S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3333
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Alcoholism and Drug Abuse
 
 AN ACT to amend the mental hygiene law, in relation to community  opioid
   rehabilitation  program  services  act; and to amend the state finance
   law, in relation to establishing the opioid dependency services fund

   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 as the "community opioid rehabili-
 tation program services act".
   § 2. Legislative findings. The legislature finds that New  York  state
 is experiencing a shocking increase in opioid use in both its street and
 prescription  forms.  Heroin,  in  particular,  is  emerging as a public
 health concern in every community, but its rise is  especially  alarming
 in  the  state's  smaller urban, suburban and rural areas. The increased
 incidence of heroin use largely involves young people who have turned to
 the drug, because of its relatively low cost and high accessibility,  in
 light  of  recent efforts to curb accessibility to prescription opioids.
 Horrifying stories of opioid addiction, drug availability and use in our
 schools, as well as family tragedy in which a promising young  life  has
 ended  with  overdose,  are becoming far too commonplace.  Rising arrest
 rates of low-level dealers and addicts, often  taking  place  in  public
 areas  like  suburban mall parking lots, are further indication that the
 resurrection of this drug more commonly associated with  street  culture
 has permeated all sectors of society.
   In  addition,  the legislature finds that the extent of the problem is
 widely recognized by professionals from all points on the front line  as
 an emerging and significant public health issue.
   The  legislature  further  finds that significant savings will come to
 the taxpayers of  New  York  through  the  elimination  of  prison  beds
 throughout  the state as the prison population declines, due in no small
 measure to reforms of drug laws enacted in the nineteen seventies. While

