S T A T E   O F   N E W   Y O R K
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                                11273--A

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on  Insurance  --  reference  changed to the Committee on Judiciary --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  family court act, in relation to youth drug and
  alcohol detoxification; to amend the mental hygiene law,  in  relation
  to  reports  on  chemical  dependence;  to amend the insurance law, in
  relation to providing benefits for treatment of chemical dependency in
  certain health insurance plans; and to amend  the  judiciary  law,  in
  relation  to  adopting  rules for independent alcoholism and substance
  abuse counselors

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Denise's law".
  S  2.  Subdivisions  3  and  4 of section 720 of the family court act,
subdivision 3 as amended and subdivision 4 as added by  chapter  419  of
the  laws  of 1987, are amended and a new subdivision 6 is added to read
as follows:
  3. Detention of a person alleged to be or adjudicated as a  person  in
need  of  supervision  shall  be authorized only in a detention facility
certified by the [division for youth]  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  except  as provided in [subdivision] SUBDIVISIONS four AND SIX
of this section.
  4. Whenever detention is authorized and ordered pursuant to this arti-
cle, OTHER THAN IN ACCORDANCE WITH SUBDIVISION SIX OF THIS SECTION,  for
a  person  alleged  to  be  or adjudicated as a person in need of super-
vision, a family court in a city having a population of one  million  or
more shall, notwithstanding any other provision of law, direct detention
in  a  foster  care  facility established and maintained pursuant to the
social services law. In all other respects,  the  detention  of  such  a
person in a foster care facility shall be subject to the identical terms
and  conditions  for  detention  as are set forth in this article and in
section two hundred thirty-five of this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17292-08-0
              

A. 11273--A                         2

  6. WHERE THE COURT ISSUES AN EMERGENCY ORDER FOR IN-PATIENT  DETOXIFI-
CATION  SERVICES  FOR  CHEMICAL  DEPENDENCE  PURSUANT  TO  SECTION SEVEN
HUNDRED THIRTY-NINE OF THIS ARTICLE, SUCH SERVICES SHALL BE PROVIDED  IN
A NON-SECURE FACILITY CERTIFIED OR LICENSED BY THE STATE OFFICE OF ALCO-
HOLISM  AND  SUBSTANCE ABUSE SERVICES TO PROVIDE SUCH SERVICES TO CHEMI-
CALLY DEPENDENT JUVENILES UNDER THE AGE OF EIGHTEEN IN  ACCORDANCE  WITH
ARTICLE NINETEEN OF THE MENTAL HYGIENE LAW.
  S  3.  Section  732 of the family court act is amended by adding a new
closing paragraph to read as follows:
  A PETITION HEREUNDER MAY INCLUDE A REQUEST THAT  THE  COURT  ISSUE  AN
EMERGENCY  ORDER  FOR  THE  RESPONDENT  TO  RECEIVE IMMEDIATE IN-PATIENT
DETOXIFICATION SERVICES FOR  CHEMICAL  DEPENDENCE  PURSUANT  TO  SECTION
SEVEN HUNDRED THIRTY-NINE OF THIS PART.
  S  4. Subdivisions (d) and (e) of section 733 of the family court act,
subdivision (d) as amended by chapter 920 of the laws of 1982 and subdi-
vision (e) as amended by chapter 398 of the laws of  1983,  are  amended
and a new subdivision (f) is added to read as follows:
  (d)  the recognized agents of any duly authorized agency, association,
society or institution; [or]
  (e) the presentment agency that consented  to  substitute  a  petition
alleging  the  person is in need of supervision for a petition alleging,
that the person is a juvenile delinquent pursuant to  section  311.4[.];
OR
  (F)  IN A PROCEEDING THAT SEEKS A DETERMINATION THAT THE RESPONDENT IS
IN NEED OF TREATMENT FOR CHEMICAL DEPENDENCE, ONLY  A  PARENT  OR  OTHER
PERSON LEGALLY RESPONSIBLE FOR THE CARE OF SUCH RESPONDENT.
  S  5. Subdivision (g) of section 735 of the family court act, as added
by section 7 of part E of chapter 57 of the laws of 2005, is amended  to
read as follows:
  (g)  (i) The designated lead agency shall promptly give written notice
to the potential petitioner whenever attempts to prevent the filing of a
petition have terminated, and shall  indicate  in  such  notice  whether
efforts  were  successful.  The  notice  shall  also detail the diligent
attempts made to divert the case if a determination has been  made  that
there  is  no  substantial  likelihood  that the youth will benefit from
further attempts. No persons in need  of  supervision  petition  may  be
filed  pursuant  to  this  article during the period the designated lead
agency is providing diversion services. A finding by the designated lead
agency that the case has been  successfully  diverted  shall  constitute
presumptive  evidence that the underlying allegations have been success-
fully resolved in any petition based upon the same factual  allegations.
No petition may be filed pursuant to this article by the parent or other
person  legally  responsible for the youth where diversion services have
been terminated because of the failure of the  parent  or  other  person
legally responsible for the youth to consent to or actively participate.
  (ii)  [The] EXCEPT AS PROVIDED IN PARAGRAPH (III) OF THIS SUBDIVISION,
THE clerk of the court shall accept a petition for filing only if it has
attached thereto the following NOTICES:
  (A) if the potential petitioner is the parent or other person  legally
responsible  for  the  youth,  a  notice from the designated lead agency
indicating there is no bar to the filing of the petition as  the  poten-
tial  petitioner  consented  to  and  actively participated in diversion
services; and
  (B) a notice from the designated  lead  agency  stating  that  it  has
terminated diversion services because it has determined that there is no
substantial likelihood that the youth and his or her family will benefit

