NY State Senate Bill 2009-S7255

Senate Bill S7255

Signed By Governor

2009-2010 Legislative Session

Defines the scope of responsibilities of the office of alcoholism and substance abuse services regarding recovery services

download bill text pdf

Archive: Last Bill Status Via A11034 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 30, 2010	signed chap.271
Jul 19, 2010	delivered to governor
Jun 30, 2010	returned to assembly passed senate 3rd reading cal.1338 substituted for s7255a
Jun 30, 2010	substituted by a11034a
Jun 29, 2010	ordered to third reading cal.1338
Jun 15, 2010	print number 7255a
Jun 15, 2010	amend (t) and recommit to rules reported and committed to rules
May 12, 2010	reported and committed to finance
Mar 25, 2010	referred to mental health and developmental disabilities

Votes

- Jun 30, 2010 - Floor Vote
  A11034
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 30, 2010
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jun 29, 2010 - Rules Committee Vote
  S7255
  
  21
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 29, 2010
      
      aye (21)
      
      Dilan
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Montgomery
      
      Padavan
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      nay (1)
      
      Parker
      
      aye wr (1)
      
      Duane
  Jun 15, 2010 - Finance Committee Vote
  S7255
  
  33
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 15, 2010
      
      aye (33)
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Larkin
      
      Leibell
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Seward
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
  May 12, 2010 - Committee Vote
  S7255
  
  10
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 12, 2010
      
      aye (10)
      
      Adams
      
      Breslin
      
      Duane
      
      Hannon
      
      Huntley
      
      Libous
      
      McDonald
      
      Montgomery
      
      Morahan
      
      Volker

Bill Amendments

Original

A (Active)

2009-S7255 - Details

Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§19.07, 19.09 & 32.09, Ment Hyg L

2009-S7255 - Summary

Defines the scope of responsibilities of the office of alcoholism and substance abuse services regarding recovery services, terms of operating certificates and the DWI provider list and permits local departments of social services to participate in the process of developing local services plans.

2009-S7255 - Sponsor Memo

                                 BILL NUMBER:  S7255

 TITLE OF BILL :

An act to amend the mental hygiene law, in relation to defining the
scope of responsibilities of the office of alcoholism and substance
abuse services regarding recovery services, terms of operating
certificates and the DWI provider list, and permitting local
departments of social services to participate in the process of
developing local services plans


 PURPOSE :

This bill would amend the Mental Hygiene Law (MHL) to: (1) clarify the
scope of responsibilities of the Office of Alcoholism and Substance
Abuse Services (OASAS); (2) clarify that OASAS' duty to develop a list
of qualified driving while intoxicated (DWI) assessment providers
includes the ability to revise such list by addition or removal of
providers and would grant persons aggrieved by an agency decision the
opportunity for an administrative review of such agency decision; (3)
permit the Commissioner of OASAS to issue operating certificates for a
maximum term of five years; and (4) permit the optional participation
of local social services districts in the development of county local
services or unified services plans.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would: (1) amend MHL § 19.07(a) and (c) to
clarify that "rehabilitation" includes programs for recovery
maintenance and relapse prevention; and (2) amend MHL § 19.07(g) to
clarify that OASAS' duty to maintain the list of capable and available
providers of chemical dependence assessment services includes removal
of persons deemed unqualified and allows any person aggrieved by a
decision involving their placement on the list the opportunity for an
administrative appeal.

Section 2 of the bill would amend MHL § 19.09(g) to clarify that
"rehabilitation" includes programs for recovery maintenance and
relapse prevention.

Section 3 of the bill would amend MHL § 32.09(c) to extend the maximum
term of an operating certificate from 3 to 5 years.

Section 4 of the bill would amend MHL § 41.16(a) and (c) to give
county commissioners of public welfare or other agents of departments
of social services the option of participating in the process of
planning local services or unified services plans.

Section 5 of the bill would make it effective 180 days after
enactment.

 EXISTING LAW :

MHL § 19.01 indicates the policy of the State is to "prevent relapse
and maintain recovery" of persons with the chronic disease of chemical
dependence but this terminology is not consistent throughout the
chapter.

