Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
May 16, 2022 |
referred to alcoholism and drug abuse delivered to assembly passed senate |
May 02, 2022 |
advanced to third reading |
Apr 27, 2022 |
2nd report cal. |
Apr 26, 2022 |
1st report cal.862 |
Jan 24, 2022 |
reported and committed to finance |
Jan 06, 2022 |
print number 5084c |
Jan 06, 2022 |
amend (t) and recommit to alcoholism and substance abuse |
Jan 05, 2022 |
referred to alcoholism and substance abuse returned to senate died in assembly |
May 25, 2021 |
referred to alcoholism and drug abuse delivered to assembly passed senate |
May 10, 2021 |
advanced to third reading |
May 05, 2021 |
2nd report cal. |
May 04, 2021 |
1st report cal.911 |
Mar 08, 2021 |
reported and committed to finance |
Mar 03, 2021 |
print number 5084b |
Mar 03, 2021 |
amend and recommit to alcoholism and substance abuse |
Feb 24, 2021 |
print number 5084a |
Feb 24, 2021 |
amend (t) and recommit to alcoholism and substance abuse |
Feb 23, 2021 |
referred to alcoholism and substance abuse |
Senate Bill S5084B
2021-2022 Legislative Session
Establishes the office of addiction and mental health services
download bill text pdfSponsored By
(D, WF) 40th Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 16, 2022
aye (50)- Addabbo Jr.
- Akshar
- Bailey
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Cleare
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- May
- Mayer
- Myrie
- O'Mara
- Oberacker
- Parker
- Persaud
- Ramos
- Rath III
- Rivera
- Ryan
- Salazar
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Thomas
excused (2)
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Floor Vote: May 25, 2021
aye (53)- Addabbo Jr.
- Akshar
- Bailey
- Benjamin
- Biaggi
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Mattera
- May
- Mayer
- Myrie
- O'Mara
- Oberacker
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Thomas
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Apr 26, 2022 - Finance Committee Vote
S5084B19Aye1Nay2Aye with Reservations1Absent0Excused0AbstainedMay 4, 2021 - Finance Committee Vote
S5084B18Aye0Nay5Aye with Reservations0Absent0Excused0AbstainedJan 24, 2022 - Alcoholism And Substance Use Disorders Committee Vote
S5084B7Aye0Nay0Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
2021-S5084 - Details
- Current Committee:
- Assembly Alcoholism And Drug Abuse
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§1.03, 5.01, 5.03, 5.05, 7.01 & 19.01, add §§5.01-a & 5.01-b, Ment Hyg L
- Versions Introduced in 2023-2024 Legislative Session:
-
S2104
2021-S5084 - Sponsor Memo
BILL NUMBER: S5084 SPONSOR: HARCKHAM TITLE OF BILL: An act to amend the mental hygiene law, in relation to creating the office of addiction and mental health services PURPOSE: Establishes the office of mental health, addiction and wellness SUMMARY OF PROVISIONS: Section 1 amends the mental hygiene law in relation to chapter 281 of the laws of 2019 to define the term "Commissioner" in relation to this act, as the commissioner of mental health services, addiction and well- ness. Section 2 amends chapter 281 of the laws of 2019 to merge the offices of mental hygiene, developmental disabilities and addiction services and
supports to create the office of "mental health services, addiction and wellness. This section provides responsibilities and staffing associated with the office of mental health services, addiction and wellness. Section 3 amends 5.03 of the mental hygiene law to assign head of the office of mental health, addiction and wellness to be the commissioner. However, until the commissioner of the mental health, addiction and wellness is appointed by the governor and confirmed by the senate, the commissioner of mental health and commission of addiction services shall continue to oversee mental health and addiction services respectively and work in collaboratively to integrate care for individuals with both mental health and substance use disorder. Section 4 amends section 5.05 of the mental hygiene law to provide the powers and duties of the head of the department and the office of mental health, addiction and wellness. Section 5 amends section 7.01 of the mental hygiene law to expand on the declaration of policy and establish a new autonomous agency to be known as the office of mental health, addiction and wellness. Section 6 amends section 19.01 of the mental hygiene law to include the office of mental health, addiction and wellness in the legislature's declaration of policy. Section 7 provides that the Governor may nominate an individual to serve as commissioner of the office of mental health, addiction and wellness upon or prior to January 1, 2022. If such an individual is confirmed by the Senate prior to January 1, 2022 they shall become the commissioner of said office. The Governor may designate a person to exercise the powers of the commissioner of mental health, addiction and wellness until confirmation of a nominee by the Senate. Section 8 provides that all employees from the office of mental health and the office of addiction services and supports shall be transferred to the office of mental health, addiction and wellness without further examinations or qualification to the same or similarly titles and shall remain in the same collective bargaining units and shall retain their respective civil service classifications, status, and rights pursuant to their collection bargaining units and collective bargaining agreements. Section 9 requires that the office of mental health, addiction and well- ness shall issue an annual report and specifications related to such a report. Section 10 relates to the budget appropriations for the office of mental health, addiction and wellness. Section 11 states the severability clause. Section 12 states that Notwithstanding any inconsistent provision of law to the contrary, effective January 1, 2022, all functions, powers, duties and obligations of the New York state office of Medicaid inspec- tor general concerning Medicaid audits and the prevention of Medicaid fraud and abuse shall be transferred to the office of mental health, addiction and wellness. Section 13 states the effective date. JUSTIFICATION: For too long the state had provided one door for indi- viduals suffering with Substance Use Disorder, and another for mental health issues. Lives have been lost, and outcomes have fallen short when we are not treating the whole person. An integration of care from the Office of Mental Health and the Office of Addiction, Supports, and Services has the potential to improve outcomes for individuals suffering from co occurring disorders. The Executive's Budget proposal to merge the agencies could be a posi- tive step, as long as there are safeguards in place to preserve proce- dures and protocols that are currently working. This is an opportunity to put an end to exorbitant disallowances by OMIG for clerical errors. This bill seeks to provide greater protection to our providers by ensur- ing that audits may not extrapolate when no fraud or abuse is found, and may not negatively impact patient care. To ensure the merger maintains its goal of integrating care, and does not become a decision driven by the need to find money for the general fund, all savings realized should be reinvested in the new agency. The creation of a stakeholder task force will provide the transparency need- ed and guarantee a seat at the table for those most impacted. LEGISLATIVE HISTORY: This is a new bill. FISCAL IMPLICATIONS: None to the State. EFFECTIVE DATE: This act shall take effect immediately. Effective Immediately, the office of mental health and the office of addiction services and supports are authorized to promulgate the addiction, amendment and/or repeal of any rule or regulation or engage in any work necessary for the implementation of this act on its effective date authorized to be made and completed on or before such effective date.
2021-S5084 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5084 2021-2022 Regular Sessions I N S E N A T E February 23, 2021 ___________ Introduced by Sen. HARCKHAM -- 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 creating the office of addiction and mental health services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 2-a of section 1.03 of the mental hygiene law, subdivision 2 as amended and subdivision 2-a as added by chapter 281 of the laws of 2019, are amended to read as follows: 2. ["Commissioner" means the commissioner of mental health] "COMMIS- SIONER" MEANS THE COMMISSIONER OF ADDICTION AND MENTAL HEALTH SERVICES, AND the commissioner of developmental disabilities [and the commissioner of addiction services and supports] as used in this chapter. Any power or duty heretofore assigned to the commissioner of mental hygiene or to the department of mental hygiene pursuant to this chapter shall hereaft- er be assigned to the commissioner of ADDICTION AND mental health SERVICES in the case of facilities, programs, or services for individ- uals with mental illness, to the commissioner of developmental disabili- ties in the case of facilities, programs, or services for individuals with developmental disabilities, to the commissioner of addiction AND MENTAL HEALTH services [and supports] in the case of facilities, programs, or addiction disorder services in accordance with the provisions of titles D and E of this chapter. 2-a. Notwithstanding any other section of law or regulation, on and after the effective date of this subdivision, any and all references to the office of alcoholism and substance abuse services and the predeces- sor agencies to the office of alcoholism and substance abuse services including the division of alcoholism and alcohol abuse and the division of substance abuse services AND ALL REFERENCES TO THE OFFICE OF MENTAL HEALTH, shall be known as the "office of addiction AND MENTAL HEALTH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD09785-01-1 S. 5084 2 services [and supports]." Nothing in this subdivision shall be construed as requiring or prohibiting the further amendment of statutes or regu- lations to conform to the provisions of this subdivision. § 2. Section 5.01 of the mental hygiene law, as amended by chapter 281 of the laws of 2019, is amended and two new sections 5.01-a and 5.01-b are added to read as follows: § 5.01 Department of mental hygiene. There shall continue to be in the state government a department of mental hygiene. Within the department there shall be the following autonomous offices: (1) office of ADDICTION AND mental health SERVICES; AND (2) office for people with developmental disabilities[; (3) office of addiction services and supports]. § 5.01-A OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES. (A) THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES SHALL BE A NEW OFFICE WITHIN THE DEPARTMENT FORMED BY THE INTEGRATION OF THE OFFICES OF MENTAL HEALTH AND ADDICTION SERVICES AND SUPPORTS WHICH SHALL FOCUS ON ISSUES RELATED TO BOTH MENTAL ILLNESS AND ADDICTION IN THE STATE AND CARRY OUT THE INTENT OF THE LEGISLATURE IN ESTABLISHING THE OFFICES PURSUANT TO ARTICLES SEVEN AND NINETEEN OF THIS CHAPTER. THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES IS CHARGED WITH ENSURING THE DEVEL- OPMENT OF COMPREHENSIVE PLANS FOR PROGRAMS AND SERVICES IN THE AREA OF RESEARCH, PREVENTION, AND CARE AND TREATMENT, REHABILITATION, EDUCATION AND TRAINING, AND SHALL BE STAFFED TO PERFORM THE RESPONSIBILITIES ATTRIBUTED TO THE OFFICE PURSUANT TO SECTIONS 7.07 AND 19.07 OF THIS CHAPTER AND PROVIDE SERVICES AND PROGRAMS TO PROMOTE RECOVERY FOR INDI- VIDUALS WITH MENTAL ILLNESS, SUBSTANCE USE DISORDER, OR MENTAL ILLNESS AND SUBSTANCE USE DISORDER. (B) THE COMMISSIONER OF THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES SHALL BE VESTED WITH THE POWERS, DUTIES, AND OBLIGATIONS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. ADDITIONALLY, TWO EXECUTIVE DEPUTY COMMISSIONERS SHALL BE APPOINTED, ONE COMMISSIONER TO REPRESENT ADDICTION SERVICES AND SUPPORTS AND ONE COMMISSIONER TO REPRESENT MENTAL HEALTH SERVICES (C) THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES MAY LICENSE PROVIDERS TO PROVIDE INTEGRATED SERVICES FOR INDIVIDUALS WITH MENTAL ILLNESS, SUBSTANCE USE DISORDER, OR MENTAL ILLNESS AND SUBSTANCE USE