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

                                                            LBD07363-01-9

 A. 3333                             2
 
 there were more than 24,000 drug offenders in the state's  prison  popu-
 lation at the end of 1996, that number had diminished to less than 6,700
 at  the end of 2013. In its plan to consolidate with the closure of four
 facilities  during  the  2014-15  state  fiscal  year, the department of
 corrections and community supervision estimates an annual savings to the
 state's taxpayers of approximately $30 million.
   Finally, the legislature finds that the savings from  the  closure  of
 prison  facilities which, by the department of corrections and community
 supervision's own estimate, is due largely to the diminishing sector  of
 the  prison population incarcerated for drug-related offenses, should be
 directed to community programs designed to address  the  growing  public
 health epidemic of heroin and opiate addiction.
   § 3. Section 1.03 of the mental hygiene law is amended by adding a new
 subdivision 59 to read as follows:
   59.  "COMMUNITY  OPIOID  REHABILITATION  PROGRAM  SERVICES" SHALL MEAN
 PROGRAMS AND SERVICES PROVIDED FOR THE  CARE,  TREATMENT  AND  REHABILI-
 TATION  OF THOSE PERSONS WHO ARE DEPENDENT ON OPIOID SUBSTANCES, INCLUD-
 ING BUT NOT LIMITED TO:
   (A) EMERGENCY AND CRISIS SERVICES  PROVIDED  IN  A  PROGRAM  LICENSED,
 CERTIFIED, OPERATED, OR FUNDED BY THE OFFICE;
   (B) CASE MANAGEMENT AND INTENSIVE CASE MANAGEMENT SERVICES;
   (C)  OUTPATIENT  SERVICES WHICH PROVIDE AN ADEQUATE LEVEL OF TREATMENT
 AND REHABILITATION AS DETERMINED BY A  LICENSED  TREATMENT  PROFESSIONAL
 PROVIDED  IN  A  PROGRAM  LICENSED, CERTIFIED, OPERATED OR FUNDED BY THE
 OFFICE;
   (D) RESIDENTIAL SERVICES, OTHER THAN INPATIENT SERVICES,  PROVIDED  IN
 PROGRAMS  LICENSED,  CERTIFIED,  OPERATED OR FUNDED BY THE OFFICE, WHICH
 MAY INCLUDE, BUT ARE NOT LIMITED TO, COMMUNITY  RESIDENCES,  RESIDENTIAL
 CARE  CENTERS  FOR  ADULTS,  FAMILY  CARE  HOMES,  CRISIS  RESIDENCE  OR
 SUPPORTED HOUSING;
   (E) OTHER SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, PSYCHIATRIC
 REHABILITATION, CLIENT ADVOCACY, SUPPORTED  EMPLOYMENT,  CONSUMER  SELF-
 HELP,  FAMILY  SUPPORT, PEER SUPPORT AND VOCATIONAL TRAINING AS APPROVED
 BY THE OFFICE;
   (F) ANY OTHER SERVICES THAT MEET THE NEEDS OF THOSE  PERSONS  WHO  ARE
 DEPENDENT ON OPIOID SUBSTANCES;
   (G)  PREVENTIVE  PROGRAMS  AND PREVENTION SERVICES DESIGNED TO EDUCATE
 THE GENERAL PUBLIC ON THE DANGERS OF GENERAL OPIOID AND HEROIN ABUSE AND
 ADDICTION INCLUDING, BUT NOT LIMITED TO THE RISKS TO HEALTH AND  QUALITY
 OF  LIFE;  THE TOLL OPIOID ADDICTION TAKES ON FAMILY MEMBERS; THE FINAN-
 CIAL COSTS ASSOCIATED WITH OPIOID ADDICTION; AND RECOGNIZING  THE  SIGNS
 OF OPIOID DEPENDENCY.
   §  4.  Section  19.09 of the mental hygiene law is amended by adding a
 new subdivision (k) to read as follows:
   (K) THE COMMISSIONER OF MENTAL HEALTH SHALL, IN COOPERATION  WITH  THE
 COMMISSIONER  OF HEALTH AND THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM
 AND SUBSTANCE ABUSE SERVICES, PROMOTE, ESTABLISH,  DEVELOP,  COORDINATE,
 EVALUATE,  AND  CONDUCT  PROGRAMS AND SERVICES OF PREVENTION, DIAGNOSIS,
 EXAMINATION, CARE, TREATMENT, AND  REHABILITATION  FOR  THE  BENEFIT  OF
 PERSONS WHO ARE DEPENDENT ON OPIOID SUBSTANCES AND THEIR FAMILIES.  SUCH
 PROGRAMS  SHALL  INCLUDE  BUT  NOT  BE LIMITED TO INPATIENT, OUTPATIENT,
 PARTIAL HOSPITALIZATION, DAY CARE, EMERGENCY, REHABILITATIVE,  COMMUNITY
 OPIOID  REHABILITATION  PROGRAMMATIC SERVICES, PURSUANT TO SECTION 41.59
 OF THIS CHAPTER AND OTHER APPROPRIATE TREATMENTS AND SERVICES. HE OR SHE
 SHALL TAKE ALL ACTIONS THAT  ARE  NECESSARY,  DESIRABLE,  OR  PROPER  TO
 IMPLEMENT THE PURPOSES OF THIS CHAPTER AND TO CARRY OUT THE PURPOSES AND