MHL § 19.07 sets forth the responsibilities of OASAS.

MHL § 19.07(g) requires OASAS to maintain the statewide list of
capable and available providers of assessment services related to
drunk driving violations.


MHL § 32.09(c) authorizes the Commissioner of OASAS to grant operating
certificates for a maximum of 3 years.

MHL § 41.16 directs the participation of certain agencies and
stakeholders in the process of developing a local or unified services
plan for county provision of mental hygiene services; however local
departments of social services, as a major source of reimbursement for
many programs, are not currently among those specifically delineated.

 LEGISLATIVE HISTORY :

This is a new proposal.

 STATEMENT IN SUPPORT :

This bill would resolve ambiguities in current statutes that may
present obstacles to the agency's programmatic goals and regulatory
duties.

Clarifying the policy goal of recovery services as a facet of
rehabilitation will supports OASAS' programmatic goals of offering
residential or employment services to persons in a fragile state of
early recovery from chemical dependence.

Clarifying the agency's authority to revise and maintain the list of
DWI assessment providers enables OASAS to continually ensure the
capability of providers available for DWI screening for court
purposes. In addition, this bill would clarify that individuals who
may be aggrieved by OASAS' determination regarding such individuals'
placement on the list will be entitled to an administrative review of
such determinations.

Extending the maximum operating certificate term would offer provider
agencies an incentive to encourage high quality performance from its
certified providers. A longer term operating certificate would relieve
certain high performing providers of frequent time consuming reviews,
affording more time for patient contact. OASAS will still retain the
discretion to issue operating certificates for periods shorter than
five years.

Permitting local social services districts to participate in the
development of county local services or unified services plans gives
all stakeholders an opportunity for input and could address fiscal
concerns of providers and municipalities in that process.

 BUDGET IMPLICATIONS :

This bill would have no fiscal implications.

 EFFECTIVE DATE :
This bill would take effect 180 days after enactment.

2009-S7255 - Bill Text download pdf

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

                                  7255

                            I N  S E N A T E

                             March 25, 2010
                               ___________

Introduced  by  Sen.  MORAHAN -- (at request of the Office of Alcoholism
  and Substance Abuse Services) -- read twice and ordered  printed,  and
  when  printed  to  be  committed to the Committee on Mental Health and
  Developmental Disabilities

AN ACT to amend the mental hygiene law,  in  relation  to  defining  the
  scope  of  responsibilities  of the office of alcoholism and substance
  abuse services regarding recovery services, terms of operating certif-
  icates and the DWI provider list, and permitting local departments  of
  social  services  to  participate  in  the process of developing local
  services plans

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

  Section  1.  Subdivisions  (a),  (b),  and (g) of section 19.07 of the
mental hygiene law, subdivision (a) as amended by section 4 of part I of
chapter 58 of the laws of 2005, subdivision (b) as added by chapter  223
of  the  laws  of 1992, and subdivision (g) as amended by chapter 669 of
the laws of 2007, are amended to read as follows:
  (a) The office of alcoholism and substance abuse services  is  charged
with  the  responsibility  for assuring the development of comprehensive
plans, programs, and services in  the  areas  of  research,  prevention,
care, treatment, rehabilitation, INCLUDING RELAPSE PREVENTION AND RECOV-
ERY  MAINTENANCE,  education,  and  training of persons who abuse or are
dependent on alcohol and/or substances and their families.  Such  plans,
programs,  and  services  shall be developed with the cooperation of the
office, the other offices of the  department  where  appropriate,  local
governments,  consumers  and  community  organizations and entities. The
office shall provide appropriate  facilities  and  shall  encourage  the
provision  of facilities by local government and community organizations
and entities. The office  is  also  responsible  for  developing  plans,
programs   and   services  related  to  compulsive  gambling  education,
prevention and treatment consistent with section 41.57 of this chapter.
  (b) The office of alcoholism and substance abuse services shall advise
and assist the governor in improving services  and  developing  policies
designed  to  meet  the  needs  of persons who abuse or are dependent on

