S T A T E O F N E W Y O R K
________________________________________________________________________
9523--B
I N A S S E M B L Y
January 11, 2010
___________
Introduced by M. of A. FIELDS, ROBINSON, ORTIZ, HOOPER, CASTRO, ARROYO,
GUNTHER, ESPAILLAT -- Multi-Sponsored by -- M. of A. BOYLAND, BURLING,
CALHOUN, CONTE, COOK, CROUCH, DelMONTE, ERRIGO, FINCH, GABRYSZAK,
GALEF, GIBSON, GIGLIO, MAGEE, MARKEY, MAYERSOHN, McDONOUGH, McKEVITT,
MENG, M. MILLER, PHEFFER, REILLY, SALADINO, SAYWARD, TOWNSEND -- read
once and referred to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, 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; and to amend the insurance law, in relation to
providing benefits for treatment of chemical dependency in certain
health insurance plans
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. The family court act is amended by adding a new article 10-B to
read as follows:
ARTICLE 10-B
YOUTH DRUG AND ALCOHOL DETOXIFICATION
SECTION 1100. YOUTH DRUG AND ALCOHOL DETOXIFICATION.
S 1100. YOUTH DRUG AND ALCOHOL DETOXIFICATION. 1. FOR PURPOSES OF THIS
SECTION:
(A) "APPROVED APPLICANT" MEANS:
(I) WITH RESPECT TO A YOUTH:
(1) THAT YOUTH'S PARENT; OR
(2) A PERSON WITH WHOM THAT YOUTH HAS A CLOSE PERSONAL RELATIONSHIP;
OR
(II) A SOCIAL WORKER;
(B) "ASSESSED YOUTH" MEANS A YOUTH WHO IS THE SUBJECT OF A WARRANT
ISSUED PURSUANT TO SUBDIVISION THREE OF THIS SECTION, WHO HAS BEEN
APPREHENDED FOR THE PURPOSES OF AN EXAMINATION OR WHO IS THE SUBJECT OF
A DETOXIFICATION ORDER;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15278-05-0
A. 9523--B 2
(C) "DETOXIFICATION FACILITY" MEANS A FACILITY IN NEW YORK STATE
CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES;
(D) "DETOXIFICATION ORDER" MEANS AN ORDER ISSUED PURSUANT TO SUBDIVI-
SION THIRTEEN OF THIS SECTION RESPECTING AN ASSESSED YOUTH.
(E) "YOUTH" MEANS AN INDIVIDUAL WHO HAS NOT ATTAINED THE AGE OF TWEN-
TY-ONE YEARS.
2. AN APPROVED APPLICANT MAY PETITION THE COURT STATING THAT THE
APPROVED APPLICANT BELIEVES ON REASONABLE GROUNDS THAT A YOUTH:
(A) IS SUFFERING FROM DRUG ADDICTION OR DRUG ABUSE;
(B) IS AT RISK OF SERIOUS HARM OR DANGER TO HIMSELF OR HERSELF OR TO
ANOTHER PERSON;
(C) IS IN NEED OF DETAINMENT TO ENSURE HIS OR HER SAFETY OR THE SAFETY
OF ANOTHER PERSON OR TO FACILITATE THE YOUTH'S DETOXIFICATION AND
STABILIZATION; AND
(D) SHOULD BE EXAMINED BY A CREDENTIALED ALCOHOLISM AND SUBSTANCE
ABUSE COUNSELOR TO DETERMINE WHETHER OR NOT THE YOUTH SHOULD BE ADMITTED
TO A DETOXIFICATION FACILITY OR RECEIVE DETOXIFICATION AND STABILIZATION
SERVICES.
