S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9097
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Alcoholism and Drug Abuse
 
 AN ACT to amend the mental hygiene law, in relation to requiring  mental
   health  evaluations  for participants in substance use disorder treat-
   ment programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  19.09  of  the  mental hygiene law is amended by
 adding a new subdivision (m) to read as follows:
   (M)(1) NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
 COMMISSIONER  SHALL  REQUIRE ALL CERTIFIED SUBSTANCE USE DISORDER TREAT-
 MENT-RELATED PROGRAMS APPROVED BY THE OFFICE TO PROVIDE PROGRAM  PARTIC-
 IPANTS  WITH  A MENTAL HEALTH EVALUATION CONDUCTED BY A LICENSED PROFES-
 SIONAL WHOSE SCOPE OF PRACTICE INCLUDES THE DIAGNOSIS OF  MENTAL  HEALTH
 DISORDERS  WHO  SHALL,  IF APPROPRIATE, REFER THE PARTICIPANT FOR OUTPA-
 TIENT MENTAL HEALTH TREATMENT. TRANSPORTATION SERVICES  TO  SUCH  OUTPA-
 TIENT TREATMENT SHALL BE PROVIDED TO A PARTICIPANT.
   (2)  THE OFFICE SHALL ESTABLISH A BUREAU OF QUALIFIED LICENSED PROVID-
 ERS FOR ALL LICENSED PROFESSIONALS AS DEFINED IN PARAGRAPH ONE  OF  THIS
 SUBDIVISION  WHO SHALL PROVIDE SUCH EVALUATION PURSUANT TO THIS SUBDIVI-
 SION.
   (3) AS AN ALTERNATIVE TO THE  PROVISIONS  OF  PARAGRAPH  ONE  OF  THIS
 SUBDIVISION,  PROGRAMS  CERTIFIED  BY THE OFFICE   MAY CHOOSE TO UTILIZE
 THEIR OWN EMPLOYEES OR INDEPENDENT CONTRACTORS TO PROVIDE BOTH THE EVAL-
 UATION REFERRED TO IN PARAGRAPH ONE OF THIS SUBDIVISION AND  THE  TREAT-
 MENT  OF  PERSONS WITH CO-OCCURRING DISORDERS.  NOTWITHSTANDING ANY LAW,
 RULE, OR REGULATION TO THE CONTRARY, THE COMMISSIONER IS  AUTHORIZED  TO
 CERTIFY SUCH PROGRAMS FOR THE OUTPATIENT TREATMENT OF PATIENTS DIAGNOSED
 WITH  CO-OCCURRING  DISORDERS  PROVIDED  IN  OASAS-CERTIFIED FACILITIES,
 PROVIDED THAT SUCH  PROGRAMS  SHALL  USE  ONLY  PROVIDERS  OF  THE  TYPE
 DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION.
   (4)  NO PRIMARY DIAGNOSIS SHALL BE REQUIRED FOR A PERSON TO BE TREATED
 IN A PROGRAM FOR CO-OCCURRING DISORDERS. A MENTAL HEALTH DIAGNOSIS SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13540-09-2
              

 A. 9097                             2
 
 NOT BE A BASIS FOR THE DENIAL OF ADMISSION TO, OR THE EXPULSION FROM,  A
 CERTIFIED SUBSTANCE USE DISORDER TREATMENT FACILITY.
   (5)  THE  COMMISSIONER  SHALL  ENDEAVOR  TO  ENSURE  THAT ALL EXISTING
 PROVISIONS OF THIS CHAPTER ARE  COMPLIED  WITHIN  THE  ESTABLISHMENT  OF
 PROGRAMS  FOR  PERSONS WITH CO-OCCURRING DISORDERS, BUT THE COMMISSIONER
 MAY, IN THE COURSE OF THE REGULATORY PROCESS, DETERMINE  THAT  ANY  SUCH
 PROVISIONS  ARE  AN  OBSTACLE  TO  FULFILLMENT OF EFFECTIVE TREATMENT OF
 CO-OCCURRING DISORDERS AND, AS SUCH, SHALL NOT BE PART  OF  THE  CERTIF-
 ICATION PROCESS UNDER THIS ARTICLE.
   (6)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE  CONTRARY, THE
 BUREAU ESTABLISHED PURSUANT TO PARAGRAPH TWO OF THIS SUBDIVISION AND THE
 PROGRAMS FOR CO-OCCURRING DISORDERS DESCRIBED IN PARAGRAPH THREE OF THIS
 SUBDIVISION, SHALL HAVE ACCESS TO ALL PRIOR SUBSTANCE ABUSE  AND  MENTAL
 HEALTH  TREATMENT  RECORDS FOR USE IN THE EVALUATION PRESCRIBED IN PARA-
 GRAPH  ONE OF THIS SUBDIVISION AND ALL OTHER TREATMENT RELATED PURPOSES.
   (7) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  NECESSARY
 FOR  THE  EFFECTUATION  OF THIS SECTION, INCLUDING THE USE OF TELEHEALTH
 SERVICES, APPROPRIATE REIMBURSEMENT FOR THE TRANSPORTATION  REFERRED  TO
 IN THIS SUBDIVISION, AND APPROPRIATE BILLING REQUIREMENTS AND REIMBURSE-
 MENT  FOR  PROGRAMS  PROVIDING  INTEGRATED  SERVICES TO INDIVIDUALS WITH
 CO-OCCURRING  DISORDERS  IN  AN  OASAS-CERTIFIED  OUTPATIENT   FACILITY,
 INCLUDING MEDICAL, PSYCHIATRIC AND CLINICAL SERVICES.
   § 2. This act shall take effect immediately.