NY State Senate Bill 2009-S7632

Senate Bill S7632

2009-2010 Legislative Session

Adds representatives of a dual diagnosis program to the advisory council on alcoholism and substance abuse services

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2010	print number 7632a
Jun 18, 2010	amend and recommit to mental health and developmental disabilities
Apr 27, 2010	referred to mental health and developmental disabilities

Bill Amendments

Original

A (Active)

2009-S7632 - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.05, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:: S3251

2009-S7632 - Summary

Adds representatives of a dual diagnosis program to the advisory council on alcoholism and substance abuse services.

2009-S7632 - Sponsor Memo

                                 BILL NUMBER:  S7632

 TITLE OF BILL :
An act to amend the mental hygiene law, in relation to adding
representatives of a dual diagnosis program to the advisory council on
alcoholism and substance abuse services


 PURPOSE :
To add representatives of programs that provide services to
individuals diagnosed with a co-occurring mental health disorder or a,
developmental disability and a substance abuse disorder to the
advisory council of the Office of Alcoholism and Substance Abuse
Services (OASAS).

 SUMMARY OF PROVISIONS :
Section one amends section 19.05 of the Mental Hygiene law by
increasing the number of OASAS advisory council members from 26 to 28
and by adding two representatives of dual diagnosis programs to the
OASAS advisory council.

Section two provides the effective date.

 JUSTIFICATION :
According to a 2004 National Survey on Drug Use and Health (NSDUH),
2.5 million adults in the nation have a co-occurring serious mental

illness and substance abuse disorder. Studies have shown that between
40-60 percent of individuals presenting in mental health settings have
a co-occurring substance abuse diagnosis and 60-80 percent of
individuals presenting in a substance abuse facility have a
co-occurring mental health disorder. See Mueser, KT., Drake, RE.,
Turner, WC., & McGovern, MP. Comorbid Substance Use Disorders and
Psychiatric Disorders. In W.R.  Miller K.M. Carroll (Eds.). Rethinking
Substance Abuse: What the Science Shows, And What We Should Do About
It. (pp. 115,133. New York: Guilford Press. 2006. This bill requires
that co-occurring programs that provide integrated services are
represented in the OASAS advisory council to ensure that the needs of
co-occurring diagnosed consumers are adequately represented.

Additionally, alcoholism and substance abuse is a growing problem
among those with developmental disabilities. As deinstitutionalization
has occurred, many individuals with mild or moderate developmental
disabilities are now living within the general community Where access
to alcohol and drugs is greater. While integration in the community is
important, integration of alcohol and substance abuse treatment has
not kept pace with deinstitutionalization. This bill requires that
alcohol and substance abuse programs that serve consumers with
developmental disabilities have representation on the OASAS advisory
council to ensure that future OASAS planning include integrating
services of persons with a developmental disability.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
Not yet determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S7632 - Bill Text download pdf

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

                                  7632

                            I N  S E N A T E

                             April 27, 2010
                               ___________

Introduced  by  Sen. PERALTA -- 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 adding  represen-
  tatives  of  a dual diagnosis program to the advisory council on alco-
  holism and substance abuse services

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

  Section 1. Subdivision (a) of section 19.05 of the mental hygiene law,
as  amended  by  chapter  259 of the laws of 2008, is amended to read as
follows:
  (a) The council shall consist of the commissioner  of  alcoholism  and
substance  abuse services, or his or her designee who shall not have the
right to vote, the chairman of the conference of  local  mental  hygiene
directors  or his or her designee, and [twenty-six] TWENTY-EIGHT members
appointed by the governor by and with the  advice  and  consent  of  the
senate.  The  council  shall  include  at  least three members from each
appellate division. The governor shall designate one  of  the  appointed
members  of  the  council  as chair, who shall serve as such for a three
year term. The council shall elect a vice-chair, who shall serve as such
for a three year term. Membership shall be representative of the public,
shall have  broad  programmatic  and  geographic  representation,  shall
include  both  not-for-profit  and  proprietary alcoholism and substance
abuse providers of services, and shall include:
  (1) ten consumer representatives, including persons who are recovering
from alcohol and/or substance abuse or significant others of patients or
former patients or patient advocates, or representatives of advocacy and
prevention organizations;
  (2) ten representatives of providers of services to persons who  abuse
or  are  dependent  on  alcohol  and/or  substances or engage in problem
gambling, including but not limited to representatives of free  standing
inpatient  alcoholism  or substance abuse facilities, general hospitals,
residential facilities for persons who abuse or are dependent on alcohol
and/or substances, methadone maintenance programs, outpatient facilities

