Senate Bill S5440A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5440--A
 
                        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  --  recommitted  to  the  Committee on Alcoholism and Substance
   Abuse  in  accordance  with  Senate  Rule  6,  sec.  8  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the mental hygiene law, in relation to establishing a
   council for treatment equity within the office of  addiction  services
   and supports
 
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04782-02-0

 S. 5440--A                          2
 
   (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
 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.  SIX  MEMBERS  SHALL  BE
 APPOINTED  BY  THE  GOVERNOR,  THREE  MEMBERS APPOINTED BY THE TEMPORARY
 PRESIDENT OF THE SENATE AND THREE MEMBERS APPOINTED BY  THE  SPEAKER  OF
 THE  ASSEMBLY. THE CHAIRPERSON OF THE BOARD SHALL BE THE COMMISSIONER OR
 THEIR DESIGNEE.
   (B) THE MEMBERS OF THE BOARD 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 TWO 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

 S. 5440--A                          3
 
 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 on the one hundred eightieth day after
 it shall have become a law.