3. IF THE JUDGE IS SATISFIED ON REASONABLE GROUNDS THAT THE YOUTH
NAMED IN THE PETITION SHOULD BE EXAMINED BY A CREDENTIALED ALCOHOLISM
AND SUBSTANCE ABUSE COUNSELOR TO DETERMINE WHETHER OR NOT THE YOUTH
SHOULD BE ADMITTED TO A DETOXIFICATION FACILITY OR RECEIVE DETOXIFICA-
TION AND STABILIZATION SERVICES, THAT JUDGE MAY, AFTER MAKING ARRANGE-
MENTS WITH A CREDENTIALED ALCOHOLISM AND SUBSTANCE ABUSE COUNSELOR WHO
IS TO CONDUCT THE EXAMINATION, ISSUE A WARRANT IN THE PRESCRIBED FORM
TO:
(A) APPREHEND THE YOUTH NAMED IN THE WARRANT; AND
(B) CAUSE THE YOUTH TO BE TAKEN TO THE CREDENTIALED ALCOHOLISM AND
SUBSTANCE ABUSE COUNSELOR WHERE THE YOUTH MAY BE DETAINED AND MAY BE
EXAMINED BY THAT CREDENTIALED ALCOHOLISM AND SUBSTANCE ABUSE COUNSELOR.
4. NO PERSON SHALL FALSELY SWEAR OR AFFIRM ANY INFORMATION PURSUANT TO
THIS SECTION.
5. A WARRANT ISSUED PURSUANT TO SUBDIVISION THREE OF THIS SECTION
SHALL BE ACCOMPANIED BY WRITTEN REASONS FOR ITS ISSUANCE.
6. A COPY OF A WARRANT ISSUED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION AND THE WRITTEN REASONS ARE TO BE PROVIDED TO THE CREDENTIALED
ALCOHOLISM AND SUBSTANCE ABUSE COUNSELOR WHO EXAMINES THE YOUTH.
7. IF AN APPROVED APPLICANT SO REQUESTS, THE WARRANT MAY BE DIRECTED
TO AND EXECUTED BY THAT APPROVED APPLICANT.
8. IF THE WARRANT IS NOT DIRECTED TO AN APPROVED APPLICANT PURSUANT TO
SUBDIVISION SEVEN OF THIS SECTION THE WARRANT MUST BE DIRECTED TO AND
EXECUTED BY A POLICE OFFICER.
9. EVERY ASSESSED YOUTH:
(A) SHALL BE INFORMED OF THE REASON FOR HIS OR HER APPREHENSION OR
DETENTION; AND
(B) IS ENTITLED TO RECEIVE A COPY OF THE ORDER PURSUANT TO WHICH HE OR
SHE HAS BEEN APPREHENDED OR DETAINED.
10. A CREDENTIALED ALCOHOLISM AND SUBSTANCE ABUSE COUNSELOR SHALL
EXAMINE THE ASSESSED YOUTH:
(A) AS SOON AS IS REASONABLY PRACTICABLE; AND
(B) IN ALL CASES WITHIN TWENTY-FOUR HOURS OF THE YOUTH'S APPREHENSION.
11. NO YOUTH SHALL BE APPREHENDED PURSUANT TO A WARRANT ISSUED PURSU-
ANT TO SUBDIVISION THREE OF THIS SECTION MORE THAN SEVEN DAYS AFTER THE
DATE ON WHICH THE WARRANT WAS ISSUED.
12. AFTER AN EXAMINATION BY A CREDENTIALED ALCOHOLISM AND SUBSTANCE
ABUSE COUNSELOR, ALL OR ANY OF THE FOLLOWING MAY BE DONE:
A. 9523--B 3
(A) AN ARRANGEMENT FOR DETOXIFICATION AND STABILIZATION SERVICES MAY
BE MADE BY A YOUTH;
(B) A DETOXIFICATION ORDER MAY BE ISSUED PURSUANT TO SUBDIVISION THIR-
TEEN OF THIS SECTION WITH RESPECT TO THE ASSESSED YOUTH.
13. (A) AFTER CONDUCTING AN EXAMINATION OF AN ASSESSED YOUTH FOR THE
PURPOSES OF THIS SECTION AND IF THERE IS NO VOLUNTARY ARRANGEMENT MADE
BY THE ASSESSED YOUTH, A CREDENTIALED ALCOHOLISM AND SUBSTANCE ABUSE
COUNSELOR MAY RECOMMEND THE COURT ISSUE A DETOXIFICATION ORDER TO DETAIN
THE ASSESSED YOUTH IN A DETOXIFICATION FACILITY.