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

                                                           LBD16641-01-0

S. 7632                             2

for persons who abuse or are dependent on alcohol and/or substances, and
prevention and gambling programs, at least one of whom shall be a physi-
cian and not more than two shall represent  each  group  of  facilities;
[and]
  (3)  six  representatives  of  public and private payors of alcoholism
and/or substance abuse treatment including insurers,  hospital,  health,
and   medical  service  corporations  that  pay  for  alcoholism  and/or
substance abuse treatment, self-insured employee  benefit  plans,  union
welfare  fund  benefit  plans,  and  state and local government agencies
which pay for alcoholism or substance abuse treatment, at least  one  of
whom shall represent a hospital service corporation; AND
  (4) TWO REPRESENTATIVES OF A DUAL DIAGNOSIS PROGRAM OR SERVICE PROVID-
ER  WITH  ONE  MEMBER  REPRESENTING  A PROGRAM OR PROVIDER THAT SERVICES
CO-OCCURRING MENTAL HEALTH AND ALCOHOLISM OR SUBSTANCE ABUSE  DISORDERS,
AND  ONE  MEMBER REPRESENTING A PROGRAM OR PROVIDER THAT SERVICES CO-OC-
CURRING DEVELOPMENTAL DISABILITIES AND  ALCOHOLISM  OR  SUBSTANCE  ABUSE
DISORDERS.
  S 2. This act shall take effect immediately.

2009-S7632A (ACTIVE) - Details

Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.05, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:: S3251

2009-S7632A (ACTIVE) - Summary

Adds representatives of a dual diagnosis program to the advisory council on alcoholism and substance abuse services.

2009-S7632A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7632A

TITLE OF BILL:
An act to amend the mental hygiene law, in relation to adding
representatives of a dual diagnosis program to the advisory council on
alcoholism and substance abuse services

PURPOSE:
To add representatives as well as consumers of programs that provide
services to individuals diagnosed with a co-occurring mental health
disorder or a developmental disability and a substance abuse disorder
to the advisory council of the Office of Alcoholism and Substance
Abuse Services (OASAS).

SUMMARY OF PROVISIONS:  in 0 Section one amends section 19.05 of the
Mental Hygiene law by increasing the number of OASAS advisory council
members from 26 to 30 and by adding two representatives as well as two
consumers of dual diagnosis programs to the OASAS advisory council.

Section two provides the effective date.

JUSTIFICATION:
According to a 2004 National Survey on Drug Use and Health (NSDUH),
2.5 million adults in the nation have a co-occurring serious mental
illness and substance abuse disorder. Studies have shown that between
40-60 percent of individuals presenting in mental health settings have

a co-occurring substance abuse diagnosis and 60-80 percent of
individuals presenting in a substance abuse facility have a
co-occurring mental health disorder. See Mueser, KT., Drake, RE.,
Turner, We., & McGovern, MP. Comorbid Substance Use Disorders and
Psychiatric Disorders. In W.R.  Miller K.M. Carroll (Eds.). Rethinking
Substance Abuse: What the Science Shows, And What We Should Do About
It. (pp. 115,133. New York: Guilford Press. 2006. This bill requires
that co-occurring programs that provide integrated services are
represented in the OASAS advisory council to ensure that the needs of
co-occurring diagnosed consumers are adequately represented.

