NY State Senate Bill 2009-S4370

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 17, 2010	print number 4370a
Mar 17, 2010	amend and recommit to mental health and developmental disabilities
Jan 06, 2010	referred to mental health and developmental disabilities
Apr 22, 2009	referred to mental health and developmental disabilities

Bill Amendments

Original

A (Active)

2009-S4370 - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §32.05, Ment Hyg L

2009-S4370 - Summary

Requires substance abuse recovery houses to obtain an operating certificate.

2009-S4370 - Sponsor Memo

                                 BILL NUMBER:  S4370

 TITLE OF BILL :

An act to amend the mental hygiene law, in relation to requiring
substance abuse recovery houses to obtain an operating certificate


 PURPOSE :

Requires substance abuse recovery houses to obtain an operating
certificate from the office of alcoholism and substance abuse
services.

 SUMMARY OF PROVISIONS :

Subdivision (a) of section 32.05 of the mental hygiene law is amended
by adding a new paragraph 4.

 JUSTIFICATION :

In recent years, substance abuse recovery houses have developed at an
alarming rate in Suffolk County. 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 facilities. 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 dependence. 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 dependence. The County of Suffolk believes that
substance abuse recovery houses 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. Applicants will have to demonstrate their financial
ability to operate a facility, as well as their ability to provide and
maintain a safe environment for the residents of these facilities.
Most importantly, the care and services received by these individuals
will be closely monitored 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.

 LEGISLATIVE HISTORY :
2001-02: A.6960/S.3945
2003-04: A.1334
2005-06: A.7465

 FISCAL IMPLICATIONS :

None.

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

2009-S4370 - Bill Text download pdf

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

                                  4370

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend  the  mental  hygiene  law,  in  relation  to  requiring
  substance abuse recovery houses to obtain an operating certificate

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

  Section 1. Subdivision (a) of section 32.05 of the mental hygiene  law
is amended by adding a new paragraph 4 to read as follows:
  4. OPERATION OF A SUBSTANCE ABUSE RECOVERY HOUSE, INCLUDING A RESIDEN-
TIAL  FACILITY  THAT  IS  OWNED,  OPERATED OR AFFILIATED WITH A LICENSED
TREATMENT PROVIDER AND THAT PROVIDES HOUSING TO AT LEAST THREE  INDIVID-
UALS RECOVERING FROM ALCOHOLISM OR SUBSTANCE ABUSE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10782-01-9

2009-S4370A (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §32.05, Ment Hyg L

2009-S4370A (ACTIVE) - Summary

Requires substance abuse recovery houses to obtain an operating certificate.

2009-S4370A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4370A

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


 PURPOSE :
Requires substance abuse recovery houses to obtain an operating
certificate from the office of alcoholism and substance abuse
services.

 SUMMARY OF 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 facilities. 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 dependence. 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 dependence. The County of Suffolk believes that
substance abuse recovery houses quality 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 fur operating a
recovery house. Applicants will have to demonstrate their financial
ability to operate a facility, as well as their ability to provide and
maintain a safe environment for the residents of these facilities.
Most importantly, the care and services received by these individuals
will be closely monitored 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.

 LEGISLATIVE HISTORY :


 FISCAL IMPLICATIONS :
None.

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

2009-S4370A (ACTIVE) - Bill Text download pdf

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

                                 4370--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- recommitted to the Committee on  Mental  Health
  and  Developmental Disabilities in accordance with Senate Rule 6, sec.
  8 -- committee discharged, bill amended, ordered reprinted as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  mental  hygiene  law,  in relation to requiring
  substance abuse recovery houses to obtain an operating certificate

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

  Section 1. Subdivision (a) of section 32.05 of the mental hygiene law,
as  added  by  chapter  558  of  the laws of 1999, is amended to read as
follows:
  (a) Except as provided in subdivision (b) of this section no  provider
of  services  shall engage in any of the following activities without an
operating certificate issued by the commissioner pursuant to this  arti-
cle:
  1. operation of a residential program, including a community residence
for  the  care, custody, or treatment of persons suffering from chemical
abuse or dependence; [provided, however, that giving domestic  care  and
comfort to a person in the home shall not constitute such an operation;]
  2.  operation  of  a  discrete  unit  of  a hospital or other facility
possessing an operating certificate pursuant to article twenty-eight  of
the  public  health law for the purpose of providing residential or non-
residential chemical dependence services; or
  3. operation of a program established or maintained by a  provider  of
services  for  the  rendition of out-patient or non-residential chemical
dependence services; provided, however, that such operation shall not be
deemed to include (i) professional  practice,  within  the  scope  of  a
professional license or certificate issued by an agency of the state, by
an  appropriately  licensed individual or by a partnership of such indi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10782-03-0

S. 4370--A                          2

viduals, or by a  professional  service  corporation  duly  incorporated
pursuant  to the business corporation law wherein all professionals bear
the same professional license, or a university faculty  practice  corpo-
ration duly incorporated pursuant to the not-for-profit corporation law,
unless  more  than  fifty percent of such practice by either such corpo-
ration consists of the rendering of  chemical  dependence  services;  or
(ii)  non-residential  services  which are chartered or issued a certif-
icate of incorporation pursuant to the education law; or (iii)  pastoral
counseling  by a clergyman or minister, including those defined as cler-
gyman or minister by section two of the religious corporations  law;  or
(iv) services which are exclusively prevention strategies and approaches
as defined in section 1.03 of this chapter.
  4.  COMMERCIAL OPERATION OF A SUBSTANCE ABUSE RECOVERY HOME, INCLUDING
BUT NOT LIMITED TO, A RESIDENTIAL FACILITY THAT IS  OWNED,  OPERATED  OR
AFFILIATED WITH A LICENSED TREATMENT PROVIDER.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S4370

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Actions

Bill Amendments

2009-S4370 - Details

2009-S4370 - Summary

2009-S4370 - Sponsor Memo

2009-S4370 - Bill Text download pdf

2009-S4370A (ACTIVE) - Details

2009-S4370A (ACTIVE) - Summary

2009-S4370A (ACTIVE) - Sponsor Memo

2009-S4370A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Actions

Bill Amendments

2009-S4370 - Details

2009-S4370 - Summary

2009-S4370 - Sponsor Memo

2009-S4370 - Bill Text download pdf

2009-S4370A (ACTIVE) - Details

2009-S4370A (ACTIVE) - Summary

2009-S4370A (ACTIVE) - Sponsor Memo

2009-S4370A (ACTIVE) - Bill Text download pdf

Comments