Senate Bill S5657

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5657
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY, HOYLMAN -- read twice and ordered
   printed, and when printed to be committed to the Committee on Alcohol-
   ism and Substance Abuse
 
 AN ACT to amend the mental hygiene law, in relation to establishing  the
   community  chemical dependency services expansion program; and provid-
   ing for the repeal of such provisions upon expiration thereof
 
   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
 22.13 to read as follows:
 § 22.13 COMMUNITY CHEMICAL DEPENDENCY SERVICES EXPANSION PROGRAM.
   (A) COMMUNITY CHEMICAL DEPENDENCY SERVICES EXPANSION  FUNDS  SHALL  BE
 ANNUALLY  ALLOCATED  BY THE COMMISSIONER BASED UPON THE FOLLOWING CRITE-
 RIA:
   1. THE EFFICIENCY AND EFFECTIVENESS OF THE USE OF FUNDING  WITHIN  THE
 LOCAL  GOVERNMENTAL  UNIT  FOR  THE DELIVERY OF SERVICES TO PERSONS WITH
 SERIOUS CHEMICAL DEPENDENCY IN ORDER TO ASSURE THAT RESOURCES  ARE  MADE
 AVAILABLE TO PERSONS IN THE COMMUNITY;
   2. PROVISIONS THAT GRANTEES OF SUCH FUNDS FOR THE PROVISION  OF CHEMI-
 CAL  DEPENDENCY  DETOXIFICATION  SERVICES SHALL HAVE A MECHANISM TO LINK
 ALL CLIENTS RECEIVING DETOXIFICATION SERVICES TO ONGOING  TREATMENT  FOR
 CHEMICAL DEPENDENCY IMMEDIATELY UPON THE CONCLUSION OF THEIR DETOXIFICA-
 TION; AND
   3.  OTHER  RELEVANT  FACTORS  THAT REQUIRE THE MAINTENANCE OF EXISTING
 CHEMICAL DEPENDENCY SERVICES AND THE DEVELOPMENT OF NEW CHEMICAL DEPEND-
 ENCY SERVICES.
   (B) AMOUNTS PROVIDED PURSUANT TO THIS SECTION SHALL ONLY  BE  USED  TO
 FUND  CHEMICAL  DEPENDENCY  TREATMENT SERVICES, INCLUDING DETOXIFICATION
 SERVICES, AND ASSOCIATED LOCAL GOVERNMENTAL UNIT ADMINISTRATIVE EXPENSES
 SUCH AS APPROVED NET OPERATING COST, FEE-FOR-SERVICE  REIMBURSEMENT,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10169-01-1
              

 S. 5657                             2
 
 OTHER  FINANCIAL  MECHANISMS  DESIGNED  TO ACHIEVE INCREASED QUALITY AND
 COST EFFECTIVENESS.
   (C)  FUNDS  SHALL  BE  DISTRIBUTED  PURSUANT  TO THIS SECTION TO LOCAL
 GOVERNMENTAL UNITS IN PROPORTION TO EACH UNIT'S UNMET NEED FOR  CHEMICAL
 DEPENDENCY TREATMENT SERVICES, AS ESTABLISHED BY THE OFFICE, EXCEPT THAT
 IN  DISTRIBUTING  SUCH FUNDS, THE COMMISSIONER SHALL CONSIDER THE EXTENT
 TO WHICH EACH LOCAL GOVERNMENTAL UNIT HAS MAINTAINED LOCAL CONTRIBUTIONS
 FOR EXPENDITURES OF CHEMICAL DEPENDENCY SERVICES MADE PURSUANT  TO  THIS
 SECTION  IN  ANY  FISCAL  YEAR  AT  A LEVEL EQUAL TO OR GREATER THAN THE
 AMOUNT EXPENDED FOR SUCH  SERVICES BY SUCH LOCAL  GOVERNMENTAL  UNIT  IN
 THE LAST COMPLETED FISCAL YEAR PRECEDING THAT FISCAL YEAR.
   (D)  THE  COMMISSIONER IS AUTHORIZED AND EMPOWERED TO MAKE INSPECTIONS
 AND EXAMINE RECORDS OF A LOCAL GOVERNMENTAL  UNIT  RECEIVING  STATE  AID
 UNDER THIS SECTION OR A PROVIDER OF SERVICES FUNDED PURSUANT TO SUBDIVI-
 SION  (B)  OF  THIS SECTION. SUCH EXAMINATION SHALL INCLUDE ALL MEDICAL,
 SERVICE AND FINANCIAL RECORDS, RECEIPTS, DISBURSEMENTS, CONTRACTS, LOANS
 AND OTHER MONEYS RELATING TO THE FINANCIAL OPERATION OF THE PROVIDER.
   (E) THE AMOUNT OF COMMUNITY  CHEMICAL  DEPENDENCY  SERVICES  EXPANSION
 FUNDS  FOR THE OFFICE SHALL BE DETERMINED IN THE ANNUAL BUDGET AND SHALL
 INCLUDE THE AMOUNT OF GENERAL FUND APPROPRIATION REDUCTIONS ATTRIBUTABLE
 TO REDUCTIONS IN MEDICAL ASSISTANCE EXPENDITURES FOR  MEDICALLY  MANAGED
 CHEMICAL  DEPENDENCY DETOXIFICATION. SUCH REDUCTIONS SHALL BE CALCULATED
 BY COMPARING MEDICAL ASSISTANCE EXPENDITURES FOR MEDICALLY MANAGED CHEM-
 ICAL DEPENDENCY DETOXIFICATION IN THE BASE YEAR WITH THE  SAME  EXPENDI-
 TURES  IN THE STATE FISCAL YEAR IMMEDIATELY PRECEDING THE BASE YEAR. FOR
 PURPOSES OF THIS SECTION, THE BASE YEAR SHALL BE THE STATE  FISCAL  YEAR
 IN  WHICH THE EXECUTIVE BUDGET IS ISSUED. IN COMPUTING SUCH GENERAL FUND
 EXPENDITURES, AND IN COMPUTING THE STATE  SHARE  OF  MEDICAL  ASSISTANCE
 PURSUANT  TO  THIS  SECTION,  THE  STATE  SHARE OF MEDICAL ASSISTANCE IN
 EFFECT ON JANUARY FIRST, TWO THOUSAND FIVE SHALL BE USED.
   (F) FOR PURPOSES OF THIS SECTION, THE DEFINITIONS CONTAINED IN SECTION
 41.03 OF THIS CHAPTER  SHALL  APPLY,  EXCEPT  THAT  CHEMICAL  DEPENDENCY
 TREATMENT  SERVICES  SHALL  NOT INCLUDE MEDICALLY MANAGED DETOXIFICATION
 PROVIDED IN GENERAL HOSPITALS LICENSED PURSUANT TO ARTICLE  TWENTY-EIGHT
 OF THE PUBLIC HEALTH LAW.
   (G)  NO  PROVISION IN THIS SECTION SHALL CREATE OR BE DEEMED TO CREATE
 ANY RIGHT, INTEREST OR ENTITLEMENT TO SERVICES OR  FUNDS  THAT  ARE  THE
 SUBJECT  OF  THIS SECTION, OR TO ANY OTHER SERVICES OR FUNDS, WHETHER TO
 INDIVIDUALS, LOCALITIES, PROVIDERS OR OTHERS,  INDIVIDUALLY  OR  COLLEC-
 TIVELY.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed March 31, 2025.