DISORDER, IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER. § 5.01-B OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES. UNTIL JANUARY FIRST, TWO THOUSAND TWENTY-TWO, THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES SHALL CONSIST OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. § 3. Section 5.03 of the mental hygiene law, as amended by chapter 281 of the laws of 2019, is amended to read as follows: § 5.03 Commissioners. The head of the office of ADDICTION AND mental health SERVICES shall be the commissioner of ADDICTION AND mental health SERVICES; AND the head of the office for people with developmental disabilities shall be the commissioner of developmental disabilities[; and the head of the office of addiction services and supports shall be the commissioner of addiction services and supports]. Each commissioner shall be appointed by the governor, by and with the advice and consent of the senate, to serve at the pleasure of the governor. UNTIL THE COMMISSIONER OF ADDICTION AND MENTAL HEALTH SERVICES IS APPOINTED BY THE GOVERNOR AND CONFIRMED BY THE SENATE, THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS SHALL CONTINUE TO OVER- S. 5084 3 SEE MENTAL HEALTH AND ADDICTION SERVICES RESPECTIVELY, AND WORK COLLABO- RATIVELY TO INTEGRATE CARE FOR INDIVIDUALS WITH BOTH MENTAL HEALTH AND SUBSTANCE USE DISORDERS. § 4. Section 5.05 of the mental hygiene law, as added by chapter 978 of the laws of 1977, subdivision (a) as amended by chapter 168 of the laws of 2010, subdivision (b) as amended by chapter 294 of the laws of 2007, paragraph 1 of subdivision (b) as amended by section 14 of part J of chapter 56 of the laws of 2012, subdivision (d) as added by chapter 58 of the laws of 1988 and subdivision (e) as added by chapter 588 of the laws of 2011, is amended to read as follows: § 5.05 Powers and duties of the head of the department. (a) The commissioners of the office of ADDICTION AND mental health SERVICES and the office for people with developmental disabilities, as the heads of the department, shall jointly visit and inspect, or cause to be visited and inspected, all facilities either public or private used for the care, treatment and rehabilitation of individuals with mental illness, SUBSTANCE USE DISORDER and developmental disabilities in accordance with the requirements of section four of article seventeen of the New York state constitution. (b) (1) The commissioners of the office of ADDICTION AND mental health[,] SERVICES AND the office for people with developmental disabil- ities [and the office of alcoholism and substance abuse services] shall constitute an inter-office coordinating council which, consistent with the autonomy of each office for matters within its jurisdiction, shall ensure that the state policy for the prevention, care, treatment and rehabilitation of individuals with mental illness, SUBSTANCE USE DISOR- DERS and developmental disabilities[, alcoholism, alcohol abuse, substance abuse, substance dependence, and chemical dependence] is planned, developed and implemented comprehensively; that gaps in services to individuals with multiple disabilities are eliminated and that no person is denied treatment and services because he or she has more than one disability; that procedures for the regulation of programs which offer care and treatment for more than one class of persons with mental disabilities be coordinated between the offices having jurisdic- tion over such programs; and that research projects of the institutes, as identified in section 7.17 [or], 13.17, OR 19.17 of this chapter or as operated by the office for people with developmental disabilities, are coordinated to maximize the success and cost effectiveness of such projects and to eliminate wasteful duplication. (2) The inter-office coordinating council shall annually issue a report on its activities to the legislature on or before December thir- ty-first. Such annual report shall include, but not be limited to, the following information: proper treatment models and programs for persons with multiple disabilities and suggested improvements to such models and programs; research projects of the institutes and their coordination with each other; collaborations and joint initiatives undertaken by the offices of the department; consolidation of regulations of each of the offices of the department to reduce regulatory inconsistencies between the offices; inter-office or office activities related to workforce training and development; data on the prevalence, availability of resources and service utilization by persons with multiple disabilities; eligibility standards of each office of the department affecting clients suffering from multiple disabilities, and eligibility standards under which a client is determined to be an office's primary responsibility; agreements or arrangements on statewide, regional and local government levels addressing how determinations over client responsibility are made S. 5084 4 and client responsibility disputes are resolved; information on any specific cohort of clients with multiple disabilities for which substan- tial barriers in accessing or receiving appropriate care has been reported or is known to the inter-office coordinating council or the offices of the department; and coordination of planning, standards or services for persons with multiple disabilities between the inter-office coordinating council, the offices of the department and local govern- ments in accordance with the local planning requirements set forth in article forty-one of this chapter. (c) The commissioners shall meet from time to time with the New York state conference of local mental hygiene directors to assure consistent procedures in fulfilling the responsibilities required by this section and by article forty-one of this chapter. (d) 1. The commissioner of ADDICTION AND mental health SERVICES shall evaluate the type and level of care required by patients in the adult psychiatric centers authorized by section 7.17 of this chapter and develop appropriate comprehensive requirements for the staffing of inpa- tient wards. These requirements should reflect measurable need for administrative and direct care staff including physicians, nurses and other clinical staff, direct and related support and other support staff, established on the basis of sound clinical judgment. The staffing requirements shall include but not be limited to the following: (i) the level of care based on patient needs, including on ward activities, (ii) the number of admissions, (iii) the geographic location of each facili- ty, (iv) the physical layout of the campus, and (v) the physical design of patient care wards. 2. Such commissioner, in developing the requirements, shall provide for adequate ward coverage on all shifts taking into account the number of individuals expected to be off the ward due to sick leave, workers' compensation, mandated training and all other off ward leaves. 3. The staffing requirements shall be designed to reflect the legiti- mate needs of facilities so as to ensure full accreditation and certif- ication by appropriate regulatory bodies. The requirements shall reflect appropriate industry standards. The staffing requirements shall be fully measurable. [4. The commissioner of mental health shall submit an interim report to the governor and the legislature on the development of the staffing requirements on October first, nineteen hundred eighty-eight and again on April first, nineteen hundred eighty-nine. The commissioner shall submit a final report to the governor and the legislature no later than October first, nineteen hundred eighty-nine and shall include in his report a plan to achieve the staffing requirements and the length of time necessary to meet these requirements.] (e) The commissioners of the office of ADDICTION AND mental health[,] SERVICES AND THE office for people with developmental disabilities[, and the office of alcoholism and substance abuse services] shall cause to have all new contracts with agencies and providers licensed by the offices to have a clause requiring notice be provided to all current and new employees of such agencies and providers stating that all instances of abuse shall be investigated pursuant to this chapter, and, if an employee leaves employment prior to the conclusion of a pending abuse investigation, the investigation shall continue. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any other law or regulation or under any collective bargaining agreement or employment contract. S. 5084 5 § 5. Section 7.01 of the mental hygiene law, as added by chapter 978 of the laws of 1977, is amended to read as follows: § 7.01 Declaration of policy. The state of New York and its local governments have a responsibility for the prevention and early detection of mental illness and for the comprehensively planned care, treatment and rehabilitation of their mentally ill citizens. Therefore, it shall be the policy of the state to conduct research and to develop programs which further prevention and early detection of mental illness; to develop a comprehensive, integrated system of treat- ment and rehabilitative services for the mentally ill. Such a system should include, whenever possible, the provision of necessary treatment services to people in their home communities; it should assure the adequacy and appropriateness of residential arrangements for people in need of service; and it should rely upon improved programs of institu- tional care only when necessary and appropriate. Further, such a system should recognize the important therapeutic roles of all disciplines which may contribute to the care or treatment of the mentally ill, such as psychology, social work, psychiatric nursing, special education and other disciplines in the field of mental illness, as well as psychiatry and should establish accountability for implementation of the policies of the state with regard to the care and rehabilitation of the mentally ill. To facilitate the implementation of these policies and to further advance the interests of the mentally ill and their families, a new autonomous agency to be known as the office of ADDICTION AND mental health SERVICES has been established by this article. The office and its commissioner shall plan and work with local governments, voluntary agen- cies and all providers and consumers of mental health services in order to develop an effective, integrated, comprehensive system for the deliv- ery of all services to the mentally ill and to create financing proce- dures and mechanisms to support such a system of services to ensure that mentally ill persons in need of services receive appropriate care, treatment and rehabilitation close to their families and communities. In carrying out these responsibilities, the office and its commissioner shall make full use of existing services in the community including those provided by voluntary organizations. § 6. Section 19.01 of the mental hygiene law, as added by chapter 223 of the laws of 1992, is amended to read as follows: § 19.01 Declaration of policy. The legislature declares the following: Alcoholism, substance abuse and chemical dependence pose major health and social problems for individuals and their families when left untreated, including family devastation, homelessness, and unemployment. It has been proven that successful prevention and treatment can dramat- ically reduce costs to the health care, criminal justice and social welfare systems. The tragic, cumulative and often fatal consequences of alcoholism and substance abuse are, however, preventable and treatable disabilities that require a coordinated and multi-faceted network of services. The legislature recognizes locally planned and implemented prevention as a primary means to avert the onset of alcoholism and substance abuse. It is the policy of the state to promote comprehensive, age appropriate education for children and youth and stimulate public awareness of the risks associated with alcoholism and substance abuse. Further, the legislature acknowledges the need for a coordinated state policy for the S. 5084 6 establishment of prevention and treatment programs designed to address the problems of chemical dependency among youth, including prevention and intervention efforts in