A. 11273--A                         3

from  further  attempts,  and  that  the  case has not been successfully
diverted.
  (III)  THE CLERK OF THE COURT SHALL ACCEPT A PETITION FOR FILING IF IT
INCLUDES A REQUEST THAT THE COURT  ISSUE  AN  EMERGENCY  ORDER  FOR  THE
POTENTIAL  RESPONDENT  TO  RECEIVE  IMMEDIATE  IN-PATIENT DETOXIFICATION
SERVICES FOR CHEMICAL DEPENDENCE PURSUANT TO SECTION SEVEN HUNDRED THIR-
TY-NINE OF THIS PART.
  S 6. Section 739 of the family court act is amended by  adding  a  new
subdivision (d) to read as follows:
  (D)(I)  WHERE  A  PETITION  HAS BEEN FILED UNDER SECTION SEVEN HUNDRED
THIRTY-TWO OF THIS PART AND SUCH PETITION REQUESTS ISSUANCE OF AN  EMER-
GENCY ORDER FOR THE POTENTIAL RESPONDENT TO RECEIVE IMMEDIATE IN-PATIENT
DETOXIFICATION  SERVICES FOR CHEMICAL DEPENDENCE, THE COURT, IF IT FINDS
ON THE BASIS OF SWORN TESTIMONY BY  THE  RESPONDENT'S  PARENT  OR  OTHER
PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND/OR ANY OTHER EVIDENCE
THAT  THE  RESPONDENT  MAY  BE  INCAPACITATED BY A CHEMICAL SUBSTANCE OR
SUBSTANCES TO THE DEGREE THAT THERE IS A LIKELIHOOD OF HARM  TO  HIM  OR
HER,  OR  TO OTHERS, SHALL REFER THE RESPONDENT FOR AN IMMEDIATE ASSESS-
MENT BY AN INDEPENDENT CERTIFIED ALCOHOLISM OR SUBSTANCE  ABUSE  COUNSE-
LOR,  AS  DEFINED  BY  SUBDIVISION  (D)  OF  SECTION 19.07 OF THE MENTAL
HYGIENE LAW, WHO HAS HAD TRAINING OR EXPERIENCE IN TREATMENT AND DIAGNO-
SIS OF CHEMICAL DEPENDENCE IN JUVENILES UNDER THE AGE OF EIGHTEEN.  SUCH
COUNSELOR SHALL BE AN EMPLOYEE OF STATE OR LOCAL GOVERNMENT AND MAY  NOT
BE  EMPLOYED  BY,  OR HAVE FINANCIAL OR OTHER INTERESTS IN, ANY CHEMICAL
DEPENDENCE DETOXIFICATION OR TREATMENT PROGRAM  THAT  PROVIDES  CARE  OR
SERVICES TO JUVENILES UNDER THIS ARTICLE; EXCEPT THAT A COUNSELOR MAY BE
EMPLOYED  BY SUCH A PROGRAM, PROVIDED THAT HE OR SHE HAS NO OTHER FINAN-
CIAL INTEREST THEREIN, WHERE THE COURT DETERMINES IN A MANNER NOT INCON-
SISTENT WITH RULES OF THE CHIEF ADMINISTRATOR OF THE COURTS, PROMULGATED
PURSUANT TO PARAGRAPH (S) OF SUBDIVISION  TWO  OF  SECTION  TWO  HUNDRED
TWELVE  OF THE JUDICIARY LAW, THAT THERE IS NO OTHERWISE AVAILABLE COUN-
SELOR WHO DOES NOT HAVE ANY FINANCIAL INTEREST IN SUCH PROGRAM.
  (II) UPON THE COMPLETION OF SUCH ASSESSMENT, THE COURT  SHALL  HOLD  A
HEARING AT WHICH THE INDEPENDENT CERTIFIED ALCOHOLISM OR SUBSTANCE ABUSE
COUNSELOR  SHALL  TESTIFY AND MAKE HIS OR HER REPORT TO THE COURT, WHICH
SHALL INCLUDE A DETERMINATION AS TO THE FOLLOWING:
  (A) WHETHER THE RESPONDENT APPEARED TO BE INCAPACITATED AT THE TIME OF
THE ASSESSMENT BY REASON OF A DEPENDENCE UPON A NAMED CHEMICAL SUBSTANCE
OR SUBSTANCES;
  (B) WHETHER, ON ACCOUNT OF SUCH INCAPACITATION, THERE IS A  LIKELIHOOD
OF  HARM  TO  THE RESPONDENT OR TO OTHERS UNLESS THE RESPONDENT RECEIVES
EMERGENCY DETOXIFICATION SERVICES FOR SUCH CHEMICAL DEPENDENCE; AND,  IF
HE  OR  SHE  DETERMINES  THERE IS SUCH A LIKELIHOOD, THE COUNSELOR SHALL
RECOMMEND THE LEVEL OF CARE REQUIRED FOR SUCH SERVICES, WHETHER  OR  NOT
SUCH  SERVICES  MUST  BE  PROVIDED  IN  AN IN-PATIENT FACILITY PROVIDING
FULL-TIME MEDICAL SUPERVISION AND ANY OTHER FACTORS OF WHICH  THE  COURT
SHOULD TAKE ACCOUNT IN MAKING ITS ORDER HEREUNDER;
  (C) IF THE COUNSELOR RECOMMENDS THAT SERVICES BE PROVIDED IN AN IN-PA-
TIENT  FACILITY, WHETHER THERE IS SUCH A FACILITY IN THE COUNTY IN WHICH
THE COURT IS LOCATED THAT MEETS THE CRITERIA  SPECIFIED  IN  SUBDIVISION
SIX  OF  SECTION SEVEN HUNDRED TWENTY OF THIS ARTICLE AND THAT IS AVAIL-
ABLE AND WILLING  TO  ACCEPT  THE  RESPONDENT  FOR  IMMEDIATE  SERVICES;
PROVIDED  THAT FOR PURPOSES OF SUBPARAGRAPH (D) OF THIS PARAGRAPH, COUN-
TIES COMPRISING A CITY WITH A POPULATION OF ONE MILLION OR MORE SHALL BE
TREATED AS A SINGLE COUNTY; AND