(B) A DETOXIFICATION ORDER MAY BE ISSUED ONLY IF THE CREDENTIALED
ALCOHOLISM AND SUBSTANCE ABUSE COUNSELOR IS OF THE OPINION THAT THE
ASSESSED YOUTH:
(I) IS SUFFERING FROM DRUG ADDICTION OR DRUG ABUSE AND REQUIRES
DETENTION TO FACILITATE DETOXIFICATION AND STABILIZATION;
(II) IS LIKELY TO CAUSE HARM TO HIMSELF OR HERSELF OR TO OTHER
PERSONS, OR TO SUFFER SUBSTANTIAL MENTAL OR PHYSICAL DETERIORATION, IF
HE OR SHE IS NOT DETAINED IN A DETOXIFICATION FACILITY; AND
(III) IS EITHER:
(1) UNABLE TO FULLY UNDERSTAND AND TO MAKE AN INFORMED DECISION
RESPECTING HIS OR HER NEED TO DETOXIFY OR STABILIZE; OR
(2) UNABLE OR UNWILLING TO TAKE STEPS TO BEGIN RECOVERY FROM DRUG
ADDICTION OR DRUG ABUSE OR TO REDUCE THE RISK OF HARM TO HIMSELF OR
HERSELF OR OTHER PERSONS;
14. (A) AN ASSESSED YOUTH, OR A PERSON ON BEHALF OF AN ASSESSED YOUTH,
MAY APPEAL THE DECISION OF THE COURT ISSUING THE WARRANT PURSUANT TO
SUBDIVISION THREE OF THIS SECTION OR THE DETOXIFICATION ORDER ISSUED BY
THE CREDENTIALED ALCOHOLISM AND SUBSTANCE ABUSE COUNSELOR WITHIN SEVEN
DAYS AFTER THE DATE OF THE DECISION OR WITHIN ANY LONGER PERIOD THAT THE
JUDGE MAY ALLOW.
(B) AN APPEAL PURSUANT TO THIS SECTION MAY BE MADE BY NOTICE OF
MOTION, AND THE NOTICE OF MOTION IS TO BE SERVED ON:
(I) THE COURT;
(II) THE PERSON IN CHARGE OF A DETOXIFICATION FACILITY IN WHICH THE
ASSESSED YOUTH IS DETAINED; AND
(III) ANY OTHER PERSONS THAT THE JUDGE MAY DIRECT.
(C) AN APPEAL PURSUANT TO THIS SECTION IS TO BE SUPPORTED BY AN AFFI-
DAVIT OF THE APPELLANT SETTING FORTH FULLY THE FACTS IN SUPPORT OF THE
APPEAL.
(D) IN ADDITION TO THE EVIDENCE ADDUCED BY THE APPELLANT, THE JUDGE
MAY DIRECT ANY FURTHER EVIDENCE TO BE GIVEN THAT THE JUDGE CONSIDERS
NECESSARY.
(E) THE JUDGE MAY CONFIRM OR REVERSE THE DECISION TO ISSUE A WARRANT
OR THE DETOXIFICATION ORDER RECOMMENDED BY THE CREDENTIALED ALCOHOLISM
AND SUBSTANCE ABUSE COUNSELOR AND MAY MAKE ANY ORDER THAT THE JUDGE
CONSIDERS NECESSARY TO GIVE EFFECT TO THE JUDGE'S DECISION.