school and community-based programs designed to identify and refer high risk youth in need of chemical dependency services. Substantial benefits can be gained through alcoholism and substance abuse treatment for both addicted individuals and their families. Posi- tive treatment outcomes that may be generated through a complete contin- uum of care offer a cost effective and comprehensive approach to reha- bilitating such individuals. The primary goals of the rehabilitation and recovery process are to restore social, family, lifestyle, vocational and economic supports by stabilizing an individual's physical and psychological functioning. The legislature recognizes the importance of varying treatment approaches and levels of care designed to meet each client's needs. Relapse prevention and aftercare are two primary compo- nents of treatment that serve to promote and maintain recovery. The legislature recognizes that the distinct treatment needs of special populations, including women and women with children, persons with HIV infection, persons diagnosed with mental illness, persons who abuse chemicals, the homeless and veterans with posttraumatic stress disorder, merit particular attention. It is the intent of the legisla- ture to promote effective interventions for such populations in need of particular attention. The legislature also recognizes the importance of family support for individuals in alcohol or substance abuse treatment and recovery. Such family participation can provide lasting support to the recovering individual to prevent relapse and maintain recovery. The intergenerational cycle of chemical dependency within families can be intercepted through appropriate interventions. The state of New York and its local governments have a responsibility in coordinating the delivery of alcoholism and substance abuse services, through the entire network of service providers. To accomplish these objectives, the legislature declares that the establishment of a single, unified office of [alcoholism and substance abuse] ADDICTION AND MENTAL HEALTH services will provide an integrated framework to plan, oversee and regulate the state's prevention and treatment network. In recogni- tion of the growing trends and incidence of chemical dependency, this consolidation allows the state to respond to the changing profile of chemical dependency. The legislature recognizes that some distinctions exist between the alcoholism and substance abuse field and THE MENTAL HEALTH FIELD AND where appropriate, those distinctions may be preserved. Accordingly, it is the intent of the state to establish one office of [alcoholism and substance abuse] ADDICTION AND MENTAL HEALTH services in furtherance of a comprehensive service delivery system. § 7. Upon or prior to January 1, 2022, the governor may nominate an individual to serve as commissioner of the office of addiction and mental health services. If such individual is confirmed by the senate prior to January 1, 2022, they shall become the commissioner of the office of addiction and mental health services. The governor may desig- nate a person to exercise the powers of the commissioner of the office of addiction and mental health services on an acting basis, until confirmation of a nominee by the senate, who is hereby authorized to take such actions as are necessary and proper to implement the orderly transition of the functions, powers as duties as herein provided, including the preparation for a budget request for the office as estab- lished by this act. S. 5084 7 § 8. Upon the transfer pursuant to this act of the functions and powers possessed by and all of the obligations and duties of the office of mental health and the office of addiction services and supports as established pursuant to the mental hygiene law and other laws, to the office of addiction and mental health services as prescribed by this act, provision shall be made for the transfer of all employees from the office of mental health and the office of addiction services and supports into the office of addiction and mental health services. Employees so transferred shall be transferred without further examina- tion or qualification to the same or similar titles and shall remain in the same collective bargaining units and shall retain their respective civil service classifications, status, and rights pursuant to their collective bargaining units and collective bargaining agreements. § 9. Notwithstanding any contrary provision of law, on or before Octo- ber 1, 2021 and annually thereafter, the office of addiction and mental health services, in consultation with the department of health, shall issue a report, and post such report on their public website, detailing the office's expenditures for mental health and addiction services and supports, including total Medicaid spending directly by the state to licensed or designated providers and payments to managed care providers pursuant to section 364-j of the social services law. The office of addiction and mental health services shall examine reports produced pursuant to this section and may make recommendations to the governor and the legislature regarding appropriations for mental health and addiction services and supports or other provisions of law which may be necessary to effectively implement the creation and continued operation of the office. The office of addiction and mental health services shall also issue a report detailing the steps necessary to shift control over Medicaid spending for mental health and addiction services and supports to such office. Such plan shall be implemented in the next succeeding state budget. § 10. The budget appropriations for the office of addiction and mental health services shall be maintained in a manner so that those for addiction services and supports and mental health services are separate- ly itemized. Further, the methods of funding services and supports in place as of January 1, 2021 shall not be altered. Any financial saving realized from the creation of the office of addiction and mental health services shall be reinvested in the services and supports funded by such office. § 11. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 12. This act shall take effect immediately. Effective immediately, the office of mental health and the office of addiction services and supports are authorized to promulgate the addition, amendment and/or repeal of any rule or regulation or engage in any work necessary for the implementation of this act on its effective date authorized to be made and completed on or before such effective date.
co-Sponsors
(D, WF) 55th Senate District
(D) 26th Senate District
2021-S5084A - Details
- Current Committee:
- Assembly Alcoholism And Drug Abuse
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§1.03, 5.01, 5.03, 5.05, 7.01 & 19.01, add §§5.01-a & 5.01-b, Ment Hyg L
- Versions Introduced in 2023-2024 Legislative Session:
-
S2104
2021-S5084A - Sponsor Memo
BILL NUMBER: S5084A SPONSOR: HARCKHAM TITLE OF BILL: An act to amend the mental hygiene law, in relation to creating the office of mental health, addiction and wellness PURPOSE: Establishes the office of mental health, addiction and wellness SUMMARY OF PROVISIONS: Section 1 amends the mental hygiene law in relation to chapter 281 of the laws of 2019 to define the term "Commissioner" in relation to this act, as the commissioner of mental health services, addiction and well- ness. Section 2 amends chapter 281 of the laws of 2019 to merge the offices of mental hygiene, developmental disabilities and addiction services and
supports to create the office of "mental health services, addiction and wellness. This section provides responsibilities and staffing associated with the office of mental health services, addiction and wellness. Section 3 amends 5.03 of the mental hygiene law to assign head of the office of mental health, addiction and wellness to be the commissioner. However, until the commissioner of the mental health, addiction and wellness is appointed by the governor and confirmed by the senate, the commissioner of mental health and commission of addiction services shall continue to oversee mental health and addiction services respectively and work in collaboratively to integrate care for individuals with both mental health and substance use disorder. Section 4 amends section 5.05 of the mental hygiene law to provide the powers and duties of the head of the department and the office of mental health, addiction and wellness. Section 5 amends section 7.01 of the mental hygiene law to expand on the declaration of policy and establish a new autonomous agency to be known as the office of mental health, addiction and wellness. Section 6 amends section 19.01 of the mental hygiene law to include the office of mental health, addiction and wellness in the legislature's declaration of policy. Section 7 provides that the Governor may nominate an individual to serve as commissioner of the office of mental health, addiction and wellness upon or prior to January 1, 2022. If such an individual is confirmed by the Senate prior to January 1, 2022 they shall become the commissioner of said office. The Governor may designate a person to exercise the powers of the commissioner of mental health, addiction and wellness until confirmation of a nominee by the Senate. Section 8 provides that all employees from the office of mental health and the office of addiction services and supports shall be transferred to the office of mental health, addiction and wellness without further examinations or qualification to the same or similarly titles and shall remain in the same collective bargaining units and shall retain their respective civil service classifications, status, and rights pursuant to their collection bargaining units and collective bargaining agreements. Section 9 requires that the office of mental health, addiction and well- ness shall issue an annual report and specifications related to such a report. Section 10 relates to the budget appropriations for the office of mental health, addiction and wellness. Section 11 states the severability clause. Section 12 states that Notwithstanding any inconsistent provision of law to the contrary, effective January 1, 2022, all functions, powers, duties and obligations of the New York state office of Medicaid inspec- tor general concerning Medicaid audits and the prevention of Medicaid fraud and abuse shall be transferred to the office of mental health, addiction and wellness. Section 13 states the effective date. JUSTIFICATION: For too long the state had provided one door for individuals suffering with Substance Use Disorder, and another for mental health issues. Lives have been lost, and outcomes have fallen short when we are not treating the whole person. An integration of care from the Office of Mental Health and the Office of Addiction, Supports, and Services has the potential to improve outcomes for individuals suffering from co occurring disorders. The Executive's Budget proposal to merge the agencies could be a posi- tive step, as long as there are safeguards in place to preserve proce- dures and protocols that are currently working. This is an opportunity to put an end to exorbitant disallowances by OMIG for clerical errors. This bill seeks to provide greater protection to our providers by ensuring that audits may not extrapolate when no fraud or abuse is found, and may not negatively impact patient care. To ensure the merger maintains its goal of integrating care, and does not become a decision driven by the need to find money for the general fund, all savings realized should be reinvested in the new agency. The creation of a stakeholder task force will provide the transparency need- ed and guarantee a seat at the table for those most impacted. LEGISLATIVE HISTORY: This is a new bill. FISCAL IMPLICATIONS: None to the State. EFFECTIVE DATE: This act shall take effect immediately. Effective Immediately, the office of mental health and the office of addiction services and supports are authorized to promulgate the addiction, amendment and/or repeal of any rule or regulation or engage in any work necessary for the implementation of this act on its effective date authorized to be made and completed on or before such effective date.