A. 11273--A                         4

  (D) IF THE COUNSELOR RECOMMENDS THAT SERVICES BE PROVIDED IN AN IN-PA-
TIENT FACILITY, AND REPORTS THAT THERE IS NO FACILITY IN THE  COUNTY  IN
WHICH THE COURT IS LOCATED THAT MEETS THE CRITERIA SPECIFIED IN SUBDIVI-
SION  SIX  OF  SECTION  SEVEN HUNDRED TWENTY OF THIS ARTICLE AND THAT IS
AVAILABLE  AND  WILLING TO ACCEPT THE RESPONDENT FOR IMMEDIATE SERVICES,
THE COUNSELOR SHALL REPORT TO THE COURT ON WHETHER A FACILITY IS  AVAIL-
ABLE  AND  WILLING  TO  ACCEPT  THE  RESPONDENT WITHIN THIS STATE IN THE
FOLLOWING ORDER OF PRECEDENCE:
  (1) A FACILITY IN ANOTHER COUNTY CONTIGUOUS TO SUCH COUNTY;
  (2) A FACILITY IN ANOTHER COUNTY SERVED BY THE  FIELD  OFFICE  OF  THE
OFFICE  OF  ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SERVING SUCH COUNTY;
OR
  (3) A FACILITY IN ANY OTHER COUNTY.
  (III) THE COUNSELOR SHALL BE SUBJECT TO CROSS EXAMINATION AT THE HEAR-
ING HELD PURSUANT TO PARAGRAPH (II) OF THIS SUBDIVISION.
  (IV) FOLLOWING THE HEARING HELD PURSUANT TO  PARAGRAPH  (II)  OF  THIS
SUBDIVISION  AND  UPON  A  FINDING  OF FACTS AND REASONS THAT RESPONDENT
REQUIRES EMERGENCY DETOXIFICATION SERVICES FOR A CHEMICAL DEPENDENCE  ON
AN  IN-PATIENT  BASIS,  THE  COURT SHALL ORDER SUCH SERVICES, UNLESS THE
RESPONDENT, UPON CONSULTATION WITH HIS OR HER ATTORNEY, AGREES TO ACCEPT
SUCH SERVICES VOLUNTARILY IN ACCORDANCE WITH SECTION 22.11 OF THE MENTAL
HYGIENE LAW. WHETHER EMERGENCY DETOXIFICATION SERVICES  ARE  ORDERED  BY
THE  COURT  OR ACCEPTED VOLUNTARILY BY THE RESPONDENT, AND REGARDLESS OF
THE BASIS UPON WHICH SUCH SERVICES ARE TO BE PROVIDED, THE  COURT  SHALL
ADJOURN  THE  PROCEEDING  FOR  NOT  MORE  THAN THREE DAYS. THE COURT MAY
ADVANCE THE MATTER UPON APPLICATION BY THE FACILITY OR PROGRAM PROVIDING
SUCH SERVICES OR BY ANY PARTY.
  (V) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (IV) OF THIS  SUBDIVI-
SION,  A  COURT  SHALL NOT ORDER EMERGENCY DETOXIFICATION SERVICES HERE-
UNDER UNLESS, IN ITS FINDING OF FACTS  AND  REASONS,  IT  COMPLIES  WITH
SUBDIVISIONS (A) AND (C) OF THIS SECTION.
  S  7.  Subdivision  (b)  of  section  742  of the family court act, as
amended by section 9 of part E of chapter 57 of the  laws  of  2005,  is
amended to read as follows:
  (b)  At  the  initial  appearance  of  the respondent, the court shall
review any termination of diversion services pursuant to  such  section,
and  the  documentation  of  diligent  attempts  to  provide appropriate
services and determine whether such efforts  or  services  provided  are
sufficient  [and]. THE COURT may, AT ANY TIME, subject to the provisions
of section seven hundred forty-eight of this [article] PART, order  that
additional diversion attempts be undertaken by the designated lead agen-
cy,  INCLUDING,  BUT NOT LIMITED TO, UPON THE RESPONDENT'S APPEARANCE IN
COURT FOLLOWING THE PROVISION OF  EMERGENCY  IN-PATIENT  OR  OUT-PATIENT
DETOXIFICATION  SERVICES  FOR  CHEMICAL  DEPENDENCE  IN  ACCORDANCE WITH
SECTION SEVEN HUNDRED THIRTY-NINE OF THIS ARTICLE.  The court may  order
the  youth  and  the  parent or other person legally responsible for the
youth to participate in diversion services. If the designated lead agen-
cy thereafter determines  that  [the]  A  case  REFERRED  FOR  DIVERSION
EFFORTS  UNDER  THIS SECTION has been successfully resolved, it shall so
notify the court, and the court shall dismiss the petition.
  S 8. Section 746 of the family court act, as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
  S 746. Sequence of hearings. Upon completion of the fact-finding hear-
ing  the  dispositional  hearing  may  commence  immediately  after  the
required findings are made, PROVIDED, HOWEVER, THAT IN ANY CASE IN WHICH
(I)  THE  DISCHARGE  PLAN  FROM  ANY  PROGRAM  OR  FACILITY IN WHICH THE

A. 11273--A                         5

RESPONDENT  RECEIVED  EMERGENCY  DETOXIFICATION  SERVICES  PURSUANT   TO
SECTION  SEVEN  HUNDRED THIRTY-NINE OF THIS ARTICLE RECOMMENDS TREATMENT
FOR CHEMICAL DEPENDENCE, AND (II) THE FACT-FINDING INCLUDES  A  DETERMI-
NATION  BY  THE  COURT  THAT THE RESPONDENT IS BEYOND THE CONTROL OF THE
PARENT OR GUARDIAN BY REASON OF SUCH CHEMICAL DEPENDENCE,  THE  DISPOSI-
TIONAL  HEARING  SHALL  BE  ADJOURNED  PENDING COMPLETION OF A PROBATION
INVESTIGATION, DIAGNOSTIC ASSESSMENT AND CHEMICAL DEPENDENCE EVALUATION.
  S 9. Subdivisions (a) and (b) of section 749 of the family court  act,
subdivision (a) as amended by chapter 237 of the laws of 1991 and subdi-
vision (b) as amended by chapter 806 of the laws of 1973, are amended to
read as follows:
  (a)  Upon or after a fact-finding hearing, the court may, upon its own
motion or upon a motion of a party to the  proceeding,  order  that  the
proceeding be "adjourned in contemplation of dismissal".
  (I)  An adjournment in contemplation of dismissal is an adjournment of
the proceeding, for a period not to exceed six months  with  a  view  to
ultimate dismissal of the petition in furtherance of justice. Upon issu-
ing  such  an  order,  upon such permissible terms and conditions as the
rules of court shall define, the court  must  release  the  [individual]
RESPONDENT, EXCEPT AS PROVIDED BY PARAGRAPH (II) OF THIS SUBDIVISION.
  (II)  THE COURT MAY, AS A CONDITION OF AN ADJOURNMENT IN CONTEMPLATION
OF DISMISSAL ORDER, IN CASES WHERE THE RECORD, INCLUDING, BUT NOT LIMIT-
ED TO, THE DISCHARGE PLAN FROM A DETOXIFICATION PROGRAM OR  FACILITY  IN
WHICH  THE RESPONDENT RECEIVED SERVICES IN ACCORDANCE WITH SECTION SEVEN
HUNDRED THIRTY-NINE OF THIS ARTICLE, ESTABLISHES THAT THE RESPONDENT  IS
IN  NEED OF TREATMENT FOR CHEMICAL DEPENDENCE, REQUIRE THE RESPONDENT TO
COOPERATE WITH A TREATMENT PROGRAM FOR CHEMICAL DEPENDENCE  LICENSED  OR
APPROVED  BY  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR
THE TREATMENT OF JUVENILES UNDER THE AGE OF EIGHTEEN IN ACCORDANCE  WITH
ARTICLE NINETEEN OF THE MENTAL HYGIENE LAW.
  (III) The court may, as a condition of an adjournment in contemplation
of  dismissal  order,  in  cases  where  the  record  indicates that the
consumption of alcohol may have been a contributing factor, require  the
respondent  to  attend  and complete an alcohol awareness program estab-
lished pursuant to [paragraph  six-a  of  subdivision  (a)  of]  section
[19.07] 19.15 of the mental hygiene law.
  (IV)  Upon  application  of  the  petitioner,  or upon the court's own
motion, made at any time during the duration of the order, the court may
restore the matter  to  the  calendar.  If  the  proceeding  is  not  so
restored, the petition is at the expiration of the order, deemed to have
been dismissed by the court in furtherance of justice.
  (b)  On  its  own  motion,  the  court  may adjourn the proceedings on
conclusion of a fact-finding hearing or during a  dispositional  hearing
to  enable  it  to  make  inquiry  into the surroundings, conditions and
capacities of the respondent.
  (I) WHERE THE ESTABLISHMENT OF THE ALLEGATIONS IN THE PETITION, EITHER
UPON A FACT-FINDING HEARING OR UPON ENTRY OF AN ADMISSION OF A  RESPOND-
ENT,  INCLUDES  A DETERMINATION THAT THE RESPONDENT IS IN NEED OF TREAT-
MENT FOR CHEMICAL DEPENDENCE, THE COURT SHALL  ADJOURN  THE  PROCEEDINGS
FOR  A  DIAGNOSTIC ASSESSMENT AND EVALUATION BY AN INDEPENDENT CERTIFIED
ALCOHOLISM AND SUBSTANCE ABUSE COUNSELOR AS DEFINED IN  SUBDIVISION  (D)
OF  SECTION  19.07  OF  THE  MENTAL HYGIENE LAW, WHO HAS HAD TRAINING OR
EXPERIENCE IN TREATMENT AND DIAGNOSIS OF CHEMICAL  DEPENDENCE  IN  JUVE-
NILES  UNDER THE AGE OF EIGHTEEN. SUCH COUNSELOR SHALL BE AN EMPLOYEE OF
STATE OR LOCAL GOVERNMENT AND MAY NOT BE EMPLOYED BY, OR HAVE ANY  OTHER
FINANCIAL  INTEREST IN, ANY CHEMICAL DEPENDENCY DETOXIFICATION OR TREAT-