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 OBJECTIVES  OF THE DEPARTMENT WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR
 BY APPROPRIATION, GRANT, GIFT, DEVISE, BEQUEST, OR ALLOCATION  FROM  THE
 OPIOID  DEPENDENCY SERVICES FUND ESTABLISHED UNDER SECTION NINETY-SEVEN-
 SSSS OF THE STATE FINANCE LAW.
   §  5.  Subdivision  (a)  of section 41.13 of the mental hygiene law is
 amended by adding a new paragraph 17 to read as follows:
   17. THE OFFICE OF MENTAL HEALTH  AND  THE  OFFICE  OF  ALCOHOLISM  AND
 SUBSTANCE  ABUSE  SERVICES  SHALL  ALSO  BE RESPONSIBLE FOR SUCH PROGRAM
 DEVELOPMENT RELATING TO  COMMUNITY  OPIOID  REHABILITATION  PROGRAMMATIC
 SERVICES  IN  AREAS WHERE THE RESPONSIBLE LOCAL GOVERNMENT UNIT DOES NOT
 RECEIVE A GRANT OF STATE AID SPECIFICALLY FOR  THE  PURPOSE  OF  FUNDING
 COMMUNITY  OPIOID  REHABILITATION PROGRAMMATIC SERVICES PURSUANT TO THIS
 CHAPTER.
   § 6. The mental hygiene law is amended by adding a new  section  41.59
 to read as follows:
 § 41.59 COMMUNITY OPIOID REHABILITATION PROGRAM.
   (A)  COMMUNITY  OPIOID  REHABILITATION PROGRAM FUNDS SHALL BE ANNUALLY
 ALLOCATED BY THE COMMISSIONER BASED UPON THE FOLLOWING CRITERIA:
   1. THE EFFICIENCY AND EFFECTIVENESS OF THE USE OF FUNDING  WITHIN  THE
 LOCAL  GOVERNMENTAL UNIT FOR THE DELIVERY OF SERVICES TO PERSONS WHO ARE
 DEPENDENT ON OPIOID SUBSTANCES IN ORDER TO ASSURE THAT  RESOURCES    ARE
 MADE  AVAILABLE  TO  FUND  OPIOID  REHABILITATION  SERVICES  TO  PERSONS
 DISCHARGED INTO THE COMMUNITY; AND
   2. OTHER RELEVANT FACTORS THAT REQUIRE  THE  MAINTENANCE  OF  EXISTING
 OPIOID  DEPENDENCY SERVICES AND THE DEVELOPMENT OF NEW OPIOID DEPENDENCY
 SERVICES.
   (B) AMOUNTS PROVIDED PURSUANT TO THIS SECTION SHALL ONLY  BE  USED  TO
 FUND  OPIOID  REHABILITATION  SERVICES,  MENTAL HEALTH WORKFORCE RELATED
 ACTIVITIES, INCLUDING RECRUITMENT AND RETENTION INITIATIVES AND TRAINING
 PROGRAMS, AND OTHER GENERAL PROGRAMMATIC ACTIVITIES  TO  HELP  ENSURE  A
 STABLE  MENTAL  HEALTH  SYSTEM. SUCH GRANTS AND OTHER FUNDS SHALL NOT BE
 USED FOR CAPITAL COSTS ASSOCIATED  WITH  THE  DEVELOPMENT  OF  COMMUNITY
 CORRECTIONS REINVESTMENT SERVICES.
   (C)  PRIOR  TO  ENTERING  INTO CONTRACTS FOR THE PROVISION OF SERVICES
 FUNDED PURSUANT TO THIS SECTION, THE OFFICE OF  MENTAL  HEALTH  AND  ANY
 LOCAL  GOVERNMENTAL UNIT RECEIVING SUCH FUNDS SHALL CONSIDER THE FOLLOW-
 ING:
   1. THE SERVICE NEEDS OF PERSONS WITH OPIOID  SUBSTANCE  DEPENDENCY  IN
 THE  GEOGRAPHICAL  AREA IN WHICH THE OPIOID REHABILITATION PROGRAM OPER-
 ATES;
   2. THE CAPACITY OF THE PROGRAM TO MEET IDENTIFIED  SERVICE  NEEDS  AND
 SPECIFIED  PERFORMANCE STANDARDS RELATED TO ACCESS, ADMISSION, REFERRAL,
 AND SERVICE COORDINATION AND DELIVERY;
   3. THE EXTENT TO WHICH OPIOID REHABILITATION  SERVICES  AUTHORIZED  BY
 THE  CONTRACT  ARE  CONSISTENT AND INTEGRATED WITH THE PLAN PREPARED AND
 APPROVED PURSUANT TO THIS ARTICLE; AND
   4. THE RELIABILITY AND  CAPABILITY  OF  THE  PROVIDER,  INCLUDING  ITS
 EXPERTISE,  PRIOR EXPERIENCE, FINANCIAL RESPONSIBILITY, RECORD OF ADHER-
 ENCE TO LAW, RECORD OF PROVIDING QUALITY CARE AND SERVICES, AND  ABILITY
 TO DELIVER APPROPRIATE SERVICES IN A COST-EFFECTIVE AND EFFICIENT MANNER
 TO PERSONS WITH OPIOID SUBSTANCE DEPENDENCY. THE COMMISSIONER IS AUTHOR-
 IZED  TO  PROMULGATE  REGULATIONS TO ESTABLISH MINIMUM CONTRACTUAL OBLI-
 GATIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
   (D) THE COMMISSIONER IS AUTHORIZED AND EMPOWERED TO  MAKE  INSPECTIONS
 AND  EXAMINE  RECORDS  OF  A LOCAL GOVERNMENTAL UNIT RECEIVING STATE AID
 UNDER THIS SECTION. SUCH EXAMINATION SHALL INCLUDE ALL MEDICAL,  SERVICE