2021-S5084A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5084--A 2021-2022 Regular Sessions I N S E N A T E February 23, 2021 ___________ Introduced by Sen. HARCKHAM -- 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 creating the office of mental health, addiction and wellness THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 2-a of section 1.03 of the mental hygiene law, subdivision 2 as amended and subdivision 2-a as added by chapter 281 of the laws of 2019, are amended to read as follows: 2. ["Commissioner" means the commissioner of mental health] "COMMIS- SIONER" MEANS THE COMMISSIONER OF MENTAL HEALTH SERVICES, ADDICTION AND WELLNESS, the commissioner of developmental disabilities and the commis- sioner of addiction services and supports as used in this chapter. Any power or duty heretofore assigned to the commissioner of mental hygiene or to the department of mental hygiene pursuant to this chapter shall hereafter be assigned to the commissioner of mental health, ADDICTION AND WELLNESS in the case of facilities, programs, or services for indi- viduals with mental illness, to the commissioner of developmental disa- bilities in the case of facilities, programs, or services for individ- uals with developmental disabilities, to the commissioner of [addiction services and supports] MENTAL HEALTH, ADDICTION AND WELLNESS in the case of facilities, programs, or addiction disorder services in accordance with the provisions of titles D and E of this chapter. 2-a. Notwithstanding any other section of law or regulation, on and after the effective date of this subdivision, any and all references to the office of alcoholism and substance abuse services and the predeces- sor agencies to the office of alcoholism and substance abuse services including the division of alcoholism and alcohol abuse and the division of substance abuse services AND ALL REFERENCES TO THE OFFICE OF MENTAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD09785-03-1 S. 5084--A 2 HEALTH, shall be known as the "office of MENTAL HEALTH, addiction [services and supports] AND WELLNESS." Nothing in this subdivision shall be construed as requiring or prohibiting the further amendment of statutes or regulations to conform to the provisions of this subdivi- sion. § 2. Section 5.01 of the mental hygiene law, as amended by chapter 281 of the laws of 2019, is amended and two new sections 5.01-a and 5.01-b are added to read as follows: § 5.01 Department of mental hygiene. There shall continue to be in the state government a department of mental hygiene. Within the department there shall be the following autonomous offices: (1) office of mental health, ADDICTION AND WELLNESS; AND (2) office for people with developmental disabilities[; (3) office of addiction services and supports]. § 5.01-A OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS. (A) THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS SHALL BE A NEW OFFICE WITHIN THE DEPARTMENT FORMED BY THE INTEGRATION OF THE OFFICES OF MENTAL HEALTH AND ADDICTION SERVICES AND SUPPORTS WHICH SHALL FOCUS ON ISSUES RELATED TO BOTH MENTAL ILLNESS AND ADDICTION IN THE STATE AND CARRY OUT THE INTENT OF THE LEGISLATURE IN ESTABLISHING THE OFFICES PURSUANT TO ARTICLES SEVEN AND NINETEEN OF THIS CHAPTER. THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS IS CHARGED WITH ENSURING THE DEVELOPMENT OF COMPREHENSIVE PLANS FOR PROGRAMS AND SERVICES IN THE AREA OF RESEARCH, PREVENTION, AND CARE AND TREATMENT, REHABILITATION, EDUCA- TION AND TRAINING, AND SHALL BE STAFFED TO PERFORM THE RESPONSIBILITIES ATTRIBUTED TO THE OFFICE PURSUANT TO SECTIONS 7.07 AND 19.07 OF THIS CHAPTER AND PROVIDE SERVICES AND PROGRAMS TO PROMOTE RECOVERY FOR INDI- VIDUALS WITH MENTAL ILLNESS, SUBSTANCE USE DISORDER, OR MENTAL ILLNESS AND SUBSTANCE USE DISORDER. (B) THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS SHALL BE VESTED WITH THE POWERS, DUTIES, AND OBLIGATIONS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. ADDITIONALLY, TWO EXECUTIVE DEPUTY COMMISSIONERS SHALL BE APPOINTED, ONE COMMISSIONER TO REPRESENT ADDICTION SERVICES AND SUPPORTS, WHICH SHALL BE PROMINENTLY REPRESENTED TO ENSURE THE NEEDS OF SUBSTANCE USE DISORDER COMMUNITIES ARE MET, AND ONE COMMISSIONER TO REPRESENT MENTAL HEALTH SERVICES. (C) THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS MAY LICENSE PROVIDERS TO PROVIDE INTEGRATED SERVICES FOR INDIVIDUALS WITH MENTAL ILLNESS, SUBSTANCE USE DISORDER, OR MENTAL ILLNESS AND SUBSTANCE USE DISORDER, IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER. SUCH DIRECT LICENSING MECHANISM ALLOWS FOR RESOURCES TO GET TO COMMUNI- TY-BASED ORGANIZATIONS IN AN EXPEDITED MANNER. (D) THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS SHALL HOUSE EMPLOYEES OF THE OFFICE OF MEDICAID INSPECTOR GENERAL WHO SHALL WORK IN A COORDINATED MANNER WITH THE RELEVANT STATE OVERSIGHT AGENCY FOR THE PROGRAM THAT IS THE SUBJECT OF THE AUDIT TO ENSURE THAT ACCESS TO SERVICES IS NOT ADVERSELY IMPACTED. AUDIT FINDINGS CONCERNING THE LACK OF MEDICAL NECESSITY AND AUDIT FINDINGS CONCERNING MISSING OR INACCURATE PATIENT CASE OR TREATMENT RECORDS SHALL NOT BE EXTRAPOLATED UNLESS FRAUD AND/OR ABUSE ARE DETECTED. (E) THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS SHALL ESTAB- LISH A TASK FORCE ON MENTAL HEALTH, ADDICTION AND WELLNESS TO ENSURE THE INTENT OF THE LEGISLATURE IS FULFILLED IN ESTABLISHING SUCH OFFICE. SUCH TASK FORCE SHALL CONSIST OF PROVIDERS, PEERS, FAMILY MEMBERS, INDIVID- S. 5084--A 3 UALS WHO HAVE UTILIZED ADDICTION SERVICES AND SUPPORTS AND/OR MENTAL HEALTH SERVICES, PUBLIC AND PRIVATE SECTOR UNIONS AND REPRESENTATIVES OF OTHER AGENCIES OR OFFICES AS THE COMMISSIONER MAY DEEM NECESSARY. SUCH TASK FORCE SHALL MEET REGULARLY IN FURTHERANCE OF ITS FUNCTIONS AND AT ANY OTHER TIME AT THE REQUEST OF THE DESIGNATED TASK FORCE LEADER. § 5.01-B OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS. UNTIL JANUARY FIRST, TWO THOUSAND TWENTY-TWO, THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS SHALL CONSIST OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. § 3. Section 5.03 of the mental hygiene law, as amended by chapter 281 of the laws of 2019, is amended to read as follows: § 5.03 Commissioners. The head of the office of mental health, ADDICTION AND WELLNESS shall be the commissioner of mental health, ADDICTION AND WELLNESS; AND the head of the office for people with developmental disabilities shall be the commissioner of developmental disabilities[; and the head of the office of addiction services and supports shall be the commissioner of addiction services and supports]. Each commissioner shall be appointed by the governor, by and with the advice and consent of the senate, to serve at the pleasure of the governor. UNTIL THE COMMISSIONER OF MENTAL HEALTH, ADDICTION AND WELLNESS IS APPOINTED BY THE GOVERNOR AND CONFIRMED BY THE SENATE, THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS SHALL CONTINUE TO OVER- SEE MENTAL HEALTH AND ADDICTION SERVICES RESPECTIVELY, AND WORK COLLABO- RATIVELY TO INTEGRATE CARE FOR INDIVIDUALS WITH BOTH MENTAL HEALTH AND SUBSTANCE USE DISORDERS. § 4. Section 5.05 of the mental hygiene law, as added by chapter 978 of the laws of 1977, subdivision (a) as amended by chapter 168 of the laws of 2010, subdivision (b) as amended by chapter 294 of the laws of 2007, paragraph 1 of subdivision (b) as amended by section 14 of part J of chapter 56 of the laws of 2012, subdivision (d) as added by chapter 58 of the laws of 1988 and subdivision (e) as added by chapter 588 of the laws of 2011, is amended to read as follows: § 5.05 Powers and duties of the head of the department. (a) The commissioners of the office of mental health, ADDICTION AND WELLNESS and the office for people with developmental disabilities, as the heads of the department, shall jointly visit and inspect, or cause to be visited and inspected, all facilities either public or private used for the care, treatment and rehabilitation of individuals with mental illness, SUBSTANCE USE DISORDER and developmental disabilities in accordance with the requirements of section four of article seventeen of the New York state constitution. (b) (1) The commissioners of the office of mental health, ADDICTION AND WELLNESS AND the office for people with developmental disabilities [and the office of alcoholism and substance abuse services] shall constitute an inter-office coordinating council which, consistent with the autonomy of each office for matters within its jurisdiction, shall ensure that the state policy for the prevention, care, treatment and rehabilitation of individuals with mental illness, SUBSTANCE USE DISOR- DERS and developmental disabilities[, alcoholism, alcohol abuse, substance abuse, substance dependence, and chemical dependence] is planned, developed and implemented comprehensively; that gaps in services to individuals with multiple disabilities are eliminated and that no person is denied treatment and services because he or she has more than one disability; that procedures for the regulation of programs which offer care and treatment for more than one class of persons with S. 5084--A 4 mental disabilities be coordinated between the offices having jurisdic- tion over such programs; and that research projects of the institutes, as identified in section 7.17 [or], 13.17, OR 19.17 of this chapter or as operated by the office for people with developmental disabilities, are coordinated to maximize the success and cost effectiveness of such projects and to eliminate wasteful duplication. (2) The inter-office coordinating council shall annually issue a report on its activities to the legislature on or before December thir- ty-first. Such annual report shall include, but not be limited to, the following information: proper treatment models and programs for persons with multiple disabilities and suggested improvements to such models and programs; research projects of the institutes and their coordination with each other; collaborations and joint initiatives undertaken by the offices of the department; consolidation of regulations of each of the offices of the department to reduce regulatory inconsistencies between the offices; inter-office or office activities related to workforce training and development; data on the prevalence, availability of resources and service utilization by persons with multiple disabilities; eligibility standards of each office of the department affecting clients suffering from multiple disabilities, and eligibility standards under which a client is determined to be an office's primary responsibility; agreements or arrangements on statewide, regional and local government levels addressing how determinations over client responsibility are made and client responsibility disputes are resolved; information on any specific cohort of clients with multiple disabilities for which substan- tial barriers in accessing or receiving appropriate care has been reported or is known to the inter-office coordinating council or the offices of the department; and coordination of planning, standards or services for persons with multiple disabilities between the inter-office coordinating council, the offices of the department and local govern- ments in accordance with the local planning requirements set forth in article forty-one of this chapter. (c) The commissioners shall meet from time to time with the New York state conference of local mental hygiene directors to assure consistent procedures in fulfilling the responsibilities required by this section and by article forty-one of this chapter. (d) [1.] (1) The commissioner of mental health, ADDICTION AND WELLNESS shall evaluate the type and level of care required by patients in the adult psychiatric centers authorized by section 7.17 of this chapter and develop appropriate comprehensive requirements for the staffing of inpa- tient wards. These requirements should reflect measurable need for administrative and direct care staff including physicians, nurses and other clinical staff, direct and related support and other support staff, established on the basis of sound clinical judgment. The staffing requirements shall include but not be limited to the following: (i) the level of care based on patient needs, including on ward activities, (ii) the number of admissions, (iii) the geographic location of each facili- ty, (iv) the physical layout of the campus, and (v) the physical design of patient care wards. [2.] (2) Such commissioner, in developing the requirements, shall provide for adequate ward coverage on all shifts taking into account the number of individuals expected to be off the ward due to sick leave, workers' compensation, mandated training and all other off ward leaves. [3.] (3) The staffing requirements shall be designed to reflect the legitimate needs of facilities so as to ensure full accreditation and certification by appropriate regulatory bodies. The requirements shall S. 5084--A 5 reflect appropriate industry standards. The staffing requirements shall be fully measurable. [4. The commissioner of mental health shall submit an interim report to the governor and the legislature on the development of the staffing requirements on October first, nineteen hundred eighty-eight and again on April first, nineteen hundred eighty-nine. The commissioner shall submit a final report to the governor and the legislature no later than October first, nineteen hundred eighty-nine and shall include in his report a plan to achieve the staffing requirements and the length of time necessary to meet these requirements.] (e) The commissioners of the office of mental health, ADDICTION AND WELLNESS AND THE office for people with developmental disabilities[, and the office of alcoholism and substance abuse services] shall cause to have all new contracts with agencies and providers licensed by the offices to have a clause requiring notice be provided to all current and new employees of such agencies and providers stating that all instances of abuse shall be investigated pursuant to this chapter, and, if an employee leaves employment prior to the conclusion of a pending abuse investigation, the investigation shall continue. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any other law or regulation or under any collective bargaining agreement or employment contract. § 5. Section 7.01 of the mental hygiene law, as added by chapter 978 of the laws of 1977, is amended to read as follows: § 7.01 Declaration of policy. The state of New York and its local governments have a responsibility for the prevention and early detection of mental illness and for the comprehensively planned care, treatment and rehabilitation of their mentally ill citizens. Therefore, it shall be the policy of the state to conduct research and to develop programs which further prevention and early detection of mental illness; to develop a comprehensive, integrated system of treat- ment and rehabilitative services for the mentally ill. Such a system should include, whenever possible, the provision of necessary treatment services to people in their home communities; it should assure the adequacy and appropriateness of residential arrangements for people in need of service; and it should rely upon improved programs of institu- tional care only when necessary and appropriate. Further, such a system should recognize the important therapeutic roles of all disciplines which may contribute to the care or treatment of the mentally ill, such as psychology, social work, psychiatric nursing, special education and other disciplines in the field of mental illness, as well as psychiatry and should establish accountability for implementation of the policies of the state with regard to the care and rehabilitation of the mentally ill. To facilitate the implementation of these policies and to further advance the interests of the mentally ill and their families, a new autonomous agency to be known as the office of mental health, ADDICTION AND WELLNESS has been established by this article. The office and its commissioner shall plan and work with local governments, voluntary agen- cies and all providers and consumers of mental health services in order to develop an effective, integrated, comprehensive system for the deliv- ery of all services to the mentally ill and to create financing proce- dures and mechanisms to support such a system of services to ensure that mentally ill persons in need of services receive appropriate care, treatment and rehabilitation close to their families and communities. In S. 5084--A 6 carrying out these responsibilities, the office and its commissioner shall make full use of existing services in the community including those provided by voluntary organizations. § 6. Section 19.01 of the mental hygiene law, as added by chapter 223 of the laws of 1992, is amended to read as follows: § 19.01 Declaration of policy. The legislature declares the following: Alcoholism, substance abuse and chemical dependence pose major health and social problems for individuals and their families when left untreated, including family devastation, homelessness, and unemployment. It has been proven that successful prevention and treatment can dramat- ically reduce costs to the health care, criminal justice and social welfare systems. The tragic, cumulative and often fatal consequences of alcoholism and substance abuse are, however, preventable and treatable disabilities that require a coordinated and multi-faceted network of services. The legislature recognizes locally planned and implemented prevention as a primary means to avert the onset of alcoholism and substance abuse. It is the policy of the state to promote comprehensive, age appropriate education for children and youth and stimulate public awareness of the risks associated with alcoholism and substance abuse. Further, the legislature acknowledges the need for a coordinated state policy for the establishment of prevention and treatment programs designed to address the problems of chemical dependency among youth, including prevention and intervention efforts in school and community-based programs designed to identify and refer high risk youth in need of chemical dependency services. Substantial benefits can be gained through alcoholism and substance abuse treatment for both addicted individuals and their families. Posi- tive treatment outcomes that may be generated through a complete contin- uum of care offer a cost effective and comprehensive approach to reha- bilitating such individuals. The primary goals of the rehabilitation and recovery process are to restore social, family, lifestyle, vocational and economic supports by stabilizing an individual's physical and psychological functioning. The legislature recognizes the importance of varying treatment approaches and levels of care designed to meet each client's needs. Relapse prevention and aftercare are two primary compo- nents of treatment that serve to promote and maintain recovery. The legislature recognizes that the distinct treatment needs of special populations, including women and women with children, persons with HIV infection, persons diagnosed with mental illness, persons who abuse chemicals, the homeless and veterans with posttraumatic stress disorder, merit particular attention. It is the intent of the legisla- ture to promote effective interventions for such populations in need of particular attention. The legislature also recognizes the importance of family support for individuals in alcohol or substance abuse treatment and recovery. Such family participation can provide lasting support to the recovering individual to prevent relapse and maintain recovery. The intergenerational cycle of chemical dependency within families can be intercepted through appropriate interventions. The state of New York and its local governments have a responsibility in coordinating the delivery of alcoholism and substance abuse services, through the entire network of service providers. To accomplish these objectives, the legislature declares that the establishment of a single, unified office of [alcoholism and substance abuse services] MENTAL HEALTH, ADDICTION AND WELLNESS will provide an integrated framework to S. 5084--A 7 plan, oversee and regulate the state's prevention and treatment network. In recognition of the growing trends and incidence of chemical dependen- cy, this consolidation allows the state to respond to the changing profile of chemical dependency. The legislature recognizes that some distinctions exist between the alcoholism and substance abuse field and THE MENTAL HEALTH FIELD AND where appropriate, those distinctions may be preserved. Accordingly, it is the intent of the state to establish one office of [alcoholism and substance abuse services] MENTAL HEALTH, ADDICTION AND WELLNESS in furtherance of a comprehensive service deliv- ery system. § 7. Upon or prior to January 1, 2022, the governor may nominate an individual to serve as commissioner of the office of mental health, addiction and wellness. If such individual is confirmed by the senate prior to January 1, 2022, they shall become the commissioner of the office of mental health, addiction and wellness. The governor may designate a person to exercise the powers of the commissioner of the office of mental health, addiction and wellness on an acting basis, until confirmation of a nominee by the senate, who is hereby authorized to take such actions as are necessary and proper to implement the order- ly transition of the functions, powers as duties as herein provided, including the preparation for a budget request for the office as estab- lished by this act. § 8. Upon the transfer pursuant to this act of the functions and powers possessed by and all of the obligations and duties of the office of mental health and the office of addiction services and supports as established pursuant to the mental hygiene law and other laws, to the office of mental health, addiction and wellness as prescribed by this act, provision shall be made for the transfer of all employees from the office of mental health and the office of addiction services and supports into the office of mental health, addiction and wellness. Employees so transferred shall be transferred without further examina- tion or qualification to the same or similar titles and shall remain in the same collective bargaining units and shall retain their respective civil service classifications, status, and rights pursuant to their collective bargaining units and collective bargaining agreements. § 9. Notwithstanding any contrary provision of law, on or before Octo- ber 1, 2021 and annually thereafter, the office of mental health, addiction and wellness, in consultation with the department of health, shall issue a report, and post such report on their public website, detailing the office's expenditures for mental health and addiction services and supports, including total Medicaid spending directly by the state to licensed or designated providers and payments to managed care providers pursuant to section 364-j of the social services law. The office of mental health, addiction and wellness shall examine reports produced pursuant to this section and may make recommendations to the governor and the legislature regarding appropriations for mental health and addiction services and supports or other provisions of law which may be necessary to effectively implement the creation and continued opera- tion of the office. The office of mental health, addiction and wellness shall also issue a report detailing the steps necessary to shift control over Medicaid spending for mental health and addiction services and supports to such office. Such plan shall be implemented in the next succeeding state budget. § 10. The budget appropriations for the office of mental health, addiction and wellness shall be maintained in a manner so that those for addiction services and supports and mental health services are separate- S. 5084--A 8 ly itemized. Further, the methods of funding services and supports in place as of January 1, 2021 shall not be altered. Any financial saving realized from the creation of the office of mental health, addiction and wellness shall be reinvested in the services and supports funded by such office. § 11. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 12. Notwithstanding any inconsistent provision of law to the contrary, effective January 1, 2022, all functions, powers, duties and obligations of the New York state office of Medicaid inspector general concerning Medicaid audits and the prevention of Medicaid fraud and abuse shall be transferred to the office of mental health, addiction and wellness. § 13. This act shall take effect immediately. Effective immediately, the office of mental health and the office of addiction services and supports are authorized to promulgate the addition, amendment and/or repeal of any rule or regulation or engage in any work necessary for the implementation of this act on its effective date authorized to be made and completed on or before such effective date.
