S T A T E O F N E W Y O R K
________________________________________________________________________
692
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. L. ROSENTHAL, JAFFEE -- read once and referred to
the Committee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to establishing a
council for treatment equity within the office of alcoholism and
substance abuse
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
19.45 to read as follows:
§ 19.45 THE COUNCIL FOR TREATMENT EQUITY.
1. DEFINITIONS. AS USED IN THIS SECTION:
(A) "COUNCIL" SHALL MEAN THE COUNCIL FOR TREATMENT EQUITY CREATED
PURSUANT TO THIS SECTION WHICH SHALL CONSIST OF A FULL TIME DIRECTOR AND
ANY ADDITIONAL FULL OR PART TIME STAFF THE COMMISSIONER DEEMS NECESSARY
TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
(B) "TREATMENT EQUITY ADVISORY BOARD" SHALL MEAN THE ADVISORY BOARD TO
THE COUNCIL, CREATED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
(C) "VULNERABLE POPULATIONS" SHALL MEAN THOSE WHO HAVE EXPERIENCED
INJUSTICES AND DISADVANTAGES AS A RESULT OF THEIR RACE, ETHNICITY, SEXU-
AL ORIENTATION, GENDER IDENTITY, DISABILITY STATUS, AGE, SOCIOECONOMIC
STATUS AND/OR ANY OTHER STATUS WHICH HAS CAUSED A PERSON TO EXPERIENCE
INJUSTICES AND DISADVANTAGES.
(D) "RACIALLY AND ETHNICALLY DIVERSE AREAS" SHALL MEAN COUNTIES WHERE
THE NON-WHITE POPULATION IS FORTY PERCENT OR MORE OR THE SERVICE AREA OF
AN AGENCY, CORPORATION, FACILITY OR INDIVIDUAL PROVIDING SUBSTANCE USE
DISORDER SERVICES WHERE THE NON-WHITE POPULATION OF SAID AREA IS FORTY
PERCENT OR MORE.
(E) "PROVIDER OF SERVICES" SHALL MEAN ANY AGENCY, CORPORATION, FACILI-
TY OR INDIVIDUAL PROVIDING SUBSTANCE USE DISORDER SERVICES TO VULNERABLE
POPULATIONS.
(F) "TREATMENT DISPARITIES" SHALL MEAN MEASURABLE DIFFERENCES IN
ACCESS TO AND QUALITY OF SUBSTANCE USE DISORDER SERVICES AS DETERMINED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04782-01-9
A. 692 2
BY RACE, ETHNICITY, SEXUAL ORIENTATION, GENDER IDENTITY, DISABILITY
STATUS, AGE AND SOCIOECONOMIC STATUS.
(G) "TREATMENT EQUITY" SHALL MEAN ACHIEVING THE HIGHEST LEVEL OF
SUBSTANCE USE DISORDER SERVICES FOR ALL PEOPLE AND SHALL ENTAIL FOCUSED
EFFORTS TO ADDRESS AVOIDABLE INEQUALITIES BY EQUALIZING THOSE CONDITIONS
FOR SUBSTANCE USE DISORDER SERVICES FOR THOSE THAT HAVE EXPERIENCED
INJUSTICES AND SOCIOECONOMIC DISADVANTAGES.