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

                                                           LBD15742-02-0

S. 7255                             2

alcohol and/or substances and their families,  and  to  encourage  their
rehabilitation, MAINTENANCE OF RECOVERY, and functioning in society.
  (g) The office of alcoholism and substance abuse services shall devel-
op,  REVISE  AND  MAINTAIN  a  list  of  the  names and locations of all
licensed agencies and alcohol  and  substance  abuse  professionals,  as
defined  in  paragraphs (a) and (b) of subdivision one of section eleven
hundred ninety-eight-a of the vehicle and traffic  law,  throughout  the
state  which  are  capable of and available to provide an assessment of,
and treatment for, alcohol and substance abuse and dependency. Such list
shall be provided to the chief administrator  of  the  office  of  court
administration  and the commissioner of motor vehicles.  PERSONS WHO MAY
BE AGGRIEVED BY AN AGENCY DECISION REGARDING INCLUSION ON THE  LIST  MAY
REQUEST  AN  ADMINISTRATIVE  APPEAL  IN  ACCORDANCE WITH RULES AND REGU-
LATIONS OF THE OFFICE.
  S 2. Subdivision (g) of section 19.09 of the mental  hygiene  law,  as
amended  by  chapter  558  of  the  laws  of 1999, is amended to read as
follows:
  (g) The commissioner shall establish and operate  chemical  dependence
programs, facilities, and services for the [prevention of chemical abuse
and  the  treatment and rehabilitation] PREVENTION, TREATMENT, AND REHA-
BILITATION, INCLUDING RELAPSE PREVENTION AND  RECOVERY  MAINTENANCE,  of
persons  who  abuse  or  are dependent on alcohol and/or substances, and
significant others not limited to the psychiatric  model  but  embodying
all recognized or promising approaches.
  S  3.  Subdivision  (c) of section 32.09 of the mental hygiene law, as
added by chapter 558 of the laws of 1999, is amended to read as follows:
  (c) Operating certificates shall be valid for  up  to  a  [three-year]
FIVE YEAR period as shall be expressly provided upon such certificate or
renewal thereof.
  S  4.  Subdivisions (a) and (c) of section 41.16 of the mental hygiene
law, subdivision (a) as added by chapter 978 of the  laws  of  1977  and
subdivision  (c)  as  amended  by section 2 of chapter 99 of the laws of
1999, are amended to read as follows:
  (a) Each of the offices of the department shall guide  and  facilitate
the  process  of  local  planning so that plans for the provision of all
services, including state and local services, can be formulated  on  the
basis of approved local plans and federal guidelines related to services
for  the  mentally  disabled  to  reflect  the distribution of needs and
resources of areas of the state. All providers  of  services,  including
facilities of the offices of the department, directors of hospital based
mental  health  services,  directors of community mental health centers,
and voluntary agencies shall participate  in  and  provide  information,
including budget data, for local planning processes.  COUNTY COMMISSION-
ERS OF PUBLIC WELFARE OR OTHER AGENTS OF THE LOCAL DEPARTMENTS OF SOCIAL
SERVICES MAY PARTICIPATE IN THE PLANNING PROCESS.
  (c) A local services plan or unified services plan shall be developed,
in  accordance with the regulations of the commissioner or commissioners
of the office or offices of the department having  jurisdiction  of  the
services  by the local governmental unit or units which shall direct and
administer a local comprehensive planning  process  for  its  geographic
area,  consistent with statewide goals and objectives established pursu-
ant to section 5.07 of this chapter. The planning process shall  involve
the  directors of any department facilities, directors of hospital based
mental health services, directors of community  mental  health  centers,
consumers,  consumer  groups,  voluntary  agencies,  other  providers of
services, and local correctional facilities  and  other  local  criminal

