NY State Senate Bill 2021-S8675A

Senate Bill S8675A

2021-2022 Legislative Session

Provides for the establishment, incorporation and certification of addiction and substance abuse facilities in the city of New York

download bill text pdf

Archive: Last Bill Status - In Senate Committee Alcoholism And Substance Abuse Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 27, 2022	print number 8675a
May 27, 2022	amend (t) and recommit to alcoholism and substance abuse
Mar 29, 2022	referred to alcoholism and substance abuse

Bill Amendments

Original

A (Active)

2021-S8675 - Details

Current Committee:: Senate Alcoholism And Substance Abuse
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.09, Ment Hyg L
Versions Introduced in 2023-2024 Legislative Session:: S384

2021-S8675 - Summary

Directs the commissioner of the office of alcoholism and substance abuse services to collect data on the number of facilities sited and operating within each jurisdiction of each community board; make such data available on the office's website, updated as needed to maintain an accurate dataset; and consider such data in the course of the approval of the establishment, incorporation and certification of providers of substance use disorder services.

2021-S8675 - Sponsor Memo

                                 
BILL NUMBER: S8675

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to limiting the
amount of addiction and substance abuse facilities in the city of New
York

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is for the New York State Office of Addiction
Services and Support (OASAS) to limit the issuance of operation creden-
tials to substance abuse and alcohol rehabilitation and treatment facil-
ities to only five facilities per community board district.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends the mental hygiene law Section 1 paragraph (b) by
inserting "In cities with a population of one million or more, the
commissioner shall ensure that there are no more than five facilities
operating pursuant to this article within the jurisdiction of each

community board. Section 2: Contains the bill's effective date clause,
which provides that the act shall take effect on the ninetieth day after
it shall have become a law.

 
JUSTIFICATION:

Presently, there community board districts, specifically located in low
income minority communities, throughout the City of New York that host a
disproportionate amount of substance abuse rehabilitation and treatment
facilities in their neighborhoods.

In Harlem alone, there forty-seven (47) facilities spread out throughout
its region. Many of the patients and/or clients are not Harlem resi-
dents, and arrive from areas outside of the community board's jurisdic-
tion (including out of state). On a daily basis, some of these individ-
uals congregate around the facilities, impede pedestrian traffic, argue
amongst themselves and harass residents for money.

Simultaneously, there are numerous New York City communities that main-
tain fewer rehabilitation and treatment facilities in their catchment
areas.

This bill will require OASAS to equitably distribute and limit creden-
tials to operate substance abuse rehabilitation and treatment facilities
to five (5) per community board jurisdictions.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
On the ninetieth day after it has become law.

2021-S8675 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8675
 
                             I N  S E N A T E
 
                              March 29, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism  and  Substance
   Abuse
 
 AN  ACT  to  amend  the  mental hygiene law, in relation to limiting the
   amount of addiction and substance abuse facilities in the city of  New
   York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (b) of section 19.17 of the mental hygiene law,
 as amended by chapter 596 of the laws of 1999, is  amended  to  read  as
 follows:
   (b)  The  commissioner  shall  establish the areas which each facility
 under his or her jurisdiction shall serve and the categories of patients
 which each such facility shall receive, retain, or treat. IN CITIES WITH
 A POPULATION OF ONE MILLION OR MORE, THE COMMISSIONER SHALL ENSURE  THAT
 THERE  ARE NO MORE THAN FIVE FACILITIES OPERATING PURSUANT TO THIS ARTI-
 CLE WITHIN THE JURISDICTION OF EACH COMMUNITY  BOARD.  The  commissioner
 shall  provide for priority of admission for persons whose children have
 been placed in foster care or are in jeopardy of being so placed  pursu-
 ant  to article ten of the family court act or article six of the social
 services law.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14787-01-2

2021-S8675A (ACTIVE) - Details

Current Committee:: Senate Alcoholism And Substance Abuse
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.09, Ment Hyg L
Versions Introduced in 2023-2024 Legislative Session:: S384

2021-S8675A (ACTIVE) - Summary

2021-S8675A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8675A

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to establishing,
incorporating and certifying addiction and substance abuse facilities in
the city of New York

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to requite the collection of oversaturation
data and employ said data in future decisions impacting communities.

 
SUMMARY OF SPECIFIC PROVISIONS:

Adds the following provisions to the MH Law: In cities with a population
of one million or more, the commissioner shall collect data on the
number of facilities sited and operating within each jurisdiction of
each community board. Such data shall be made available on the office's
website, updated as needed to maintain an accurate dataset, and consid-
ered in the course of the approval of the establishment, incorporation

and certification of providers of substance use disorder services.

 
JUSTIFICATION:

Presently, there community board districts, specifically located in low
income minority communities, throughout the City of New York that host a
disproportionate amount of substance abuse rehabilitation and treatment
facilities in their neighborhoods.

In Harlem alone, there forty-seven (47) facilities spread out throughout
its region. Many of the patients and/or clients are not Harlem resi-
dents, and arrive from areas outside of the community board's jurisdic-
tion (including out of state). On a daily basis, some of these individ-
uals congregate around the facilities, impede pedestrian traffic, argue
amongst themselves and harass residents for money.

Simultaneously, there are numerous New York City communities that main-
tain fewer rehabilitation and treatment facilities in their catchment
areas.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
On the ninetieth day after it has become law.

2021-S8675A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8675--A
 
                             I N  S E N A T E
 
                              March 29, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism  and  Substance
   Abuse  --  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,
   incorporating  and certifying addiction and substance abuse facilities
   in the city of New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (g) of section 19.09 of the mental hygiene law,
 as  amended  by  chapter  271 of the laws of 2010, is amended to read as
 follows:
   (g) (1) The commissioner shall establish and operate chemical  depend-
 ence  programs,  facilities, and services for the prevention, treatment,
 and rehabilitation, including relapse prevention  and  recovery  mainte-
 nance,  of  persons  who  abuse  or  are  dependent  on  alcohol  and/or
 substances, and significant others not limited to the psychiatric  model
 but embodying all recognized or promising approaches.
   (2)  IN  CITIES  WITH A POPULATION OF ONE MILLION OR MORE, THE COMMIS-
 SIONER SHALL COLLECT DATA ON THE NUMBER OF FACILITIES SITED AND  OPERAT-
 ING WITHIN EACH JURISDICTION OF EACH COMMUNITY BOARD. SUCH DATA SHALL BE
 MADE AVAILABLE ON THE OFFICE'S WEBSITE, UPDATED AS NEEDED TO MAINTAIN AN
 ACCURATE  DATASET,  AND  CONSIDERED IN THE COURSE OF THE APPROVAL OF THE
 ESTABLISHMENT, INCORPORATION AND CERTIFICATION OF PROVIDERS OF SUBSTANCE
 USE DISORDER SERVICES.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14787-02-2

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