co-Sponsors
(D) 15th Senate District
(D, WF) 55th Senate District
(D) 26th Senate District
2021-S5084B - Details
- Current Committee:
- Assembly Alcoholism And Drug Abuse
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§1.03, 5.01, 5.03, 5.05, 7.01 & 19.01, add §§5.01-a & 5.01-b, Ment Hyg L
- Versions Introduced in 2023-2024 Legislative Session:
-
S2104
2021-S5084B - Sponsor Memo
BILL NUMBER: S5084B SPONSOR: HARCKHAM TITLE OF BILL: An act to amend the mental hygiene law, in relation to creating the office of mental health, addiction and wellness PURPOSE: Establishes the office of mental health, addiction and wellness SUMMARY OF PROVISIONS: Section 1 amends the mental hygiene law in relation to chapter 281 of the laws of 2019 to define the term "Commissioner" in relation to this act, as the commissioner of mental health services, addiction and well- ness; and to merge the offices of mental hygiene, developmental disabil- ities and addiction services and supports to create the office of "mental health services, addiction and wellness.
Section 2 amends section 5.01 of the mental hygiene law to provide responsibilities and staffing associated with the office of mental health services, addiction and wellness. Section 3 amends section 5.03 of the mental hygiene law to assign head of the office of mental health, addiction and wellness to be the commis- sioner. However, until the commissioner of the mental health, addiction and wellness is appointed by the governor and confirmed by the senate, the commissioner of mental health and commission of addiction services shall continue to oversee mental health and addiction services respec- tively and work in collaboratively to integrate care for individuals with both mental health and substance use disorder. Section 4 amends section 5.05 of the mental hygiene law to provide the powers and duties of the head of the department and the office of mental health, addiction and wellness. Section 5 amends section 7.01 of the mental hygiene law to expand on the declaration of policy and establish a new autonomous agency to be known as the office of mental health, addiction and wellness. Section 6 amends section 19.01 of the mental hygiene law to include the office of mental health, addiction and wellness in the legislature's declaration of policy. Section 7 provides that the Governor may nominate an individual to serve as commissioner of the office of mental health, addiction and wellness upon or prior to January 1, 2022. If such an individual is confirmed by the Senate prior to January 1, 2022 they shall become the commissioner of said office. The Governor may designate a person to exercise the powers of the commissioner of mental health, addiction and wellness until confirmation of a nominee by the Senate. Section 8 provides that all employees from the office of mental health and the office of addiction services and supports shall be transferred to the office of mental health, addiction and wellness without further examinations or qualification to the same or similarly titles and shall remain in the same collective bargaining units and shall retain their respective civil service classifications, status, and rights pursuant to their collection bargaining units and collective bargaining agreements. Section 9 requires that the office of mental health, addiction and well- ness shall issue an annual report and specifications related to such a report. Section 10 relates to the budget appropriations for the office of mental health, addiction and wellness. Section 11 states the severability clause. Section 13 states the effec- tive date. JUSTIFICATION: For too long the state had provided one door for individuals suffering with Substance Use Disorder, and another for mental health issues. Lives have been lost, and outcomes have fallen short when we are not treating the whole person. An integration of care from the Office of Mental Health and the Office of Addiction, Supports, and Services has the potential to improve outcomes for individuals suffering from co occurring disorders. The Executive's Budget proposal to merge the agencies could be a posi- tive step, as long as there are safeguards in place to preserve proce- dures and protocols that are currently working. This is an opportunity to put an end to exorbitant disallowances by OMIG for clerical errors. This bill seeks to provide greater protection to our providers by ensur- ing that audits may not extrapolate when no fraud or abuse is found, and may not negatively impact patient care. To ensure the merger maintains its goal of integrating care, and does not become a decision driven by the need to find money for the general fund, all savings realized should be reinvested in the new agency. The creation of a stakeholder task force will provide the transparency need- ed and guarantee a seat at the table for those most impacted. LEGISLATIVE HISTORY: This is a new bill. FISCAL IMPLICATIONS: None to the State. EFFECTIVE DATE: This act shall take effect immediately. Effective Immediately, the office of mental health and the office of addiction services and supports are authorized to promulgate the addition, amendment and/or repeal of any rule or regulation or engage in any work necessary for the implementation of this act on its effective date authorized to be made and completed on or before such effective date.
2021-S5084B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5084--B 2021-2022 Regular Sessions I N S E N A T E February 23, 2021 ___________ Introduced by Sens. HARCKHAM, BROUK, GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Alcohol- ism and Substance Abuse -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to creating the office of mental health, addiction and wellness THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 2-a of section 1.03 of the mental hygiene law, subdivision 2 as amended and subdivision 2-a as added by chapter 281 of the laws of 2019, are amended to read as follows: 2. ["Commissioner" means the commissioner of mental health] "COMMIS- SIONER" MEANS THE COMMISSIONER OF MENTAL HEALTH SERVICES, ADDICTION AND WELLNESS, the commissioner of developmental disabilities and the commis- sioner of addiction services and supports as used in this chapter. Any power or duty heretofore assigned to the commissioner of mental hygiene or to the department of mental hygiene pursuant to this chapter shall hereafter be assigned to the commissioner of mental health, ADDICTION AND WELLNESS in the case of facilities, programs, or services for indi- viduals with mental illness, to the commissioner of developmental disa- bilities in the case of facilities, programs, or services for individ- uals with developmental disabilities, to the commissioner of [addiction services and supports] MENTAL HEALTH, ADDICTION AND WELLNESS in the case of facilities, programs, or addiction disorder services in accordance with the provisions of titles D and E of this chapter. 2-a. Notwithstanding any other section of law or regulation, on and after the effective date of this subdivision, any and all references to the office of alcoholism and substance abuse services and the predeces- sor agencies to the office of alcoholism and substance abuse services EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD09785-04-1 S. 5084--B 2 including the division of alcoholism and alcohol abuse and the division of substance abuse services AND ALL REFERENCES TO THE OFFICE OF MENTAL HEALTH, shall be known as the "office of MENTAL HEALTH, addiction [services and supports] AND WELLNESS." Nothing in this subdivision shall be construed as requiring or prohibiting the further amendment of statutes or regulations to conform to the provisions of this subdivi- sion. § 2. Section 5.01 of the mental hygiene law, as amended by chapter 281 of the laws of 2019, is amended and two new sections 5.01-a and 5.01-b are added to read as follows: § 5.01 Department of mental hygiene. There shall continue to be in the state government a department of mental hygiene. Within the department there shall be the following autonomous offices: (1) office of mental health, ADDICTION AND WELLNESS; AND (2) office for people with developmental disabilities[; (3) office of addiction services and supports]. § 5.01-A OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS. (A) THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS SHALL BE A NEW OFFICE WITHIN THE DEPARTMENT FORMED BY THE INTEGRATION OF THE OFFICES OF MENTAL HEALTH AND ADDICTION SERVICES AND SUPPORTS WHICH SHALL FOCUS ON ISSUES RELATED TO BOTH MENTAL ILLNESS AND ADDICTION IN THE STATE AND CARRY OUT THE INTENT OF THE LEGISLATURE IN ESTABLISHING THE OFFICES PURSUANT TO ARTICLES SEVEN AND NINETEEN OF THIS CHAPTER. THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS IS CHARGED WITH ENSURING THE DEVELOPMENT OF COMPREHENSIVE PLANS FOR PROGRAMS AND SERVICES IN THE AREA OF RESEARCH, PREVENTION, AND CARE AND TREATMENT, REHABILITATION, EDUCA- TION AND TRAINING, AND SHALL BE STAFFED TO PERFORM THE RESPONSIBILITIES ATTRIBUTED TO THE OFFICE PURSUANT TO SECTIONS 7.07 AND 19.07 OF THIS CHAPTER AND PROVIDE SERVICES AND PROGRAMS TO PROMOTE RECOVERY FOR INDI- VIDUALS WITH MENTAL ILLNESS, SUBSTANCE USE DISORDER, OR MENTAL ILLNESS AND SUBSTANCE USE DISORDER. (B) THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS SHALL BE VESTED WITH THE POWERS, DUTIES, AND OBLIGATIONS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. ADDITIONALLY, TWO EXECUTIVE DEPUTY COMMISSIONERS SHALL BE APPOINTED, ONE COMMISSIONER TO REPRESENT ADDICTION SERVICES AND SUPPORTS, WHICH SHALL BE PROMINENTLY REPRESENTED TO ENSURE THE NEEDS OF SUBSTANCE USE DISORDER COMMUNITIES ARE MET, AND ONE COMMISSIONER TO REPRESENT MENTAL HEALTH SERVICES. (C) THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS MAY LICENSE PROVIDERS TO PROVIDE INTEGRATED SERVICES FOR INDIVIDUALS WITH MENTAL ILLNESS, SUBSTANCE USE DISORDER, OR MENTAL ILLNESS AND SUBSTANCE USE DISORDER, IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER. SUCH DIRECT LICENSING MECHANISM ALLOWS FOR RESOURCES TO GET TO COMMUNI- TY-BASED ORGANIZATIONS IN AN EXPEDITED MANNER. (D) THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS SHALL ESTAB- LISH A TASK FORCE ON MENTAL HEALTH, ADDICTION AND WELLNESS TO ENSURE THE INTENT OF THE LEGISLATURE IS FULFILLED IN ESTABLISHING SUCH OFFICE. SUCH TASK FORCE SHALL CONSIST OF PROVIDERS, PEERS, FAMILY MEMBERS, INDIVID- UALS WHO HAVE UTILIZED ADDICTION SERVICES AND SUPPORTS AND/OR MENTAL HEALTH SERVICES, THE LOCAL GOVERNMENT UNIT AS DEFINED IN ARTICLE FORTY- ONE OF THIS CHAPTER, PUBLIC AND PRIVATE SECTOR UNIONS AND REPRESEN- TATIVES OF OTHER AGENCIES OR OFFICES AS THE COMMISSIONER MAY DEEM NECES- SARY. SUCH TASK FORCE SHALL MEET REGULARLY IN FURTHERANCE OF ITS S. 5084--B 3 FUNCTIONS AND AT ANY OTHER TIME AT THE REQUEST OF THE DESIGNATED TASK FORCE LEADER. § 5.01-B OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS. UNTIL JANUARY FIRST, TWO THOUSAND TWENTY-TWO, THE OFFICE OF MENTAL HEALTH, ADDICTION AND WELLNESS SHALL CONSIST OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. § 3. Section 5.03 of the mental hygiene law, as amended by chapter 281 of the laws of 2019, is amended to read as follows: § 5.03 Commissioners. The head of the office of mental health, ADDICTION AND WELLNESS shall be the commissioner of mental health, ADDICTION AND WELLNESS; AND the head of the office for people with developmental disabilities shall be the commissioner of developmental disabilities[; and the head of the office of addiction services and supports shall be the commissioner of addiction services and supports]. Each commissioner shall be appointed by the governor, by and with the advice and consent of the senate, to serve at the pleasure of the governor. UNTIL THE COMMISSIONER OF MENTAL HEALTH, ADDICTION AND WELLNESS IS APPOINTED BY THE GOVERNOR AND CONFIRMED BY THE