S. 7255                             3

justice  agencies.    COUNTY  COMMISSIONERS  OF  PUBLIC WELFARE OR OTHER
AGENTS OF THE LOCAL DEPARTMENTS OF SOCIAL SERVICES  MAY  PARTICIPATE  IN
THE  PLANNING  PROCESS.  The  local  governmental  unit, or units, shall
determine  the  proposed local services plan or unified services plan to
be submitted for approval. If any provider of services including facili-
ties in the department, or any representative of the consumer or  commu-
nity  interests  within the local planning process, disputes any element
of the proposed plan for the area which it serves, the  objection  shall
be  presented in writing to the director of the local governmental unit.
If such dispute cannot be resolved to the satisfaction of  all  parties,
the  director shall determine the plan to be submitted. If requested and
supplied by the objecting party, a written objection to the  plan  shall
be  appended  thereto and transmitted to the single agent of the depart-
ment jointly designated by the commissioners.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

2009-S7255A (ACTIVE) - Details

Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§19.07, 19.09 & 32.09, Ment Hyg L

2009-S7255A (ACTIVE) - Summary

2009-S7255A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7255A

TITLE OF BILL:

An act to amend the mental hygiene law, in relation to defining the
scope of responsibilities of the office of alcoholism and substance
abuse services regarding recovery services, terms of operating certif-
icates and the DWI provider list

PURPOSE:

This bill would amend the Mental Hygiene Law (MHL) to: (1) clarify the
scope of responsibilities of the Office of Alcoholism and Substance
Abuse Services (OASAS); (2) provide persons aggrieved by an agency deci-
sion regarding their inclusion on the DWI provider list the opportunity
for an administrative review of such agency decision; and (3) permit the
Commissioner of OASAS to issue operating certificates for a maximum term
of five years.

SUMMARY OF PROVISIONS:

Section 1 of the bill would: (1) amend MHL § 19.07(a) and (c) to clarify
that "rehabilitation" includes programs for recovery maintenance and
relapse prevention; and (2) amend MHL § 19.07(g) to allow any person
aggrieved by a decision involving their placement on the DWI provider
list the opportunity for an administrative appeal.

Section 2 of the bill would amend MHL § 19.09(g) to clarify that "reha-
bilitation" includes programs for recovery maintenance and relapse
prevention.

Section 3 of the bill would amend MHL § 32.09(c) to extend the maximum
term of an operating certificate from 3 to 5 years.

Section 4 of the bill would make it effective 180 days after enactment.

EXISTING LAW:

MHL § 19.01 indicates the policy of the State is to "prevent relapse and
maintain recovery" of persons with the chronic disease of chemical
dependence but this terminology is not consistent throughout the chap-
ter.

MHL § 19.07 sets forth the responsibilities of OASAS.

MHL § 19.07(g) requires OASAS to maintain the statewide list of capable
and available providers of assessment services related to drunk driving
violations.

MHL § 32.09(c) authorizes the Commissioner of OASAS to grant operating
certificates for a maximum of 3 years.

LEGISLATIVE HISTORY:

This is a new proposal.

STATEMENT IN SUPPORT:

This bill would resolve ambiguities in current statutes that may present
obstacles to the agency's programmatic goals and regulatory duties.

Clarifying the policy goal of recovery services as a facet of rehabili-
tation will supports OASAS' programmatic goals of offering residential
or employment services to persons in a fragile state of early recovery
from chemical dependence.

In addition, this bill would clarify that individuals who may be
aggrieved by OASAS' determination regarding such individuals' placement
on the DWI provider list will be entitled to an administrative review of
such determinations.

Extending the maximum operating certificate term would offer provider
agencies an incentive to encourage high quality performance from its
certified providers. A longer term operating certificate would relieve
certain high performing providers of frequent time consuming reviews,
affording more time for patient contact. OASAS will still retain the
discretion to issue operating certificates for periods shorter than five
years.

BUDGET IMPLICATIONS:

This bill would have no fiscal implications.

EFFECTIVE DATE:

This bill would take effect 180 days after enactment.