A. 11273--A                         6

MENT PROGRAM THAT PROVIDES CARE OF  SERVICES  TO  JUVENILES  UNDER  THIS
ARTICLE;  EXCEPT  THAT  A  COUNSELOR  MAY BE EMPLOYED BY SUCH A PROGRAM,
PROVIDED THAT HE OR SHE HAS NO OTHER FINANCIAL INTEREST  THEREIN,  WHERE
THE  COURT  DETERMINES  IN  A  MANNER NOT INCONSISTENT WITH RULES OF THE
CHIEF ADMINISTRATOR OF THE COURTS, PROMULGATED PURSUANT TO PARAGRAPH (S)
OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE  JUDICIARY  LAW,
THAT  THERE  IS  NO  OTHERWISE AVAILABLE COUNSELOR WHO DOES NOT HAVE ANY
FINANCIAL INTEREST IN SUCH PROGRAM.
  (A) SUCH COUNSELOR SHALL MAKE A REPORT, INCLUDING RECOMMENDATIONS  AND
THE  FACTS  IN  SUPPORT  THEREOF, REGARDING WHETHER THE RESPONDENT IS IN
NEED OF TREATMENT FOR CHEMICAL DEPENDENCE; IF SO, FOR WHAT SUBSTANCE  OR
SUBSTANCES  AND  UNDER WHAT LEVEL OF CARE; WHETHER OUT-PATIENT OR IN-PA-
TIENT; AND IF TREATMENT IS RECOMMENDED, WHETHER THERE IS  A  PROGRAM  OR
FACILITY  IN THE COUNTY IN WHICH THE COURT IS LOCATED THAT IS AVAILABLE,
THAT IS WILLING TO ACCEPT THE RESPONDENT AND IS CERTIFIED OR LICENSED BY
THE STATE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES  TO  PROVIDE
SUCH  SERVICES  TO CHEMICALLY DEPENDENT JUVENILES UNDER THE AGE OF EIGH-
TEEN IN ACCORDANCE WITH ARTICLE NINETEEN  OF  THE  MENTAL  HYGIENE  LAW;
PROVIDED,  THAT  FOR  THE PURPOSES OF THIS SUBPARAGRAPH AND SUBPARAGRAPH
(B) OF THIS PARAGRAPH, COUNTIES COMPRISING A CITY WITH A  POPULATION  OF
ONE MILLION OR MORE SHALL BE TREATED AS A SINGLE COUNTY.
  (B)  IF  THE  COUNSELOR  REPORTS  THAT THERE IS NO FACILITY WITHIN THE
COUNTY IN WHICH THE COURT SPECIFIED IN SUBPARAGRAPH (A)  OF  THIS  PARA-
GRAPH  THAT  IS AVAILABLE AND WILLING TO ACCEPT THE RESPONDENT, THEN THE
COUNSELOR SHALL REPORT TO THE COURT ON WHETHER A FACILITY  IS  AVAILABLE
AND  WILLING TO ACCEPT THE RESPONDENT WITHIN THIS STATE IN THE FOLLOWING
ORDER OF PRECEDENCE:
  (1) A FACILITY IN ANOTHER COUNTY CONTIGUOUS TO SUCH COUNTY;
  (2) A FACILITY IN ANOTHER COUNTY SERVED BY THE  FIELD  OFFICE  OF  THE
OFFICE  OF  ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SERVING SUCH COUNTY;
OR
  (3) A FACILITY IN ANY OTHER COUNTY.
  (II) An adjournment [on the court's motion] may not be for a period of
more than ten days if the respondent is detained, in which case not more
than a total of two such adjournments may be granted in the  absence  of
special circumstances. If the respondent is not detained, an adjournment
may be for a reasonable time, but the total number of adjourned days may
not exceed two months.
  S  10.  The  section  heading  and subdivision 2 of section 750 of the
family court act, the section heading as added by  chapter  878  of  the
laws  of  1976 and subdivision 2 as amended by chapter 41 of the laws of
2010, are amended to read as follows:
  Probation reports; probation investigation [and],  diagnostic  assess-
ment AND CHEMICAL DEPENDENCE EVALUATION.
  2.  After the completion of the fact-finding hearing and the making of
the required findings  and  prior  to  the  dispositional  hearing,  the
reports  or  memoranda prepared or obtained by the probation service and
furnished to the court shall be made available by the court for examina-
tion and copying by the child's counsel or by the respondent  if  he  or
she  is not represented by counsel. All diagnostic assessments, CHEMICAL
DEPENDENCE EVALUATIONS and  probation  investigation  reports  shall  be
submitted  to  the court at least five court days prior to the commence-
ment of the dispositional hearing.   In its  discretion  the  court  may
except from disclosure a part or parts of the reports or memoranda which
are  not  relevant  to  a  proper disposition, or sources of information
which have been obtained on a promise of confidentiality, or  any  other

