Assembly Bill A8356A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8356--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL,  SEAWRIGHT,  SIMON -- read once and
   referred to the Committee on Alcoholism and Drug Abuse --  recommitted
   to  the  Committee  on  Alcoholism  and  Drug Abuse 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 and the social services  law,  in
   relation  to  establishing contingency management services for certain
   persons with substance use disorders
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  19.03  of  the  mental hygiene law is amended by
 adding a new subdivision 3 to read as follows:
   3.  "CONTINGENCY  MANAGEMENT  SERVICES"   MEANS   ADDICTION   DISORDER
 SERVICES,  INCLUDING  DIGITAL  THERAPEUTICS  PRESCRIBED  BY A HEALTHCARE
 PROFESSIONAL, FOR PERSONS WITH A SUBSTANCE USE  DISORDER  THAT  PROVIDES
 INDIVIDUALS  WITH  A  FINANCIAL  INCENTIVE  OR POSITIVE REINFORCEMENT TO
 ABSTAIN FROM SUBSTANCE USE, BY REWARDING SPECIFIED BEHAVIORS, INCLUDING,
 BUT NOT LIMITED TO CONTINUED EVIDENCE OF NEGATIVE URINALYSIS, ENGAGEMENT
 IN TREATMENT, AND OTHER BEHAVIOR WHICH ADHERES TO TREATMENT GOALS.
   § 2. Section 19.17 of the mental hygiene law is amended  by  adding  a
 new subdivision (h) to read as follows:
   (H)  (1)  THE  OFFICE  SHALL,  IN  COORDINATION WITH THE DEPARTMENT OF
 HEALTH AND THE NEW YORK STATE CONFERENCE OF LOCAL MENTAL HYGIENE  DIREC-
 TORS, ESTABLISH A PROGRAM TO PROVIDE CONTINGENCY MANAGEMENT SERVICES, AS
 DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  19.03  OF THIS ARTICLE FOR
 PERSONS ELIGIBLE FOR MEDICAL ASSISTANCE UNDER TITLE  ELEVEN  OF  ARTICLE
 FIVE  OF  THE  SOCIAL  SERVICES  LAW  FOR  INDIVIDUALS  IN  RECOVERY FOR
 SUBSTANCE USE DISORDER.
   (2) NOTWITHSTANDING ANY  CONTRARY  PROVISION  OF  LAW,  INCENTIVES  OR
 REWARDS  FOR  CONTINGENCY  MANAGEMENT SERVICES RECEIVED BY AN INDIVIDUAL
 PURSUANT TO THIS SUBDIVISION SHALL NOT BE CONSIDERED INCOME OR RESOURCES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13325-02-2
              

 A. 8356--A                          2
 
 OF AN INDIVIDUAL FOR THE PURPOSES OF ANY DETERMINATIONS  OF  ELIGIBILITY
 FOR ANY OTHER STATE PROGRAM OR BENEFIT, INCLUDING BUT NOT LIMITED TO THE
 MEDICAL  ASSISTANCE  PROGRAM, ANY STATE OR FEDERAL PROGRAM, OR ANY OTHER
 MEANS-TESTED PROGRAM OR BENEFIT.
   (3) IN DEVELOPING THE PROGRAM UNDER PARAGRAPH ONE OF THIS SUBDIVISION,
 THE  OFFICE  SHALL  ENSURE  THAT  INCENTIVES  OR REWARDS FOR CONTINGENCY
 MANAGEMENT SERVICES ARE USED FOR THE INTENDED PURPOSES AND NOT  DIVERTED
 FOR  OTHER  USES. THE OFFICE SHALL DEVELOP A PLAN TO MONITOR THE PROGRAM
 FOR FRAUD AND MISUSE OF CONTINGENCY MANAGEMENT INCENTIVES AND REWARDS.
   (4) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,  THE  COMMISSIONER,
 IN  COLLABORATION  WITH THE COMMISSIONER OF HEALTH, SHALL, TO THE EXTENT
 NECESSARY, DEVELOP AND SUBMIT ANY APPROPRIATE WAIVERS FOR IMPLEMENTATION
 OF THIS PROGRAM, INCLUDING, BUT NOT LIMITED TO, THOSE AUTHORIZED  PURSU-
 ANT  TO  SECTIONS ELEVEN HUNDRED FIFTEEN AND NINETEEN HUNDRED FIFTEEN OF
 THE FEDERAL SOCIAL SECURITY ACT, OR SUCCESSOR PROVISIONS, AND ANY  OTHER
 WAIVERS  NECESSARY  TO ACHIEVE THE PURPOSES OF HIGH QUALITY, INTEGRATED,
 AND COST EFFECTIVE CARE AND INTEGRATED  FINANCIAL  ELIGIBILITY  POLICIES
 UNDER  THE  MEDICAL ASSISTANCE PROGRAM OR PURSUANT TO TITLE XVIII OF THE
 FEDERAL SOCIAL SECURITY ACT. COPIES OF SUCH ORIGINAL WAIVER APPLICATIONS
 SHALL BE PROVIDED TO THE CHAIR OF THE SENATE FINANCE COMMITTEE  AND  THE
 CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE SIMULTANEOUSLY WITH THEIR
 SUBMISSION TO THE FEDERAL GOVERNMENT.
   §  3.  Subdivision  2  of  section 365-a of the social services law is
 amended by adding a new paragraph (jj) to read as follows:
   (JJ) CONTINGENCY MANAGEMENT SERVICES AND SUPPORTS PROVIDED PURSUANT TO
 ARTICLE NINETEEN OF THE MENTAL HYGIENE LAW.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.