The New York State Senate

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

                                  5440

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 1, 2019
                               ___________

Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism  and  Substance
  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

S. 5440                             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.