A. 11273--A                         7

portion  thereof,  disclosure  of  which would not be in the interest of
justice. In all cases where a part or parts of the reports or  memoranda
are  not  disclosed, the court shall state for the record that a part or
parts of the reports or memoranda have been excepted and the reasons for
its  action.  The action of the court excepting information from disclo-
sure shall be subject to review on any appeal from the order of disposi-
tion. If such reports or memoranda are made available to the  respondent
or  his or her counsel, they shall also be made available to the counsel
presenting the petition pursuant to section two  hundred  fifty-four  OF
THIS  CHAPTER  and,  in  the  court's  discretion, to any other attorney
representing the petitioner.
  S 11. Section 754 of the family court act is amended by adding  a  new
subdivision 3 to read as follows:
  3.  (A)  WHERE  THE COURT HAS DETERMINED, BASED UPON THE TESTIMONY AND
REPORT OF THE CERTIFIED ALCOHOLISM AND  SUBSTANCE  ABUSE  COUNSELOR  WHO
EVALUATED  THE  RESPONDENT IN ACCORDANCE WITH SUBDIVISION (B) OF SECTION
SEVEN HUNDRED FORTY-NINE OF THIS ARTICLE  AND  OTHER  EVIDENCE  ADDUCED,
THAT  RESPONDENT  IS  IN  NEED OF TREATMENT FOR CHEMICAL DEPENDENCE, THE
COURT MAY DIRECT, AS A CONDITION OF AN ORDER UNDER PARAGRAPH (B), (C) OR
(D) OF SUBDIVISION ONE OF THIS SECTION, THAT  THE  RESPONDENT  COOPERATE
WITH A PROGRAM OF TREATMENT FOR CHEMICAL DEPENDENCE. SUCH PROGRAM, WHICH
MAY INCLUDE IN-PATIENT, AS WELL AS OUT-PATIENT, CARE, DEPENDING UPON THE
LEVEL OF CARE DETERMINED TO BE REQUIRED BY RESPONDENT, MUST BE CERTIFIED
OR  LICENSED  BY  THE  STATE  OFFICE  OF  ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES TO PROVIDE SUCH  SERVICES  TO  CHEMICALLY  DEPENDENT  JUVENILES
UNDER  THE  AGE  OF  EIGHTEEN IN ACCORDANCE WITH ARTICLE NINETEEN OF THE
MENTAL HYGIENE LAW.
  (B)(I) IN SELECTING A PROGRAM FOR CHEMICAL DEPENDENCE PURSUANT TO THIS
SECTION, THE COURT SHALL CONSIDER THE REPORT OF THE INDEPENDENT ALCOHOL-
ISM AND SUBSTANCE ABUSE COUNSELOR PURSUANT TO PARAGRAPH (B)  OF  SECTION
SEVEN  HUNDRED  FORTY-NINE OF THIS ARTICLE. EXCEPT AS OTHERWISE PROVIDED
IN SUBPARAGRAPHS (II) AND (III)  OF  THIS  PARAGRAPH,  THE  COURT  SHALL
SELECT  A  PROGRAM  WITHIN  THE  COUNTY  IN  WHICH THE COURT IS LOCATED;
PROVIDED THAT FOR PURPOSES OF THIS SUBPARAGRAPH, COUNTIES  COMPRISING  A
CITY  WITH  A  POPULATION  OF  ONE MILLION OR MORE SHALL BE TREATED AS A
SINGLE COUNTY.
  (II) IF SUCH REPORT FINDS THAT THERE IS NO FACILITY WITHIN THE  COUNTY
SPECIFIED  IN  SUBPARAGRAPH  (I) OF THIS PARAGRAPH THAT IS AVAILABLE AND
WILLING TO ACCEPT THE RESPONDENT, THEN  THE  COURT  MAY  SELECT  ANOTHER
FACILITY WITHIN THIS STATE IN THE FOLLOWING ORDER OF PRECEDENCE:
  (A) A FACILITY IN ANOTHER COUNTY CONTIGUOUS TO SUCH COUNTY;
  (B)  A  FACILITY  IN  ANOTHER COUNTY SERVED BY THE FIELD OFFICE OF THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SERVING  SUCH  COUNTY;
OR
  (C) A FACILITY IN ANY OTHER COUNTY.
  (III) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS PARAGRAPH, IF THE
REPORT  DETERMINES THAT THE RESPONDENT MAY HAVE ONE OR MORE CO-OCCURRING
DISORDERS, INCLUDING BUT NOT LIMITED TO A MENTAL  HEALTH  DISORDER,  AND
THAT THERE IS A FACILITY DUALLY LICENSED BY THE OFFICE OF ALCOHOLISM AND
SUBSTANCE  ABUSE  SERVICES  AND  ANOTHER  STATE  OFFICE OR AGENCY, WHICH
FACILITY IS AVAILABLE AND WILLING  TO  ACCEPT  THE  RESPONDENT  AND  CAN
PROVIDE  BOTH CHEMICAL DEPENDENCE TREATMENT SERVICES AND SERVICES APPRO-
PRIATE TO SUCH CO-OCCURRING DISORDER OR DISORDERS, THEN  THE  COURT  MAY
SELECT  SUCH  PROGRAM;  PROVIDED,  THAT  THE COURT SHALL MAKE REASONABLE
EFFORTS TO SELECT THE PROGRAM LOCATED MOST PROXIMATE TO  THE  COUNTY  IN
WHICH SUCH COURT IS LOCATED.

A. 11273--A                         8

  (C)  WHERE AN ORDER FOR CHEMICAL DEPENDENCE TREATMENT HAS BEEN ENTERED
PURSUANT TO THIS PARAGRAPH, THE PROGRAM SHALL SUBMIT A WRITTEN REPORT ON
THE RESPONDENT'S PROGRESS NOT MORE THAN  EVERY  SIXTY  DAYS  DURING  THE
PERIOD  OF DISPOSITION TO THE COURT, THE RESPONDENT'S ATTORNEY AND PETI-
TIONER.
  S  12.  Paragraph  2 of subdivision (f) of section 19.15 of the mental
hygiene law, as amended by chapter 524 of the laws of 2005,  is  amended
to read as follows:
  (2)  The office shall on or before the first day of April in each year
file a written report with the governor, the temporary president of  the
senate  and  the  speaker of the assembly summarizing the results of any
special system or program directed at the special  needs  of  women  and
children   affected  by  alcoholism,  alcohol  abuse,  substance  abuse,
substance dependence, or chemical dependence, INCLUDING CHILDREN WHO ARE
THE SUBJECTS OF PROCEEDINGS UNDER ARTICLE SEVEN OF THE FAMILY COURT  ACT
AND WHO ARE ORDERED INTO DETOXIFICATION AND TREATMENT PROGRAMS FOR CHEM-
ICAL  DEPENDENCE.  Such  report  shall  include  but not be limited to a
statistical analysis of the effectiveness of such programs initiated  by
the office together with suggested legislation deemed necessary or prop-
er for the implementation of new programs or future success and develop-
ment of existing programs.
  S  13.  Paragraphs  1 and 2 of subdivision (d) of section 19.07 of the
mental hygiene law, as amended by section 5 of part I of chapter  58  of
the laws of 2005, are amended to read as follows:
  (1)  The  office shall establish minimum qualifications for counselors
in all phases of delivery of services to persons and their families  who
are  suffering  from  alcohol  and/or  substance  abuse  and/or chemical
dependence and/or compulsive gambling that shall  include,  but  not  be
limited  to,  completion  of  approved  courses  of  study or equivalent
on-the-job experience  in  alcoholism  and  substance  abuse  counseling
and/or  counseling  of compulsive gambling.  SUCH COURSES OR EXPERIENCES
SHALL INCLUDE TRAINING IN THE TREATMENT AND DIAGNOSIS OF YOUTH SUFFERING
FROM ALCOHOL AND/OR SUBSTANCE ABUSE AND/OR CHEMICAL DEPENDENCE.
  (i) The office shall establish procedures  for  issuing,  directly  or
through  contract, credentials to counselors who meet minimum qualifica-
tions, including  the  establishment  of  appropriate  fees,  and  shall
further  establish  procedures to suspend, revoke, or annul such creden-
tials for good cause.  Such  procedures  shall  be  promulgated  by  the
commissioner by rule or regulation.
  (ii)  The  commissioner  shall  establish  a credentialing board which
shall provide advice concerning the credentialing process.
  (2) The establishment, with the advice  of  the  advisory  council  on
alcoholism  and  substance abuse services, of minimum qualifications for
counselors in all phases of delivery of services to those suffering from
alcoholism, substance and/or chemical  abuse  and/or  dependence  and/or
compulsive  gambling  and  their families that shall include, but not be
limited to, completion  of  approved  courses  of  study  or  equivalent
on-the-job  experience  in  counseling  for alcoholism, substance and/or
chemical abuse and/or dependence and/or compulsive gambling, SUCH COURS-
ES OR EXPERIENCES SHALL INCLUDE TRAINING IN THE TREATMENT AND  DIAGNOSIS
OF  YOUTH  SUFFERING FROM ALCOHOL AND/OR SUBSTANCE ABUSE AND/OR CHEMICAL
DEPENDENCE and issue credentials to counselors who meet  minimum  quali-
fications  and suspend, revoke, or annul such credentials for good cause
in accordance with procedures promulgated by the commissioner by rule or
regulation.

