S T A T E O F N E W Y O R K
________________________________________________________________________
7613--A
2021-2022 Regular Sessions
I N A S S E M B L Y
May 19, 2021
___________
Introduced by M. of A. STECK, GRIFFIN, ENGLEBRIGHT -- read once and
referred to the Committee on Alcoholism and Drug Abuse -- recommitted
to the Committee on Ways and Means in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to providing for
requirements for recovery living residences
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 38 of section 1.03 of the mental hygiene law,
as amended by chapter 281 of the laws of 2019, is amended and a new
subdivision 59 is added to read as follows:
38. "Residential services facility" or "Alcoholism community resi-
dence" means any facility licensed or operated pursuant to article thir-
ty-two of this chapter which provides residential services for the
treatment of an addiction disorder and a homelike environment, including
room, board and responsible supervision as part of an overall service
delivery system. PROVIDED HOWEVER, "RECOVERY LIVING RESIDENCE" AS
DEFINED IN SUBDIVISION FIFTY-NINE OF THIS SECTION SHALL NOT BE CONSID-
ERED A RESIDENTIAL SERVICES FACILITY FOR THE PURPOSES OF THIS CHAPTER.
59. "RECOVERY LIVING RESIDENCE" MEANS ANY SHARED RESIDENCE IN THE
STATE THAT HAS BEEN CERTIFIED BY THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS AND MEETS CRITERIA ESTABLISHED PURSUANT TO SECTION 32.05-A OF
THIS CHAPTER, WHERE THE OWNER OR OPERATOR PROVIDES A SUPPORTIVE LIVING
ARRANGEMENT FOR INDIVIDUALS RECOVERING FROM A SUBSTANCE USE DISORDER.
§ 2. The mental hygiene law is amended by adding a new section 32.05-a
to read as follows:
§ 32.05-A CERTIFICATION OF RECOVERY LIVING RESIDENCES.
1. NO PERSON OR ENTITY MAY PURPORT TO OPERATE A RECOVERY LIVING RESI-
DENCE EXCEPT UPON COMPLIANCE WITH THE REGULATIONS PROMULGATED PURSUANT
TO THIS SECTION. ANY PERSON OR ENTITY SHALL BE CONSIDERED PURPORTING TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11510-02-2
A. 7613--A 2
OPERATE A RECOVERY LIVING RESIDENCE, REGARDLESS OF WHETHER SUCH PERSON
OR ENTITY IS OFFERING ONSITE RECOVERY SERVICES, SO LONG AS SUCH PERSON
OR ENTITY HOLDS ITSELF OUT AS A PLACE WHERE AN INDIVIDUAL REASONABLY
BELIEVES SUCH PERSON OR ENTITY IS PROVIDING RECOVERY SERVICES AND/OR A
SOBER ENVIRONMENT.
2. THE COMMISSIONER SHALL PROMULGATE REGULATIONS CONSISTENT WITH THIS
SECTION FOR THE PURPOSE OF CERTIFYING RECOVERY LIVING RESIDENCES.
RECOVERY LIVING RESIDENCES SHALL PROVIDE A SUPPORTIVE HOME LIKE LIVING
ENVIRONMENT FOR INDIVIDUALS RECOVERING FROM A SUBSTANCE USE DISORDER.
3. SUCH REGULATIONS SHALL BE EVIDENCE-BASED, UTILIZING INFORMATION
FROM SOURCES WITH EXPERTISE IN TREATMENT AND RECOVERY, WITH A FOCUS ON
APPROPRIATE SETTINGS AND ACTIVITIES MOST SUITED TOWARD THE RECOVERY OF
THE INDIVIDUAL. SUCH REGULATIONS SHALL, AT MINIMUM, PROVIDE FOR:
(A) ACCESS TO A CERTIFIED ALCOHOL AND SUBSTANCE ABUSE COUNSELOR EITHER
ONSITE OR VIA TELEHEALTH SERVICES;
(B) APPROPRIATE RESPONSES TO INDIVIDUALS WHO RELAPSE, WHICH TAKE INTO
CONSIDERATION THE NEED FOR THE INDIVIDUAL TO CONTINUE THEIR RECOVERY
PROCESS AT THE RESIDENCE AS WELL AS THE IMPACT ON OTHER RESIDENTS;
(C) ACCESS TO A LICENSED PROFESSIONAL WHOSE SCOPE OF PRACTICE INCLUDES
THE DIAGNOSIS OF MENTAL HEALTH DISORDERS EITHER ONSITE OR VIA TELEHEALTH
SERVICES FOR THOSE RECOVERING FROM A CO-OCCURING MENTAL HEALTH DISORDER;
(D) INFORMING INDIVIDUALS OF THEIR RIGHTS WHILE RESIDING AT THE RESI-
DENCE, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO RIGHTS RELATED TO
PRIVACY AND CONFIDENTIALITY AS PROVIDED BY STATE AND FEDERAL LAW, RIGHTS
RELATED TO POTENTIAL EVICTION FROM THE RECOVERY LIVING RESIDENCE AND
GENERAL RIGHTS AND PROCEDURES RELATED TO INDIVIDUALS WHILE RESIDING IN
THE RECOVERY LIVING RESIDENCE; AND
(E) OPERATING PROCEDURES, WHICH SHALL INCLUDE ADMINISTRATIVE OPER-
ATIONS AS WELL AS ENSURING RESIDENTS ARE RECEIVING OTHER NECESSARY
HEALTH CARE SERVICES.