2009-S7255A (ACTIVE) - Bill Text download pdf

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

                                 7255--A

                            I N  S E N A T E

                             March 25, 2010
                               ___________

Introduced  by  Sen.  MORAHAN -- (at request of the Office of Alcoholism
  and Substance Abuse Services) -- read twice and ordered  printed,  and
  when  printed  to  be  committed to the Committee on Mental Health and
  Developmental Disabilities -- reported favorably from  said  committee
  and  committed  to the Committee on Finance -- reported favorably from
  said committee and committed to the Committee on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  mental hygiene law, in relation to defining the
  scope of responsibilities of the office of  alcoholism  and  substance
  abuse services regarding recovery services, terms of operating certif-
  icates and the DWI provider list

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

  Section 1. Subdivisions (a), (b), and (g)  of  section  19.07  of  the
mental hygiene law, subdivision (a) as amended by section 4 of part I of
chapter  58 of the laws of 2005, subdivision (b) as added by chapter 223
of the laws of 1992 and subdivision (g) as amended by chapter 669 of the
laws of 2007, are amended to read as follows:
  (a) The office of alcoholism and substance abuse services  is  charged
with  the  responsibility  for assuring the development of comprehensive
plans, programs, and services in  the  areas  of  research,  prevention,
care, treatment, rehabilitation, INCLUDING RELAPSE PREVENTION AND RECOV-
ERY  MAINTENANCE,  education,  and  training of persons who abuse or are
dependent on alcohol and/or substances and their families.  Such  plans,
programs,  and  services  shall be developed with the cooperation of the
office, the other offices of the  department  where  appropriate,  local
governments,  consumers  and  community  organizations and entities. The
office shall provide appropriate  facilities  and  shall  encourage  the
provision  of facilities by local government and community organizations
and entities. The office  is  also  responsible  for  developing  plans,
programs   and   services  related  to  compulsive  gambling  education,
prevention and treatment consistent with section 41.57 of this chapter.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15742-03-0

S. 7255--A                          2

  (b) The office of alcoholism and substance abuse services shall advise
and assist the governor in improving services  and  developing  policies
designed  to  meet  the  needs  of persons who abuse or are dependent on
alcohol and/or substances and their families,  and  to  encourage  their
rehabilitation, MAINTENANCE OF RECOVERY, and functioning in society.
  (g) The office of alcoholism and substance abuse services shall devel-
op  AND MAINTAIN a list of the names and locations of all licensed agen-
cies and alcohol and substance abuse professionals, as defined in  para-
graphs  (a)  and  (b)  of  subdivision  one  of  section  eleven hundred
ninety-eight-a of the vehicle and  traffic  law,  throughout  the  state
which  are  capable  of  and  available to provide an assessment of, and
treatment for, alcohol and substance abuse  and  dependency.  Such  list
shall  be  provided  to  the  chief administrator of the office of court
administration and the commissioner of motor vehicles.  PERSONS WHO  MAY
BE  AGGRIEVED  BY AN AGENCY DECISION REGARDING INCLUSION ON THE LIST MAY
REQUEST AN ADMINISTRATIVE APPEAL IN  ACCORDANCE  WITH  RULES  AND  REGU-
LATIONS OF THE OFFICE.
  S  2.  Subdivision  (g) of section 19.09 of the mental hygiene law, as
amended by chapter 558 of the laws  of  1999,  is  amended  to  read  as
follows:
  (g)  The  commissioner shall establish and operate chemical dependence
programs, facilities, and services for the [prevention of chemical abuse
and the treatment and rehabilitation] PREVENTION, TREATMENT,  AND  REHA-
BILITATION,  INCLUDING  RELAPSE  PREVENTION AND RECOVERY MAINTENANCE, of
persons who abuse or are dependent on  alcohol  and/or  substances,  and
significant  others  not  limited to the psychiatric model but embodying
all recognized or promising approaches.
  S 3. Subdivision (c) of section 32.09 of the mental  hygiene  law,  as
added by chapter 558 of the laws of 1999, is amended to read as follows:
  (c)  Operating  certificates  shall  be valid for up to a [three-year]
FIVE YEAR period as shall be expressly provided upon such certificate or
renewal thereof.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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