSION OF THIS DEMONSTRATION PROGRAM IS RECOMMENDED.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed three years after such effective date.

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