4. (A) THE COMMISSIONER MAY CERTIFY RECOVERY LIVING RESIDENCES THAT:
(I) COMPLETE AN APPLICATION FOR SUCH CERTIFICATION; (II) ARE IN COMPLI-
ANCE WITH THE REGULATIONS ESTABLISHED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION; (III) HAVE DEMONSTRATED A NEED FOR A RECOVERY LIVING RESI-
DENCE IN THE PARTICULAR LOCATION IDENTIFIED BY THE APPLICANT; AND (IV)
CAN PROVIDE EVIDENCE OR DEMONSTRATE THEIR ABILITY TO EFFECTIVELY DELIVER
AN APPROPRIATE ENVIRONMENT FOR INDIVIDUALS RECOVERING FROM A SUBSTANCE
USE DISORDER.
(B) AS PART OF THE APPLICATION PROCESS, THE APPLICANT SHALL BE
REQUIRED TO DEMONSTRATE THE OUTREACH SUCH APPLICANT CONDUCTED IN THE
COMMUNITY, INCLUDING INPUT PROVIDED BY THE COMMUNITY, CONCERNS RAISED BY
THE COMMUNITY AND STEPS SUCH APPLICANT HAS TAKEN OR WILL TAKE TO POTEN-
TIALLY REMEDIATE SOME OF THOSE CONCERNS.
5. ONCE THE COMMISSIONER HAS CERTIFIED A LOCATION AS A RECOVERY LIVING
RESIDENCE, SUCH RESIDENCE SHALL BE INCLUDED ON THE OFFICE'S WEBSITE AS
AN AVAILABLE OPTION FOR INDIVIDUALS SEEKING SUCH AN ENVIRONMENT.
6. THE COMMISSIONER SHALL REGULATE AND ENSURE RESIDENCES WHO ARE
CERTIFIED TO BE A RECOVERY LIVING RESIDENCE ARE CONTINUING TO MEET THE
REQUIREMENTS OF THIS SECTION. THE COMMISSIONER HAS THE AUTHORITY TO
INSPECT SUCH RESIDENCES AND IMPOSE PENALTIES, INCLUDING LIMITING, REVOK-
ING OR SUSPENDING A CERTIFICATION, AS APPROPRIATE, FOR FAILURE TO COMPLY
WITH THE PROVISIONS OF THIS SECTION.
§ 3. Subdivisions 1, 2, 3, 5 and 6 of section 32.06 of the mental
hygiene law, as added by chapter 223 of the laws of 2018, are amended to
read as follows:
A. 7613--A 3
1. For purposes of this section, unless the context clearly requires
otherwise, "provider" shall mean any person, firm, partnership, group,
practice association, fiduciary, employer, representative thereof or any
other entity who is providing or purporting to provide substance use
disorder services OR OPERATING OR PURPORTING TO OPERATE A RECOVERY
LIVING RESIDENCE. Provided, however, that "provider" shall not include
a person receiving substance use disorder services from the provider.
2. No provider shall intentionally solicit, receive, accept or agree
to receive or accept any payment, benefit or other consideration in any
form to the extent such payment, benefit or other consideration is given
for the referral of a person as a potential patient for substance use
disorder services OR AS A RESIDENT AT A RECOVERY LIVING RESIDENCE.
3. No provider providing or purporting to provide substance use disor-
der services OR OPERATING OR PURPORTING TO OPERATE A RECOVERY LIVING
RESIDENCE pursuant to this chapter, shall intentionally make, offer,
give, or agree to make, offer, or give any payment, benefit or other
consideration in any form to the extent such payment, benefit or other
consideration is given for the referral of a person as a potential
patient for substance use disorder services.
5. Any provider who intentionally violates the provisions of subdivi-
sion two or three of this section shall be guilty of a misdemeanor as
defined in the penal law. ADDITIONALLY, ANY ENTITY PURPORTING TO OPER-
ATE A RECOVERY LIVING RESIDENCE WITHOUT RECEIVING A CERTIFICATION FROM
THE OFFICE SHALL, UPON REASONABLE NOTICE OF NON-COMPLIANCE, BE GUILTY OF
A MISDEMEANOR AS DEFINED IN THE PENAL LAW.
6. If the commissioner has reason to believe a provider has violated
subdivision two or three of this section, the commissioner may proceed
to investigate and institute enforcement actions, as may be authorized
pursuant to the applicable provisions of this article. ADDITIONALLY, IF
THE COMMISSIONER HAS REASON TO BELIEVE AN ENTITY IS OPERATING A RECOVERY
LIVING RESIDENCE WITHOUT RECEIVING A CERTIFICATION FROM THE OFFICE OR
PURPORTING TO OPERATE A RECOVERY LIVING RESIDENCE, THE COMMISSIONER MAY
PROCEED TO INVESTIGATE AND INSTITUTE ENFORCEMENT ACTIONS, AS MAY BE
AUTHORIZED PURSUANT TO THE APPLICABLE PROVISIONS OF THIS ARTICLE.
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law.