Additionally, alcoholism and substance abuse is a growing problem
among those with developmental disabilities. As deinstitutionalization
has occurred, many individuals with mild or moderate developmental
disabilities are now living within the general community Where access
to alcohol and drugs is greater. While integration in the community is
important integration of alcohol and substance abuse treatment has not
kept pace with deiustitutionalization. This bill requires that alcohol
and substance abuse programs as well as their consumers with
developmental disabilities have representation on the OASAS advisory
council to ensure that future 0ASAS planning include integrating
services of persons with a developmental disability.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:


This act shall take effect immediately.

2009-S7632A (ACTIVE) - Bill Text download pdf

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

                                 7632--A

                            I N  S E N A T E

                             April 27, 2010
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the mental hygiene law, in relation to adding represen-
  tatives of a dual diagnosis program to the advisory council  on  alco-
  holism and substance abuse services

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

  Section 1. Subdivision (a) of section 19.05 of the mental hygiene law,
as amended by chapter 259 of the laws of 2008, is  amended  to  read  as
follows:
  (a)  The  council  shall consist of the commissioner of alcoholism and
substance abuse services, or his or her designee who shall not have  the
right  to  vote,  the chairman of the conference of local mental hygiene
directors or his  or  her  designee,  and  [twenty-six]  THIRTY  members
appointed  by  the  governor  by  and with the advice and consent of the
senate. The council shall include  at  least  three  members  from  each
appellate  division.  The  governor shall designate one of the appointed
members of the council as chair, who shall serve as  such  for  a  three
year term. The council shall elect a vice-chair, who shall serve as such
for a three year term. Membership shall be representative of the public,
shall  have  broad  programmatic  and  geographic  representation, shall
include both not-for-profit and  proprietary  alcoholism  and  substance
abuse providers of services, and shall include:
  (1) ten consumer representatives, including persons who are recovering
from alcohol and/or substance abuse or significant others of patients or
former patients or patient advocates, or representatives of advocacy and
prevention organizations;
  (2)  ten representatives of providers of services to persons who abuse
or are dependent on alcohol  and/or  substances  or  engage  in  problem
gambling,  including but not limited to representatives of free standing
inpatient alcoholism or substance abuse facilities,  general  hospitals,
residential facilities for persons who abuse or are dependent on alcohol

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

                                                           LBD16641-03-0

S. 7632--A                          2

and/or substances, methadone maintenance programs, outpatient facilities
for persons who abuse or are dependent on alcohol and/or substances, and
prevention and gambling programs, at least one of whom shall be a physi-
cian  and  not  more  than two shall represent each group of facilities;
[and]
  (3) six representatives of public and  private  payors  of  alcoholism
and/or  substance  abuse treatment including insurers, hospital, health,
and  medical  service  corporations  that  pay  for  alcoholism   and/or
substance  abuse  treatment,  self-insured employee benefit plans, union
welfare fund benefit plans, and  state  and  local  government  agencies
which  pay  for alcoholism or substance abuse treatment, at least one of
whom shall represent a hospital service corporation;
  (4) TWO REPRESENTATIVES OF A DUAL DIAGNOSIS PROGRAM OR SERVICE PROVID-
ER WITH ONE MEMBER REPRESENTING A  PROGRAM  OR  PROVIDER  THAT  SERVICES
CO-OCCURRING  MENTAL HEALTH AND ALCOHOLISM OR SUBSTANCE ABUSE DISORDERS,
AND ONE MEMBER REPRESENTING A PROGRAM OR PROVIDER THAT  SERVICES  CO-OC-
CURRING  DEVELOPMENTAL  DISABILITIES  AND  ALCOHOLISM OR SUBSTANCE ABUSE
DISORDERS; AND
  (5) TWO CONSUMER REPRESENTATIVES WITH ONE MEMBER WHO IS A PERSON  WITH
A  CO-OCCURRING  MENTAL  HEALTH AND ALCOHOLISM OR SUBSTANCE ABUSE DISOR-
DERS, AND ONE MEMBER WHO IS A PERSON WITH A  CO-OCCURRING  DEVELOPMENTAL
DISABILITY AND AN ALCOHOLISM OR A SUBSTANCE ABUSE DISORDER.
  S 2. This act shall take effect immediately.

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