S 3. Subparagraph (A) of paragraph 5 of subsection (l) of section 3221
of the insurance law, as amended by chapter 502 of the laws of 2007, is
amended to read as follows:
(A) 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 or coverage for physician
services shall provide as part of such policy broad-based coverage for
the diagnosis and treatment of mental, nervous or emotional disorders or
ailments, however defined in such policy, at least equal to the coverage
provided for other health conditions and:
A. 9523--B 4
(i) where the policy provides coverage for inpatient hospital care,
benefits for inpatient care in a hospital as defined by subdivision ten
of section 1.03 of the mental hygiene law, which benefits may be limited
to not less than thirty days of active treatment in any contract year,
plan year or calendar year, and benefits for outpatient care provided in
a facility issued an operating certificate by the commissioner of mental
health pursuant to the provisions of article thirty-one of the mental
hygiene law, or in a facility operated by the office of mental health,
which benefits may be limited to not less than twenty visits in any
contract year, plan year or calendar year. Benefits for partial hospi-
talization program services shall be provided as an offset to covered
inpatient days at a ratio of two partial hospitalization visits to one
inpatient day of treatment. BENEFITS REGARDING DETOXIFICATION AND REHA-
BILITATION CARE AND TREATMENT OF CHEMICAL ABUSE AND CHEMICAL DEPENDENCE
SHALL BE PROVIDED IN ACCORDANCE WITH PARAGRAPH SIX OF THIS SUBSECTION.
(ii) where the policy provides coverage for physician services, it
shall include benefits for outpatient care provided by a psychiatrist or
psychologist licensed to practice in this state, a licensed clinical
social worker who meets the requirements of subparagraph (D) of para-
graph four of this subsection, or a professional corporation or univer-
sity faculty practice corporation thereof[. Such benefits may be limited
to not less than twenty visits in any contract year, plan year, or
calendar year]; PROVIDED, HOWEVER, THAT BENEFITS REGARDING DETOXIFICA-
TION AND REHABILITATION CARE AND TREATMENT OF CHEMICAL ABUSE AND CHEMI-
CAL DEPENDENCE SHALL BE PROVIDED IN ACCORDANCE WITH PARAGRAPH SIX OF
THIS SUBSECTION.
(iii) Coverage required by this paragraph may be provided on a
contract year, plan year or calendar year basis and shall be consistent
with the provision of other benefits under the policy. Such coverage may
be subject to annual deductibles, co-pays and coinsurance as may be
deemed appropriate by the superintendent and shall be consistent with
those imposed on other benefits under the policy. In the event that a
policy provides coverage for both inpatient hospital care and physician
services, the aggregate of the benefits for outpatient care obtained
under this paragraph may be limited to not less than twenty visits in
any contract year, plan year or calendar year.
[(iv) In this paragraph, "active treatment" means treatment furnished
in conjunction with inpatient confinement for mental, nervous or
emotional disorders or ailments that meet standards prescribed pursuant
to the regulations of the commissioner of mental health.]
S 4. 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 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,] 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 chemical abuse shall mean and include alcohol and
substance abuse and chemical dependence shall mean and include alcohol-
ism 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 there-
after, except that this notice shall not be required where a policy
A. 9523--B 5
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] COVERAGE
PROVIDED FOR OTHER HEALTH CONDITIONS AND SHALL INCLUDE:
(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
benefits may not be limited to less than thirty days of] AND inpatient
care in [any calendar year] A HOSPITAL OR REHABILITATION FACILITY.
(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] SHALL provide AS
PART OF SUCH POLICY, coverage for [at least sixty] outpatient [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] AT BEST EQUAL TO THE COVERAGE PROVIDED FOR OTHER HEALTH CONDI-
TIONS. HOWEVER, 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 may be limited to facili-
ties in New York state certified by the office of alcoholism and
substance abuse services or licensed by such office as outpatient clin-
ics 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 treat-
ment 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 cover-
age provided by the policy. Except as otherwise provided in the applica-
ble 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
A. 9523--B 6
family member who is otherwise covered by the applicable policy or
contract pursuant to this section. The coverage required by this para-
graph 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 appli-
cable policy or contract pursuant to this section, and (ii)] is other-
wise entitled to coverage pursuant to this section and such family
members' applicable policy or contract.
S 5. Paragraphs 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:
(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 6. 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 7. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that this act shall apply to all policies and contracts issued, renewed,
modified, altered or amended on or after such effective date; and
provided further, however, that any rules and regulations necessary for
the implementation of the provisions of this act on its effective date
are authorized and directed to be promulgated on or before such date.