Assembly Bill A7465A

                                BILL NUMBER:A7465A

TITLE  OF BILL:   An act to amend the mental hygiene law, in relation to
requiring substance abuse recovery houses to obtain an operating certif-
icate

PURPOSE OR GENERAL IDEA OF BILL: Requires substance abuse recovery hous-
es to obtain an operating certificate from the office of alcoholism  and
substance abuse services.

SUMMARY  OF SPECIFIC PROVISIONS: Amends subdivision (a) of section 32.05
of the mental hygiene law.

JUSTIFICATION: In recent years, substance  abuse  recovery  houses  have
developed  at an alarming rate in Suffolk County. In fact, the operators
and managers of these programs have been known to actively market  their
facilities outside of Suffolk County in order to generate more business.
Despite  this increased development, the quality of these facilities and
the safety of their occupants remain unregulated by the State.  Many  of
these individuals are forensically involved, dually diagnosed and suffer
from  serious  mental disorders.   In most cases, the residents of these
facilities require a level  of  outpatient  care  and  housing  that  is
currently not being met.

While Suffolk County,s Department of. Social Services provides financial
aid  and/or  services  to  some of the residents in recovery houses, the
              

County has no legal authority to manage the operation of  these  facili-
ties.  Although  DSS  attempts  to  inspect a facility with four or more
unrelated Public Assistance recipients, there is no legal or  regulatory
basis  for  taking  this action. A landlord can refuse inspection and is
not required to provide any notice for operating a new  facility.  If  a
recovery  house  is  structurally  unsafe, the matter is referred to the
local town or village for appropriate action. Unfortunately, there is no
agency that oversees the care and  treatment  of  individuals  occupying
these facilities.

Article  32  of  the  New  York  State Mental Hygiene Law sets forth the
provisions that enable the Commissioner of OASAS to regulate the quality
of services provided to persons suffering from chemical abuse or depend-
ence. Section 32.05 provides the  Commissioner  with  the  authority  to
issue  operating  certificates  to  community residences providing care,
custody or treatment to persons suffering from chemical abuse or depend-
ence. The County of Suffolk believes that substance abuse recovery hous-
es qualify as a community residence as defined under this  provision  of
law.  However,  the  statute  is  not  sufficiently clear on this point.
Therefore, the County is  requesting  the  State  Legislature  to  amend
Section 32.05(a) to require substance abuse recovery houses to obtain an
operating certificate from the Commissioner of OASAS.

State  certification of substance abuse recovery houses will require the
Commissioner of OASAS to determine that  a  public  need  exists  before
establishing  one  of these facilities. In addition, State certification

of recovery houses will ensure the character, competence and standing of
the person or entity responsible for operating a recovery house.  Appli-
cants  will  have  to  demonstrate  their financial ability to operate a
facility,  as well as their ability to provide and maintain a safe envi-
ronment for the residents of these  facilities.  Most  importantly,  the
care  and  services  received by these individuals will be closely moni-
tored to ensure that they are in compliance  with  applicable  laws  and
regulations  and  consistent  with  their treatment and discharge plans.
Without this proper oversight,  substance  abuse  recovery  houses  will
continue  to  pose  a serious threat to the safety and well being of the
individuals that occupy them.

PRIOR LEGISLATIVE HISTORY:
2001-02: A.6960/S.3945
2003-04: A.1334
2005-06: A. 7954 - Referred to Assembly Alcohol and Drug Abuse Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after  it
shall have become a law.