SENATE, THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS SHALL CONTINUE TO OVER- SEE MENTAL HEALTH AND ADDICTION SERVICES RESPECTIVELY, AND WORK COLLABO- RATIVELY TO INTEGRATE CARE FOR INDIVIDUALS WITH BOTH MENTAL HEALTH AND SUBSTANCE USE DISORDERS. § 4. Section 5.05 of the mental hygiene law, as added by chapter 978 of the laws of 1977, subdivision (a) as amended by chapter 168 of the laws of 2010, subdivision (b) as amended by chapter 294 of the laws of 2007, paragraph 1 of subdivision (b) as amended by section 14 of part J of chapter 56 of the laws of 2012, subdivision (d) as added by chapter 58 of the laws of 1988 and subdivision (e) as added by chapter 588 of the laws of 2011, is amended to read as follows: § 5.05 Powers and duties of the head of the department. (a) The commissioners of the office of mental health, ADDICTION AND WELLNESS and the office for people with developmental disabilities, as the heads of the department, shall jointly visit and inspect, or cause to be visited and inspected, all facilities either public or private used for the care, treatment and rehabilitation of individuals with mental illness, SUBSTANCE USE DISORDER and developmental disabilities in accordance with the requirements of section four of article seventeen of the New York state constitution. (b) (1) The commissioners of the office of mental health, ADDICTION AND WELLNESS AND the office for people with developmental disabilities [and the office of alcoholism and substance abuse services] shall constitute an inter-office coordinating council which, consistent with the autonomy of each office for matters within its jurisdiction, shall ensure that the state policy for the prevention, care, treatment and rehabilitation of individuals with mental illness, SUBSTANCE USE DISOR- DERS and developmental disabilities[, alcoholism, alcohol abuse, substance abuse, substance dependence, and chemical dependence] is planned, developed and implemented comprehensively; that gaps in services to individuals with multiple disabilities are eliminated and that no person is denied treatment and services because he or she has more than one disability; that procedures for the regulation of programs which offer care and treatment for more than one class of persons with mental disabilities be coordinated between the offices having jurisdic- tion over such programs; and that research projects of the institutes, as identified in section 7.17 [or], 13.17, OR 19.17 of this chapter or S. 5084--B 4 as operated by the office for people with developmental disabilities, are coordinated to maximize the success and cost effectiveness of such projects and to eliminate wasteful duplication. (2) The inter-office coordinating council shall annually issue a report on its activities to the legislature on or before December thir- ty-first. Such annual report shall include, but not be limited to, the following information: proper treatment models and programs for persons with multiple disabilities and suggested improvements to such models and programs; research projects of the institutes and their coordination with each other; collaborations and joint initiatives undertaken by the offices of the department; consolidation of regulations of each of the offices of the department to reduce regulatory inconsistencies between the offices; inter-office or office activities related to workforce training and development; data on the prevalence, availability of resources and service utilization by persons with multiple disabilities; eligibility standards of each office of the department affecting clients suffering from multiple disabilities, and eligibility standards under which a client is determined to be an office's primary responsibility; agreements or arrangements on statewide, regional and local government levels addressing how determinations over client responsibility are made and client responsibility disputes are resolved; information on any specific cohort of clients with multiple disabilities for which substan- tial barriers in accessing or receiving appropriate care has been reported or is known to the inter-office coordinating council or the offices of the department; and coordination of planning, standards or services for persons with multiple disabilities between the inter-office coordinating council, the offices of the department and local govern- ments in accordance with the local planning requirements set forth in article forty-one of this chapter. (c) The commissioners shall meet from time to time with the New York state conference of local mental hygiene directors to assure consistent procedures in fulfilling the responsibilities required by this section and by article forty-one of this chapter. (d) [1.] (1) The commissioner of mental health, ADDICTION AND WELLNESS shall evaluate the type and level of care required by patients in the adult psychiatric centers authorized by section 7.17 of this chapter and develop appropriate comprehensive requirements for the staffing of inpa- tient wards. These requirements should reflect measurable need for administrative and direct care staff including physicians, nurses and other clinical staff, direct and related support and other support staff, established on the basis of sound clinical judgment. The staffing requirements shall include but not be limited to the following: (i) the level of care based on patient needs, including on ward activities, (ii) the number of admissions, (iii) the geographic location of each facili- ty, (iv) the physical layout of the campus, and (v) the physical design of patient care wards. [2.] (2) Such commissioner, in developing the requirements, shall provide for adequate ward coverage on all shifts taking into account the number of individuals expected to be off the ward due to sick leave, workers' compensation, mandated training and all other off ward leaves. [3.] (3) The staffing requirements shall be designed to reflect the legitimate needs of facilities so as to ensure full accreditation and certification by appropriate regulatory bodies. The requirements shall reflect appropriate industry standards. The staffing requirements shall be fully measurable. S. 5084--B 5 4. The commissioner of mental health, ADDICTION, AND WELLNESS shall submit an interim report to the governor and the legislature on the development of the staffing requirements on October first, [nineteen hundred eighty-eight] TWO THOUSAND TWENTY-ONE and again on April first, [nineteen hundred eighty-nine] TWO THOUSAND TWENTY-TWO. The commissioner shall submit a final report to the governor and the legislature no later than October first, [nineteen hundred eighty-nine] TWO THOUSAND TWENTY- TWO and shall include in his report a plan to achieve the staffing requirements and the length of time necessary to meet these require- ments. (e) The commissioners of the office of mental health, ADDICTION AND WELLNESS AND THE office for people with developmental disabilities[, and the office of alcoholism and substance abuse services] shall cause to have all new contracts with agencies and providers licensed by the offices to have a clause requiring notice be provided to all current and new employees of such agencies and providers stating that all instances of abuse shall be investigated pursuant to this chapter, and, if an employee leaves employment prior to the conclusion of a pending abuse investigation, the investigation shall continue. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any other law or regulation or under any collective bargaining agreement or employment contract. § 5. Section 7.01 of the mental hygiene law, as added by chapter 978 of the laws of 1977, is amended to read as follows: § 7.01 Declaration of policy. The state of New York and its local governments have a responsibility for the prevention and early detection of mental illness and for the comprehensively planned care, treatment and rehabilitation of their mentally ill citizens. Therefore, it shall be the policy of the state to conduct research and to develop programs which further prevention and early detection of mental illness; to develop a comprehensive, integrated system of treat- ment and rehabilitative services for the mentally ill. Such a system should include, whenever possible, the provision of necessary treatment services to people in their home communities; it should assure the adequacy and appropriateness of residential arrangements for people in need of service; and it should rely upon improved programs of institu- tional care only when necessary and appropriate. Further, such a system should recognize the important therapeutic roles of all disciplines which may contribute to the care or treatment of the mentally ill, such as psychology, social work, psychiatric nursing, special education and other disciplines in the field of mental illness, as well as psychiatry and should establish accountability for implementation of the policies of the state with regard to the care and rehabilitation of the mentally ill. To facilitate the implementation of these policies and to further advance the interests of the mentally ill and their families, a new autonomous agency to be known as the office of mental health, ADDICTION AND WELLNESS has been established by this article. The office and its commissioner shall plan and work with local governments, voluntary agen- cies and all providers and consumers of mental health services in order to develop an effective, integrated, comprehensive system for the deliv- ery of all services to the mentally ill and to create financing proce- dures and mechanisms to support such a system of services to ensure that mentally ill persons in need of services receive appropriate care, treatment and rehabilitation close to their families and communities. In S. 5084--B 6 carrying out these responsibilities, the office and its commissioner shall make full use of existing services in the community including those provided by voluntary organizations. § 6. Section 19.01 of the mental hygiene law, as added by chapter 223 of the laws of 1992, is amended to read as follows: § 19.01 Declaration of policy. The legislature declares the following: Alcoholism, substance abuse and chemical dependence pose major health and social problems for individuals and their families when left untreated, including family devastation, homelessness, and unemployment. It has been proven that successful prevention and treatment can dramat- ically reduce costs to the health care, criminal justice and social welfare systems. The tragic, cumulative and often fatal consequences of alcoholism and substance abuse are, however, preventable and treatable disabilities that require a coordinated and multi-faceted network of services. The legislature recognizes locally planned and implemented prevention as a primary means to avert the onset of alcoholism and substance abuse. It is the policy of the state to promote comprehensive, age appropriate education for children and youth and stimulate public awareness of the risks associated with alcoholism and substance abuse. Further, the legislature acknowledges the need for a coordinated state policy for the establishment of prevention and treatment programs designed to address the problems of chemical dependency among youth, including prevention and intervention efforts in school and community-based programs designed to identify and refer high risk youth in need of chemical dependency services. Substantial benefits can be gained through alcoholism and substance abuse treatment for both addicted individuals and their families. Posi- tive treatment outcomes that may be generated through a complete contin- uum of care offer a cost effective and comprehensive approach to reha- bilitating such individuals. The primary goals of the rehabilitation and recovery process are to restore social, family, lifestyle, vocational and economic supports by stabilizing an individual's