2. THE COUNCIL FOR TREATMENT EQUITY. THERE IS HEREBY CREATED A COUNCIL
FOR TREATMENT EQUITY. THE COUNCIL, IN CONJUNCTION WITH THE TREATMENT
EQUITY ADVISORY BOARD, SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
(A) WORK COLLABORATIVELY WITH THE OFFICE, OTHER RELEVANT STATE AGEN-
CIES AND AFFECTED STAKEHOLDERS, INCLUDING, BUT NOT LIMITED TO, PROVIDERS
AND REPRESENTATIVES OF VULNERABLE POPULATIONS, IN ORDER TO SET PRIORI-
TIES TO ACHIEVE TREATMENT EQUITY IN BOTH RACIAL AND ETHNICALLY DIVERSE
AREAS AND FOR VULNERABLE POPULATIONS THROUGHOUT THE STATE;
(B) ANALYZE COLLECTED DATA TO DETERMINE THE CAUSES OF TREATMENT
DISPARITIES IN BOTH RACIALLY AND ETHNICALLY DIVERSE AREAS AND FOR
VULNERABLE POPULATIONS THROUGHOUT THE STATE, INCLUDING ANY ECONOMIC,
PHYSICAL, SOCIAL OR CULTURAL BARRIERS;
(C) DEVELOP AND IMPLEMENT STRATEGIES AIMED AT ACHIEVING TREATMENT
EQUITY IN RACIALLY AND ETHNICALLY DIVERSE AREAS AND AMONG VULNERABLE
POPULATIONS;
(D) PROMOTE COMMUNITY INVOLVEMENT BY CONDUCTING PROMOTIONAL AND EDUCA-
TIONAL OUTREACH PROGRAMS REGARDING SUBSTANCE USE DISORDERS AND AVAILABLE
SERVICES; AND
(E) REVIEW THE IMPACT OF CURRENT LAWS, RULES, REGULATIONS, POLICIES
AND PROGRAMS THAT MAY BE AFFECTING THE ABILITY TO ACHIEVE TREATMENT
EQUITY.
3. THE TREATMENT EQUITY ADVISORY BOARD. (A) THE TREATMENT EQUITY ADVI-
SORY BOARD SHALL CONSIST OF TWELVE MEMBERS. ALL MEMBERS SHALL BE
APPOINTED BY THE GOVERNOR, WITH THREE MEMBERS APPOINTED UPON RECOMMENDA-
TION FROM THE TEMPORARY PRESIDENT OF THE SENATE AND THREE MEMBERS
APPOINTED UPON RECOMMENDATION FROM THE SPEAKER OF THE ASSEMBLY. THE
CHAIRPERSON OF THE COUNCIL SHALL BE THE COMMISSIONER OR THEIR DESIGNEE.
(B) THE MEMBERS OF THE COUNCIL SHALL BE FROM THE COMMUNITY WITH EXPER-
TISE IN CONDUCTING SUBSTANCE USE DISORDER SERVICES. IN MAKING SUCH
APPOINTMENTS, DUE CONSIDERATION SHALL BE GIVEN TO ENSURING ADEQUATE
GEOGRAPHIC REPRESENTATION.
(C) THE TERM OF OFFICE FOR EACH MEMBER OF THE TREATMENT EQUITY ADVI-
SORY BOARD SHALL BE SIX YEARS. VACANCIES IN THE TREATMENT EQUITY ADVI-
SORY BOARD, OTHER THAN BY EXPIRATION OF A TERM, SHALL BE FILLED FOR THE
REMAINDER OF THE UNEXPIRED TERM IN THE SAME MANNER AS ORIGINAL APPOINT-
MENTS.
(D) THE MEMBERS OF THE TREATMENT EQUITY ADVISORY BOARD SHALL RECEIVE
NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE REIMBURSED FOR ALL
EXPENSES ACTUALLY AND NECESSARILY INCURRED BY THEM IN THE PERFORMANCE OF
THEIR DUTIES UNDER THIS SECTION WITHIN THE AMOUNT MADE AVAILABLE BY
APPROPRIATION THEREFOR.
4. REPORT. THE COUNCIL SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY NO
LATER THAN ONE YEAR SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION AND
ANNUALLY THEREAFTER, SETTING FORTH THE FINDINGS, RECOMMENDATIONS AND
ACTIVITIES OF THE COUNCIL ON MATTERS WITHIN THE SCOPE OF ITS POWERS AND
DUTIES AS SET FORTH IN THIS SECTION.
§ 2. This act shall take effect immediately.