senate Bill S7904

Signed by Governor

Establishes the opioid treatment and hospital diversion demonstration program

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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.1635
  • 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 A10159
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.587
  • 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.33

Summary

Establishes the opioid treatment and hospital diversion demonstration program.

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Bill Details

See Assembly Version of this Bill:
A10159
Versions:
S7904
Legislative Cycle:
2013-2014
Law Section:
Mental Hygiene Law
Laws Affected:
Add §19.18, Ment Hyg L

Sponsor Memo

BILL NUMBER:S7904

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
the opioid addiction treatment and hospital diversion 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 this 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. 7904                                                 A. 10159

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

                              June 17, 2014
                               ___________

IN  SENATE  -- Introduced by Sen. HANNON -- (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. McDonald) -- (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 opioid
  addiction treatment and hospital diversion 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 to read as follows:
S 19.18 OPIOID  ADDICTION TREATMENT AND HOSPITAL DIVERSION DEMONSTRATION
          PROGRAM.
  1. THE COMMISSIONER, IN CONSULTATION WITH THE  DEPARTMENT  OF  HEALTH,
SHALL  ESTABLISH  A  HEROIN  AND OPIOID ADDICTION TREATMENT AND HOSPITAL
DIVERSION DEMONSTRATION PROGRAM. THIS PROGRAM SHALL PROVIDE A NEW  MODEL
OF  DETOXIFICATION  AND  TRANSITIONAL  SERVICES  FOR INDIVIDUALS SEEKING
TREATMENT FOR HEROIN AND  OPIOID  ADDICTION  THAT  UTILIZES  SHORT-TERM,
RESIDENTIAL  AND PEER-SUPPORTED SERVICES FOR OPIOID AND HEROIN ADDICTION
WITH A GOAL OF  REDUCING  RELIANCE  ON  EMERGENCY  ROOM  SERVICES  WHILE
PROVIDING  APPROPRIATE  SUPPORTS  TO  PATIENTS AND FAMILIES. SUCH DEMON-
STRATION PROGRAM SHALL UTILIZE  EXISTING  BEDS  IN  MEDICALLY  MONITORED
DETOXIFICATION  PROGRAMS,  TO  THE  EXTENT  THAT  BEDS  ARE LOCATED, AND
SERVICES ARE MODIFIED, APPROPRIATELY, TO  SERVE  THOSE  WITH  HEROIN  OR
OPIOID  ADDICTIONS;  AND  SHALL  PERMIT  PARTICIPATION  BY ALL PROGRAMS,
SERVICES, AND FACILITIES THAT ARE CERTIFIED OR LICENSED PURSUANT TO THIS
ARTICLE.  INDIVIDUALS WHO RECEIVE DETOXIFICATION  SERVICES  PURSUANT  TO
THIS  DEMONSTRATION  PROGRAM  SHALL,  UPON  COMPLETION,  BE  REFERRED TO
SERVICES THAT ARE APPROPRIATE TO FACILITATE THEIR RECOVERY  FROM  HEROIN
AND  OPIOID  ADDICTION.  THE COMMISSIONER SHALL ESTABLISH DEMONSTRATIONS
THROUGHOUT THE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12114-01-4

S. 7904                             2                           A. 10159

  2. 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 HEALTH AND THE CHAIR OF THE ASSEMBLY  HEALTH  COMMITTEE
WITH A WRITTEN EVALUATION OF THE DEMONSTRATION PROGRAM.  SUCH EVALUATION
SHALL ADDRESS THE OVERALL EFFECTIVENESS OF THIS DEMONSTRATION PROGRAM AS
IT RELATES TO PATIENTS, THE SURROUNDING COMMUNITY, HEALTH CARE PROVIDERS
AND  HEALTH  CARE  PAYORS,  AND  SHALL  INCLUDE,  BUT NOT BE LIMITED TO:
LOCATIONS AND  UTILIZATION  RATES  OF  THE  DEMONSTRATION  PROGRAM;  THE
AMOUNTS  OF  GRANTS  AWARDED PURSUANT TO THIS SECTION, AND THE PROGRAMS,
SERVICES, AND FACILITIES THAT RECEIVED SUCH GRANTS; THE EFFECTIVENESS OF
THE DEMONSTRATION PROGRAM IN PROVIDING ACCESS TO SERVICES; THE IMPACT OF
THESE SERVICES; THE ASSOCIATED COST SAVINGS; AND WHETHER CONTINUATION OR
EXPANSION OF THIS DEMONSTRATION PROGRAM OR  SIMILAR  MODELS  ARE  RECOM-
MENDED.
  3. THE OPIOID ADDICTION TREATMENT AND HOSPITAL DIVERSION DEMONSTRATION
PROGRAM   SHALL  PROVIDE  GRANTS,  WITHIN  APPROPRIATIONS  THEREFOR,  TO
PROGRAMS, SERVICES, AND FACILITIES THAT ARE CERTIFIED OR LICENSED PURSU-
ANT TO THIS ARTICLE. GRANTS MAY BE AWARDED BY THE  OFFICE  TO  PROGRAMS,
SERVICES,  AND  FACILITIES  FOR  THE  PURPOSE OF ESTABLISHING THE DEMON-
STRATION PROGRAM PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  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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