S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7613--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  STECK, GRIFFIN, ENGLEBRIGHT -- read once and
   referred to the Committee on Alcoholism and Drug Abuse --  recommitted
   to the Committee on Ways and Means in accordance with Assembly Rule 3,
   sec.  2  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the mental hygiene law, in  relation  to  providing  for
   requirements for recovery living residences
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 38 of section 1.03 of the mental  hygiene  law,
 as  amended  by  chapter  281  of the laws of 2019, is amended and a new
 subdivision 59 is added to read as follows:
   38. "Residential services facility"  or  "Alcoholism  community  resi-
 dence" means any facility licensed or operated pursuant to article thir-
 ty-two  of  this  chapter  which  provides  residential services for the
 treatment of an addiction disorder and a homelike environment, including
 room, board and responsible supervision as part of  an  overall  service
 delivery  system.  PROVIDED  HOWEVER,  "RECOVERY  LIVING  RESIDENCE"  AS
 DEFINED IN SUBDIVISION FIFTY-NINE OF THIS SECTION SHALL NOT  BE  CONSID-
 ERED A RESIDENTIAL SERVICES FACILITY FOR THE PURPOSES OF THIS CHAPTER.
   59.  "RECOVERY  LIVING  RESIDENCE"  MEANS  ANY SHARED RESIDENCE IN THE
 STATE THAT HAS BEEN CERTIFIED BY THE OFFICE OF  ADDICTION  SERVICES  AND
 SUPPORTS  AND  MEETS CRITERIA ESTABLISHED PURSUANT TO SECTION 32.05-A OF
 THIS CHAPTER, WHERE THE OWNER OR OPERATOR PROVIDES A  SUPPORTIVE  LIVING
 ARRANGEMENT FOR INDIVIDUALS RECOVERING FROM A SUBSTANCE USE DISORDER.
   § 2. The mental hygiene law is amended by adding a new section 32.05-a
 to read as follows:
 § 32.05-A CERTIFICATION OF RECOVERY LIVING RESIDENCES.
   1.  NO PERSON OR ENTITY MAY PURPORT TO OPERATE A RECOVERY LIVING RESI-
 DENCE EXCEPT UPON COMPLIANCE WITH THE REGULATIONS  PROMULGATED  PURSUANT
 TO  THIS SECTION. ANY PERSON OR ENTITY SHALL BE CONSIDERED PURPORTING TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11510-02-2
              

 A. 7613--A                          2
 
 OPERATE A RECOVERY LIVING RESIDENCE, REGARDLESS OF WHETHER  SUCH  PERSON
 OR  ENTITY  IS OFFERING ONSITE RECOVERY SERVICES, SO LONG AS SUCH PERSON
 OR ENTITY HOLDS ITSELF OUT AS A PLACE  WHERE  AN  INDIVIDUAL  REASONABLY
 BELIEVES  SUCH  PERSON OR ENTITY IS PROVIDING RECOVERY SERVICES AND/OR A
 SOBER ENVIRONMENT.
   2. THE COMMISSIONER SHALL PROMULGATE REGULATIONS CONSISTENT WITH  THIS
 SECTION  FOR  THE  PURPOSE  OF  CERTIFYING  RECOVERY  LIVING RESIDENCES.
 RECOVERY LIVING RESIDENCES SHALL PROVIDE A SUPPORTIVE HOME  LIKE  LIVING
 ENVIRONMENT FOR INDIVIDUALS RECOVERING FROM A SUBSTANCE USE DISORDER.
   3.  SUCH  REGULATIONS  SHALL  BE EVIDENCE-BASED, UTILIZING INFORMATION
 FROM SOURCES WITH EXPERTISE IN TREATMENT AND RECOVERY, WITH A  FOCUS  ON
 APPROPRIATE  SETTINGS  AND ACTIVITIES MOST SUITED TOWARD THE RECOVERY OF
 THE INDIVIDUAL. SUCH REGULATIONS SHALL, AT MINIMUM, PROVIDE FOR:
   (A) ACCESS TO A CERTIFIED ALCOHOL AND SUBSTANCE ABUSE COUNSELOR EITHER
 ONSITE OR VIA TELEHEALTH SERVICES;
   (B) APPROPRIATE RESPONSES TO INDIVIDUALS WHO RELAPSE, WHICH TAKE  INTO
 CONSIDERATION  THE  NEED  FOR  THE INDIVIDUAL TO CONTINUE THEIR RECOVERY
 PROCESS AT THE RESIDENCE AS WELL AS THE IMPACT ON OTHER RESIDENTS;
   (C) ACCESS TO A LICENSED PROFESSIONAL WHOSE SCOPE OF PRACTICE INCLUDES
 THE DIAGNOSIS OF MENTAL HEALTH DISORDERS EITHER ONSITE OR VIA TELEHEALTH
 SERVICES FOR THOSE RECOVERING FROM A CO-OCCURING MENTAL HEALTH DISORDER;
   (D) INFORMING INDIVIDUALS OF THEIR RIGHTS WHILE RESIDING AT THE  RESI-
 DENCE,  WHICH  SHALL  INCLUDE  BUT  NOT  BE LIMITED TO RIGHTS RELATED TO
 PRIVACY AND CONFIDENTIALITY AS PROVIDED BY STATE AND FEDERAL LAW, RIGHTS
 RELATED TO POTENTIAL EVICTION FROM THE  RECOVERY  LIVING  RESIDENCE  AND
 GENERAL  RIGHTS  AND PROCEDURES RELATED TO INDIVIDUALS WHILE RESIDING IN
 THE RECOVERY LIVING RESIDENCE; AND
   (E) OPERATING PROCEDURES, WHICH  SHALL  INCLUDE  ADMINISTRATIVE  OPER-
 ATIONS  AS  WELL  AS  ENSURING  RESIDENTS  ARE RECEIVING OTHER NECESSARY
 HEALTH CARE SERVICES.
   4. (A) THE COMMISSIONER MAY CERTIFY RECOVERY LIVING  RESIDENCES  THAT:
 (I)  COMPLETE AN APPLICATION FOR SUCH CERTIFICATION; (II) ARE IN COMPLI-
 ANCE WITH THE REGULATIONS ESTABLISHED PURSUANT  TO  SUBDIVISION  TWO  OF
 THIS SECTION; (III) HAVE DEMONSTRATED A NEED FOR A RECOVERY LIVING RESI-
 DENCE  IN  THE PARTICULAR LOCATION IDENTIFIED BY THE APPLICANT; AND (IV)
 CAN PROVIDE EVIDENCE OR DEMONSTRATE THEIR ABILITY TO EFFECTIVELY DELIVER
 AN APPROPRIATE ENVIRONMENT FOR INDIVIDUALS RECOVERING FROM  A  SUBSTANCE
 USE DISORDER.
   (B)  AS  PART  OF  THE  APPLICATION  PROCESS,  THE  APPLICANT SHALL BE
 REQUIRED TO DEMONSTRATE THE OUTREACH SUCH  APPLICANT  CONDUCTED  IN  THE
 COMMUNITY, INCLUDING INPUT PROVIDED BY THE COMMUNITY, CONCERNS RAISED BY
 THE  COMMUNITY AND STEPS SUCH APPLICANT HAS TAKEN OR WILL TAKE TO POTEN-
 TIALLY REMEDIATE SOME OF THOSE CONCERNS.
   5. ONCE THE COMMISSIONER HAS CERTIFIED A LOCATION AS A RECOVERY LIVING
 RESIDENCE, SUCH RESIDENCE SHALL BE INCLUDED ON THE OFFICE'S  WEBSITE  AS
 AN AVAILABLE OPTION FOR INDIVIDUALS SEEKING SUCH AN ENVIRONMENT.
   6.  THE  COMMISSIONER  SHALL  REGULATE  AND  ENSURE RESIDENCES WHO ARE
 CERTIFIED TO BE A RECOVERY LIVING RESIDENCE ARE CONTINUING TO  MEET  THE
 REQUIREMENTS  OF  THIS  SECTION.  THE  COMMISSIONER HAS THE AUTHORITY TO
 INSPECT SUCH RESIDENCES AND IMPOSE PENALTIES, INCLUDING LIMITING, REVOK-
 ING OR SUSPENDING A CERTIFICATION, AS APPROPRIATE, FOR FAILURE TO COMPLY
 WITH THE PROVISIONS OF THIS SECTION.
   § 3. Subdivisions 1, 2, 3, 5 and 6 of  section  32.06  of  the  mental
 hygiene law, as added by chapter 223 of the laws of 2018, are amended to
 read as follows:
 A. 7613--A                          3
 