A. 11273--A                         9

  S 14. Paragraphs 6 and 7 of subsection (l)  of  section  3221  of  the
insurance law, paragraph 6 as amended by chapter 558 of the laws of 1999
and  paragraph  7  as  amended  by  chapter 565 of the laws of 2000, are
amended and a new paragraph 7-a is added to read as follows:
  (6)  (A)  Every insurer delivering a group or school blanket policy or
issuing a group or school blanket policy for delivery,  in  this  state,
which  provides coverage for inpatient hospital care must make available
and, if requested by the policyholder, provide coverage for the  diagno-
sis  and  treatment  of  chemical abuse and chemical dependence, however
defined in such policy, provided, however, that the term chemical  abuse
shall  mean and include alcohol and substance abuse and chemical depend-
ence shall mean and include alcoholism and substance dependence, however
defined in such policy. Written  notice  of  the  availability  of  such
coverage  shall  be  delivered to the policyholder prior to inception of
such group policy and annually thereafter, except that this notice shall
not be required where a policy covers two hundred or more  employees  or
where  the  benefit  structure  was the subject of collective bargaining
affecting persons who are employed in more than one state.
  (B) Such coverage shall be at least equal to the following:
  (i) with respect to benefits for detoxification as  a  consequence  of
chemical  dependence,  inpatient benefits in a hospital or a detoxifica-
tion facility may not be limited to  less  than  seven  days  of  active
treatment in any calendar year; and
  (ii)  with respect to benefits for rehabilitation services, such bene-
fits may not be limited to less than thirty days of  inpatient  care  in
any calendar year.
  (C) Such coverage may be limited to facilities in New York state which
are  certified  by the office of alcoholism and substance abuse services
and, in other states, to those which are accredited by the joint commis-
sion on accreditation of hospitals as  alcoholism,  substance  abuse  or
chemical dependence treatment programs.
  (D)  Such coverage shall be [made available] PROVIDED at the inception
of all new policies and with respect to all other policies at any  anni-
versary date of the policy [subject to evidence of insurability].
  (E)  Such  coverage  may be subject to annual deductibles and co-insu-
rance as may  be  deemed  appropriate  by  the  superintendent  and  are
consistent  with  those imposed on other benefits within a given policy.
[Further, each insurer shall report to the superintendent each year  the
number  of contract holders to whom it has issued policies for the inpa-
tient treatment of chemical dependence, and the  approximate  number  of
persons covered by such policies.]
  (F)  Such  coverage  shall not replace, restrict or eliminate existing
coverage provided by the policy.
  (7) Every insurer delivering a group or school blanket policy or issu-
ing a group or school blanket policy for delivery in  this  state  which
provides  coverage for inpatient hospital care must provide coverage for
at least sixty outpatient visits in any calendar year AND CARE  for  the
diagnosis  and  treatment  of chemical dependence [of which up to twenty
may be for family members, except that this]. THIS provision  shall  not
apply  to  a policy which covers persons employed in more than one state
or the benefit structure of which was the subject of collective bargain-
ing affecting persons who are employed in  more  than  one  state.  Such
coverage may be limited to facilities in New York state certified by the
office  of  alcoholism  and substance abuse services or licensed by such
office  as  outpatient  clinics  or  medically   supervised   ambulatory
substance  abuse  programs  and,  in  other  states,  to those which are