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 AND  FINANCIAL  RECORDS,  RECEIPTS,  DISBURSEMENTS, CONTRACTS, LOANS AND
 OTHER MONEYS RELATING TO THE FINANCIAL OPERATION OF THE PROVIDER.
   (E)  FOR  PURPOSES OF THIS SECTION, THE TERM "STATE OPERATIONS GENERAL
 FUND" SHALL MEAN THE OFFICE OF MENTAL HEALTH  STATE  OPERATIONS  GENERAL
 FUND  APPROPRIATIONS  BEFORE  ANY OFFSET FROM THE SPECIAL REVENUE FUNDS,
 OTHER MISCELLANEOUS SPECIAL  REVENUE  FUND  OR  MENTAL  HYGIENE  PATIENT
 INCOME ACCOUNT.
   §  7. The state finance law is amended by adding a new section 97-ssss
 to read as follows:
   § 97-SSSS.  OPIOID DEPENDENCY SERVICES FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE  COMMISSIONER  OF
 TAXATION  AND  FINANCE  A  DEBT  SERVICE FUND TO BE KNOWN AS THE "OPIOID
 DEPENDENCY SERVICES FUND".
   2. THE OPIOID DEPENDENCY SERVICES FUND SHALL  CONSIST  OF  THE  ANNUAL
 SAVINGS  FROM  THE  DOWNSIZING  OF  FACILITIES  UNDER  THE DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION, AS DETERMINED IN THE ANNUAL BUDG-
 ET AND SHALL INCLUDE THE AMOUNT OF ACTUAL STATE OPERATIONS GENERAL  FUND
 APPROPRIATION  REDUCTIONS,  INCLUDING PERSONAL SERVICE SAVINGS AND OTHER
 THAN PERSONAL SERVICE SAVINGS DIRECTLY ATTRIBUTED TO CORRECTIONAL FACIL-
 ITY CLOSURES. THE METHODOLOGIES USED TO CALCULATE  THE  CLOSURE  SAVINGS
 SHALL  BE  DEVELOPED BY THE COMMISSIONER OF TAXATION AND FINANCE AND THE
 DIRECTOR OF THE BUDGET. THE ANNUAL APPROPRIATION TO THE OPIOID DEPENDEN-
 CY SERVICES FUND SHALL AT NO TIME BE LESS THAN THIRTY  MILLION  DOLLARS.
 IN  THE  EVENT THAT TWENTY PERCENT OF THE ANNUAL SAVINGS FROM DOWNSIZING
 IS LESS THAN THIRTY MILLION DOLLARS, APPROPRIATION FROM THE STATE  OPER-
 ATIONS GENERAL FUND SHALL MAKE UP THE SHORTFALL.
   3.  MONEYS  IN THE OPIOID DEPENDENCY SERVICES FUND SHALL BE KEPT SEPA-
 RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
 THE COMPTROLLER. ALL DEPOSITS OF SUCH MONEYS SHALL BE SECURED  BY  OBLI-
 GATIONS  OF  THE  UNITED STATES OR OF THE STATE OF MARKET VALUE EQUAL AT
 ALL TIMES TO THE AMOUNT OF THE DEPOSIT AND ALL BANKS AND TRUST COMPANIES
 ARE AUTHORIZED TO GIVE SUCH SECURITIES FOR SUCH DEPOSITS.
   4. ANY MONEYS IN THE OPIOID DEPENDENCY SERVICES FUND MAY  BE  INVESTED
 BY  THE  COMPTROLLER IN OBLIGATIONS OF THE UNITED STATES OR THE STATE OR
 OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE  GUARANTEED  BY  THE
 UNITED STATES OR THE STATE.
   § 8. This act shall take effect immediately.