   1.  For  purposes of this section, unless the context clearly requires
 otherwise, "provider" shall mean any person, firm,  partnership,  group,
 practice association, fiduciary, employer, representative thereof or any
 other  entity  who  is  providing or purporting to provide substance use
 disorder  services  OR  OPERATING  OR  PURPORTING  TO OPERATE A RECOVERY
 LIVING RESIDENCE.  Provided, however, that "provider" shall not  include
 a person receiving substance use disorder services from the provider.
   2.  No  provider shall intentionally solicit, receive, accept or agree
 to receive or accept any payment, benefit or other consideration in  any
 form to the extent such payment, benefit or other consideration is given
 for  the  referral  of a person as a potential patient for substance use
 disorder services OR AS A RESIDENT AT A RECOVERY LIVING RESIDENCE.
   3. No provider providing or purporting to provide substance use disor-
 der services OR OPERATING OR PURPORTING TO  OPERATE  A  RECOVERY  LIVING
 RESIDENCE  pursuant  to  this  chapter, shall intentionally make, offer,
 give, or agree to make, offer, or give any  payment,  benefit  or  other
 consideration  in  any form to the extent such payment, benefit or other
 consideration is given for the referral  of  a  person  as  a  potential
 patient for substance use disorder services.
   5.  Any provider who intentionally violates the provisions of subdivi-
 sion two or three of this section shall be guilty of  a  misdemeanor  as
 defined  in the penal law.  ADDITIONALLY, ANY ENTITY PURPORTING TO OPER-
 ATE A RECOVERY LIVING RESIDENCE WITHOUT RECEIVING A  CERTIFICATION  FROM
 THE OFFICE SHALL, UPON REASONABLE NOTICE OF NON-COMPLIANCE, BE GUILTY OF
 A MISDEMEANOR AS DEFINED IN THE PENAL LAW.
   6.  If  the commissioner has reason to believe a provider has violated
 subdivision two or three of this section, the commissioner  may  proceed
 to  investigate  and institute enforcement actions, as may be authorized
 pursuant to the applicable provisions of this article.  ADDITIONALLY, IF
 THE COMMISSIONER HAS REASON TO BELIEVE AN ENTITY IS OPERATING A RECOVERY
 LIVING RESIDENCE WITHOUT RECEIVING A CERTIFICATION FROM  THE  OFFICE  OR
 PURPORTING  TO OPERATE A RECOVERY LIVING RESIDENCE, THE COMMISSIONER MAY
 PROCEED TO INVESTIGATE AND INSTITUTE  ENFORCEMENT  ACTIONS,  AS  MAY  BE
 AUTHORIZED PURSUANT TO THE APPLICABLE PROVISIONS OF THIS ARTICLE.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.