S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9523--A

                          I N  A S S E M B L Y

                            January 11, 2010
                               ___________

Introduced by M. of A. FIELDS -- read once and referred 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; 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
S 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;
  (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.
  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;

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

                                                           LBD15278-04-0

A. 9523--A                          2

  (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) 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.

A. 9523--A                          3

  (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:
  (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-

A. 9523--A                          4

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
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

A. 9523--A                          5

  (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
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.

A. 9523--A                          6

  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.

                            
                    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.