A. 11273--A                        10

accredited by the joint commission  on  accreditation  of  hospitals  as
alcoholism  or chemical dependence treatment programs. Such coverage may
be subject to annual deductibles  and  co-insurance  as  may  be  deemed
appropriate  by the superintendent and are consistent with those imposed
on other benefits  within  a  given  policy.  Such  coverage  shall  not
replace,  restrict, or eliminate existing coverage provided by the poli-
cy. Except as otherwise provided in the applicable policy  or  contract,
no  insurer  delivering  a  group  or school blanket policy or issuing a
group or school blanket policy  providing  coverage  for  alcoholism  or
substance abuse services pursuant to this section shall deny coverage to
a  family  member who identifies themself as a family member of a person
suffering from the disease of alcoholism, substance  abuse  or  chemical
dependency  and  who seeks treatment as a family member who is otherwise
covered by the applicable policy or contract pursuant to  this  section.
The  coverage  required  by  this paragraph shall include treatment as a
family member pursuant to such family members' own  policy  or  contract
provided such family member [(i) does not exceed the allowable number of
family  visits provided by the applicable policy or contract pursuant to
this section, and (ii)] is otherwise entitled to  coverage  pursuant  to
this section and such family members' applicable policy or contract.
  (7-A)  EVERY  INSURER  DELIVERING  A GROUP OR SCHOOL BLANKET POLICY OR
ISSUING A GROUP OR SCHOOL BLANKET POLICY FOR  DELIVERY  IN  THIS  STATE,
WHICH  PROVIDES  COVERAGE  FOR INPATIENT HOSPITAL CARE, SHALL PROVIDE AS
PART OF SUCH POLICY COVERAGE FOR THE ASSESSMENT, DIAGNOSIS,  AND  TREAT-
MENT  OF  CHEMICAL  ABUSE  AND  CHEMICAL DEPENDENCE PURSUANT TO A FAMILY
COURT REFERRAL FOR ASSESSMENT, ORDER OR CONDITION  IN  CONTEMPLATION  OF
DISMISSAL  REQUIRING  SUCH  ASSESSMENT,  DIAGNOSIS  OR  TREATMENT,  IN A
PROCEEDING DESCRIBED BY SUBDIVISION (F) OF SECTION SEVEN  HUNDRED  THIR-
TY-THREE OF THE FAMILY COURT ACT. THE TERM CHEMICAL ABUSE SHALL MEAN AND
INCLUDE  ALCOHOL  AND SUBSTANCE ABUSE AND CHEMICAL DEPENDENCE SHALL MEAN
AND INCLUDE ALCOHOLISM AND SUBSTANCE DEPENDENCE, HOWEVER DEFINED IN SUCH
POLICY.
  (A) SUCH COVERAGE SHALL BE AT LEAST EQUAL TO THE FOLLOWING:
  (I) WITH RESPECT TO BENEFITS FOR DETOXIFICATION AS  A  CONSEQUENCE  OF
CHEMICAL  DEPENDENCE,  INPATIENT BENEFITS IN A HOSPITAL OR A DETOXIFICA-
TION FACILITY MAY NOT BE LIMITED TO  LESS  THAN  SEVEN  DAYS  OF  ACTIVE
TREATMENT IN ANY CALENDAR YEAR; AND
  (II)  WITH RESPECT TO BENEFITS FOR REHABILITATION SERVICES, SUCH BENE-
FITS MAY NOT BE LIMITED TO LESS THAN THIRTY DAYS OF  INPATIENT  CARE  IN
ANY CALENDAR YEAR.
  (B) SUCH COVERAGE MAY BE LIMITED TO FACILITIES IN NEW YORK STATE WHICH
ARE  CERTIFIED  BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
AND, IN OTHER STATES, TO THOSE WHICH ARE ACCREDITED BY THE JOINT COMMIS-
SION ON ACCREDITATION OF HOSPITALS AND ALCOHOLISM,  SUBSTANCE  ABUSE  OR
CHEMICAL DEPENDENCE TREATMENT PROGRAMS.
  (C)  SUCH COVERAGE MAY NOT BE SUBJECT TO THE PROVIDER NETWORK REQUIRE-
MENTS OF THE POLICY, IF   ANY, WHERE APPLICABLE.  AFTER  SEVEN  CALENDAR
DAYS,  COVERAGE FOR THE TREATMENT OF CHEMICAL ABUSE AND CHEMICAL DEPEND-
ENCE MAY BE SUBJECT TO  UTILIZATION  REVIEW  OF  HEALTH  CARE  SERVICES,
INCLUDING  THE  REVIEW  OF  MEDICAL NECESSITY, CASE MANAGEMENT AND OTHER
MANAGED CARE PROVISIONS.
  (D) SUCH COVERAGE MAY NOT BE SUBJECT TO ANNUAL DEDUCTIBLES BUT MAY  BE
SUBJECT  TO CO-PAYMENTS AND CO-INSURANCE AS MAY BE DEEMED APPROPRIATE BY
THE SUPERINTENDENT AND ARE CONSISTENT WITH THOSE IMPOSED ON OTHER  BENE-
FITS WITHIN A GIVEN POLICY.

A. 11273--A                        11

  S  15.  Paragraphs  17, 18 and 19 of subsection (b) of section 4322 of
the insurance law, as added by chapter 504 of  the  laws  of  1995,  are
amended to read as follows:
  (17) Inpatient diagnosis and treatment of mental, nervous or emotional
disorders  or ailments up to thirty days per calendar year combined with
inpatient treatment of alcoholism [and],  substance  abuse  OR  CHEMICAL
DEPENDENCE.
  (18) Inpatient diagnosis and treatment of alcoholism and alcohol abuse
and  substance  abuse  and [substance] CHEMICAL dependence [up to thirty
days per calendar year] AND for detoxification [combined with  inpatient
treatment of mental, nervous or emotional disorders or ailments].
  (19)   Outpatient  diagnosis  and  treatment  of  mental,  nervous  or
emotional disorders or ailments [up to thirty  non-emergency  and  three
emergency  visits  per  calendar  year]  AND DISORDERS OF ALCOHOLISM AND
ALCOHOL ABUSE AND SUBSTANCE ABUSE AND CHEMICAL DEPENDENCE.
  S 16. Subsections (k) and (l) of section 4303 of  the  insurance  law,
subsection  (k)  as  amended  by  chapter  558  of  the laws of 1999 and
subsection (l) as amended by chapter  565  of  the  laws  of  2000,  are
amended and a new subsection (l-1) is added to read as follows:
  (k)  A  hospital  service  corporation or a health service corporation
which provides group, group remittance or school  blanket  coverage  for
inpatient  hospital  care  [must  make available and if requested by the
contract holder] SHALL provide AS PART OF SUCH POLICY coverage  for  the
diagnosis  and  treatment  of  chemical  abuse  and chemical dependence,
however defined in such policy, provided, however, that the term  chemi-
cal  abuse shall mean and include alcohol and substance abuse and chemi-
cal dependence shall mean and include alcoholism and  substance  depend-
ence,  however  defined in such policy, except that this provision shall
not apply to a policy which covers persons employed  in  more  than  one
state  or  the  benefit structure of which was the subject of collective
bargaining affecting persons who are employed in more  than  one  state.
Such  coverage  shall  be  at  least  equal  to [the following] COVERAGE
PROVIDED FOR OTHER HEALTH CONDITIONS  AND  SHALL  INCLUDE:    (1)  [with
respect  to]  benefits  for  detoxification as a consequence of chemical
dependence, inpatient benefits for care in a hospital or  detoxification
facility [may not be limited to less than seven days of active treatment
in  any calendar year]; and (2) [with respect to] benefits for inpatient
rehabilitation services[, such benefits may not be limited to less  than
thirty days of] AND inpatient rehabilitation in a hospital based or free
standing  chemical dependence facility in [any calendar year] A HOSPITAL
OR REHABILITATION FACILITY.  Such coverage may be limited to  facilities
in  New  York  state which are certified by the office of alcoholism and
substance abuse services and,  in  other  states,  to  those  which  are
accredited  by  the  joint  commission  on accreditation of hospitals as
alcoholism, substance abuse, or chemical dependence treatment  programs.
Such coverage shall be [made available] PROVIDED at the inception of all
new  policies  and  with respect to policies issued before the effective
date of this subsection at the first annual anniversary date thereafter,
without evidence of insurability [and at any subsequent annual  anniver-
sary  date  subject  to  evidence of insurability]. Such coverage may be
subject to annual deductibles and co-insurance as may be  deemed  appro-
priate  by  the  superintendent and are consistent with those imposed on
other benefits within a given policy. [Further,  each  hospital  service
corporation  or  health  service  corporation shall report to the super-
intendent each year the number of contract holders to whom it has issued
policies for the inpatient treatment of  chemical  dependence,  and  the

A. 11273--A                        12

approximate  number  of persons covered by such policies.] Such coverage
shall not replace, restrict or eliminate existing coverage  provided  by
the policy. Written notice of the availability of such coverage shall be
delivered to the group remitting agent or group contract holder prior to
inception  of  such  contract  and annually thereafter, except that this
notice shall not be required where a policy covers two hundred  or  more
employees  or  where the benefit structure was the subject of collective
bargaining affecting persons who are employed in more than one state.
  (l) A hospital service corporation or  a  health  service  corporation
which  provides  group,  group remittance or school blanket coverage for
inpatient hospital care must provide coverage for at least sixty  outpa-
tient  visits  in any calendar year CARE for the diagnosis and treatment
of chemical dependence [of which up to twenty may be for family members,
except that this]. THIS provision shall not apply to a  contract  issued
pursuant  to  section  four  thousand three hundred five of this article
which covers persons employed in more than  one  state  or  the  benefit
structure  of  which  was the subject of collective bargaining affecting
persons who are employed in more than one state. Such  coverage  may  be
limited to facilities in New York state certified by the office of alco-
holism and substance abuse services or licensed by such office as outpa-
tient   clinics  or  medically  supervised  ambulatory  substance  abuse
programs and, in other states, to those  which  are  accredited  by  the
joint commission on accreditation of hospitals as alcoholism or chemical
dependence  substance  abuse  treatment  programs.  Such coverage may be
subject to annual deductibles and co-insurance as may be  deemed  appro-
priate  by  the  superintendent and are consistent with those imposed on
other benefits within a given policy. Such coverage shall  not  replace,
restrict  or  eliminate existing coverage provided by the policy. Except
as otherwise provided in the applicable policy or contract, no  hospital
service corporation or health service corporation providing coverage for
alcoholism  or  substance  abuse services pursuant to this section shall
deny coverage to a family member who identifies  themself  as  a  family
member  of  a person suffering from the disease of alcoholism, substance
abuse or chemical dependency and who seeks treatment as a family  member
who  is  otherwise covered by the applicable policy or contract pursuant
to this section. The coverage required by this subsection shall  include
treatment as a family member pursuant to such family members' own policy
or  contract provided such family member [(i) does not exceed the allow-
able number of family  visits  provided  by  the  applicable  policy  or
contract  pursuant  to  this section, and (ii)] is otherwise entitled to
coverage pursuant to this section and such  family  members'  applicable
policy or contract.
  (L-1)  EVERY  INSURER  DELIVERING  A GROUP OR SCHOOL BLANKET POLICY OR
ISSUING A GROUP OR SCHOOL BLANKET POLICY FOR  DELIVERY  IN  THIS  STATE,
WHICH  PROVIDES  COVERAGE  FOR INPATIENT HOSPITAL CARE, SHALL PROVIDE AS
PART OF SUCH POLICY COVERAGE FOR THE ASSESSMENT, DIAGNOSIS,  AND  TREAT-
MENT  OF  CHEMICAL  ABUSE  AND  CHEMICAL DEPENDENCE PURSUANT TO A FAMILY
COURT REFERRAL FOR ASSESSMENT, ORDER OR CONDITION  IN  CONTEMPLATION  OF
DISMISSAL  REQUIRING  SUCH  ASSESSMENT,  DIAGNOSIS  OR  TREATMENT,  IN A
PROCEEDING DESCRIBED BY SUBDIVISION (F) OF SECTION SEVEN  HUNDRED  THIR-
TY-THREE OF THE FAMILY COURT ACT. THE TERM CHEMICAL ABUSE SHALL MEAN AND
INCLUDE  ALCOHOL  AND SUBSTANCE ABUSE AND CHEMICAL DEPENDENCE SHALL MEAN
AND INCLUDE ALCOHOLISM AND SUBSTANCE DEPENDENCE, HOWEVER DEFINED IN SUCH
POLICY.
  (1) SUCH COVERAGE SHALL BE AT LEAST EQUAL TO THE FOLLOWING:

A. 11273--A                        13

  (A) WITH RESPECT TO BENEFITS FOR DETOXIFICATION AS  A  CONSEQUENCE  OF
CHEMICAL  DEPENDENCE, IN PATIENT BENEFITS IN A HOSPITAL OR A DETOXIFICA-
TION FACILITY MAY NOT BE LIMITED TO  LESS  THAN  SEVEN  DAYS  OF  ACTIVE
TREATMENT IN ANY CALENDAR YEAR; AND
  (B)  WITH  RESPECT TO BENEFITS FOR REHABILITATION SERVICES, SUCH BENE-
FITS MAY NOT BE LIMITED TO LESS THAN THIRTY DAYS OF  INPATIENT  CARE  IN
ANY CALENDAR YEAR.
  (2) SUCH COVERAGE MAY BE LIMITED TO FACILITIES IN NEW YORK STATE WHICH
ARE  CERTIFIED  BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
AND, IN OTHER STATES, TO THOSE WHICH ARE ACCREDITED BY THE JOINT COMMIS-
SION ON ACCREDITATION OF HOSPITALS AS  ALCOHOLISM,  SUBSTANCE  ABUSE  OR
CHEMICAL DEPENDENCE TREATMENT PROGRAMS.
  (3)  SUCH COVERAGE MAY NOT BE SUBJECT TO THE PROVIDER NETWORK REQUIRE-
MENTS OF THE POLICY, IF ANY,  WHERE  APPLICABLE.  AFTER  SEVEN  CALENDAR
DAYS,  COVERAGE FOR THE TREATMENT OF CHEMICAL ABUSE AND CHEMICAL DEPEND-
ENCE MAY BE SUBJECT TO  UTILIZATION  REVIEW  OF  HEALTH  CARE  SERVICES,
INCLUDING  THE  REVIEW  OF  MEDICAL NECESSITY, CASE MANAGEMENT AND OTHER
MANAGED CARE PROVISIONS.
  (4) SUCH COVERAGE MAY NOT BE SUBJECT TO ANNUAL DEDUCTIBLES BUT MAY  BE
SUBJECT  TO CO-PAYMENTS AND CO-INSURANCE AS MAY BE DEEMED APPROPRIATE BY
THE SUPERINTENDENT AND ARE CONSISTENT WITH THOSE IMPOSED ON OTHER  BENE-
FITS WITHIN A GIVEN POLICY.
  S  17. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (s) to read as follows:
  (S) ADOPT RULES IN RELATION TO INDEPENDENT  ALCOHOLISM  AND  SUBSTANCE
ABUSE  COUNSELORS  PURSUANT  TO SUBDIVISION (D) OF SECTION SEVEN HUNDRED
THIRTY-NINE OF THE FAMILY COURT ACT.
  S 18. Severability. If any clause,  sentence,  paragraph,  section  or
part  of any provision of this act be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not  affect,  impair  or
invalidate the remainder thereof, but shall be confined in its operation
to  the  clause,  sentence,  paragraph, section or part of the provision
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  19.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a law and shall apply to petitions  filed  on
or  after  such  date; provided, however that the amendments to sections
3221, 4322 and 4303 of the  insurance law, made  by  sections  fourteen,
fifteen  and  sixteen  of this act, shall apply to policies or contracts
issued, renewed, modified, altered or amended on and after such  date.