physical and psychological functioning. The legislature recognizes the importance of varying treatment approaches and levels of care designed to meet each client's needs. Relapse prevention and aftercare are two primary compo- nents of treatment that serve to promote and maintain recovery. The legislature recognizes that the distinct treatment needs of special populations, including women and women with children, persons with HIV infection, persons diagnosed with mental illness, persons who abuse chemicals, the homeless and veterans with posttraumatic stress disorder, merit particular attention. It is the intent of the legisla- ture to promote effective interventions for such populations in need of particular attention. The legislature also recognizes the importance of family support for individuals in alcohol or substance abuse treatment and recovery. Such family participation can provide lasting support to the recovering individual to prevent relapse and maintain recovery. The intergenerational cycle of chemical dependency within families can be intercepted through appropriate interventions. The state of New York and its local governments have a responsibility in coordinating the delivery of alcoholism and substance abuse services, through the entire network of service providers. To accomplish these objectives, the legislature declares that the establishment of a single, unified office of [alcoholism and substance abuse services] MENTAL HEALTH, ADDICTION AND WELLNESS will provide an integrated framework to S. 5084--B 7 plan, oversee and regulate the state's prevention and treatment network. In recognition of the growing trends and incidence of chemical dependen- cy, this consolidation allows the state to respond to the changing profile of chemical dependency. The legislature recognizes that some distinctions exist between the alcoholism and substance abuse field and THE MENTAL HEALTH FIELD AND where appropriate, those distinctions may be preserved. Accordingly, it is the intent of the state to establish one office of [alcoholism and substance abuse services] MENTAL HEALTH, ADDICTION AND WELLNESS in furtherance of a comprehensive service deliv- ery system. § 7. Upon or prior to January 1, 2022, the governor may nominate an individual to serve as commissioner of the office of mental health, addiction and wellness. If such individual is confirmed by the senate prior to January 1, 2022, they shall become the commissioner of the office of mental health, addiction and wellness. The governor may designate a person to exercise the powers of the commissioner of the office of mental health, addiction and wellness on an acting basis, until confirmation of a nominee by the senate, who is hereby authorized to take such actions as are necessary and proper to implement the order- ly transition of the functions, powers as duties as herein provided, including the preparation for a budget request for the office as estab- lished by this act. § 8. Upon the transfer pursuant to this act of the functions and powers possessed by and all of the obligations and duties of the office of mental health and the office of addiction services and supports as established pursuant to the mental hygiene law and other laws, to the office of mental health, addiction and wellness as prescribed by this act, provision shall be made for the transfer of all employees from the office of mental health and the office of addiction services and supports into the office of mental health, addiction and wellness. Employees so transferred shall be transferred without further examina- tion or qualification to the same or similar titles and shall remain in the same collective bargaining units and shall retain their respective civil service classifications, status, and rights pursuant to their collective bargaining units and collective bargaining agreements. § 9. Notwithstanding any contrary provision of law, on or before Octo- ber 1, 2021 and annually thereafter, the office of mental health, addiction and wellness, in consultation with the department of health, shall issue a report, and post such report on their public website, detailing the office's expenditures for mental health and addiction services and supports, including total Medicaid spending directly by the state to licensed or designated providers and payments to managed care providers pursuant to section 364-j of the social services law. The office of mental health, addiction and wellness shall examine reports produced pursuant to this section and may make recommendations to the governor and the legislature regarding appropriations for mental health and addiction services and supports or other provisions of law which may be necessary to effectively implement the creation and continued opera- tion of the office. § 10. Any financial saving realized from the creation of the office of mental health, addiction and wellness shall be reinvested in the services and supports funded by such office. § 11. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the S. 5084--B 8 clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 12. This act shall take effect immediately. Effective immediately, the office of mental health and the office of addiction services and supports are authorized to promulgate the addition, amendment and/or repeal of any rule or regulation or engage in any work necessary for the implementation of this act on its effective date authorized to be made and completed on or before such effective date.
co-Sponsors
(D) 15th Senate District
(D, WF) 55th Senate District
(D) 26th Senate District
2021-S5084C (ACTIVE) - Details
- Current Committee:
- Assembly Alcoholism And Drug Abuse
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§1.03, 5.01, 5.03, 5.05, 7.01 & 19.01, add §§5.01-a & 5.01-b, Ment Hyg L
- Versions Introduced in 2023-2024 Legislative Session:
-
S2104
2021-S5084C (ACTIVE) - Sponsor Memo
BILL NUMBER: S5084C SPONSOR: HARCKHAM TITLE OF BILL: An act to amend the mental hygiene law, in relation to creating the office of addiction and mental health services PURPOSE: Establishes the office of addiction and mental health services SUMMARY OF PROVISIONS: Section 1 amends the mental hygiene law in relation to chapter 281 of the laws of 2019 to define the term "Commissioner" in relation to this act, as the commissioner of addiction and mental health services; and to merge the offices of mental hygiene and addiction services and supports to create the office of " office of addiction and mental health services" Section 2 amends section 5.01 of the mental hygiene law to provide
responsibilities and staffing associated with the office of addiction and mental health services. Additionally, a seven-person standing advi- sory committee on addiction and mental health services is created. Section 3 amends section 5.03 of the mental hygiene law to assign the head of the office of addiction and mental health services to be the commissioner. However, until the commissioner of the addiction and mental health services is appointed by the governor and confirmed by the senate, the commissioner of mental health and commissioner of addiction services and supports shall continue to oversee mental health and addiction services respectively and work collaboratively to integrate care for individuals with both mental health and substance use disorder. Section 4 amends section 5.05 of the mental hygiene law to provide the powers and duties of the head of the department and the office of addiction and mental health services. Section 5 amends section 7.01 of the mental hygiene law to expand on the declaration of policy and establish a new autonomous agency to be known as the office of addiction and mental health services. Section 6 amends section 19.01 of the mental hygiene law to include the office of addiction and mental health service in the legislature's declaration of policy and to modernize terminology. Section 7 provides that the Governor may nominate an individual to serve as commissioner of the office of mental health, addiction, and wellness upon or prior to January 1, 2023. If such an individual is confirmed by the Senate prior to January 1, 2023, they shall become the commissioner of said office. The Governor may designate a person to exercise the powers of the commissioner of addiction and mental health services until confirmation of a nominee by the Senate. Section 8 provides that all employees from the office of mental health and the office of addiction services and supports shall be transferred to the office of addiction and mental health services without further examinations or qualification to the same or similar titles and shall remain in the same collective bargaining units and shall retain their respective civil service classifications, status, and rights pursuant to their collection bargaining units and collective bargaining agreements. Section 9 requires that the office of addiction and mental health services shall issue an annual report and details specifications related to such a report. Section 10 requires that any financial savings realized from the creation of the office of addiction and mental health services shall be reinvested in the services and supports funded by such office. Section 11 states the severability clause. Section 13 states the effective date. JUSTIFICATION: For too long the state had provided one door for individuals suffering with Substance Use Disorder, and another for individuals with a mental health diagnosis. Lives have been lost, and outcomes have suffered when we are not treating the whole person. Integration of care from the Office of Mental Health and the Office of Addiction, Supports, and Services will improve outcomes for individuals suffering from co-occur- ring disorders. All savings realized will be reinvested in the new agency. The creation of a stakeholder standing advisory committee will provide the transpar- ency needed and guarantee a seat at the table for those most impacted. This committee will protect the workforce, and ensure we attain the legislative intent to integrate care. LEGISLATIVE HISTORY: This is a new bill. FISCAL IMPLICATIONS: None to the State. EFFECTIVE DATE: This act shall take effect immediately. Effective Immediately, the office of mental health and the office of addiction services and supports are authorized to promulgate the addition, amendment and/or repeal of any rule or regulation or engage in any work necessary for the implementation of this act on its effective date authorized to be made and completed on or before such effective date.
2021-S5084C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5084--C 2021-2022 Regular Sessions I N S E N A T E February 23, 2021 ___________ Introduced by Sens. HARCKHAM, ADDABBO, BROUK, GOUNARDES -- 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 commit- tee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Alcoholism and Substance Abuse in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to creating the office of addiction and mental health services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 2-a of section 1.03 of the mental hygiene law, subdivision 2 as amended and subdivision 2-a as added by chapter 281 of the laws of 2019, are amended to read as follows: 2. ["Commissioner" means the commissioner of mental health,] "COMMIS- SIONER" MEANS THE COMMISSIONER OF ADDICTION AND MENTAL HEALTH SERVICES AND the commissioner of developmental disabilities [and the commissioner of addiction services and supports] as used in this chapter. Any power or duty heretofore assigned to the commissioner of mental hygiene or to the department of mental hygiene pursuant to this chapter shall hereaft- er be assigned to the commissioner of [mental health] ADDICTION AND MENTAL HEALTH SERVICES in the case of facilities, programs, or services for individuals with [mental illness] A MENTAL HEALTH DIAGNOSIS, to the commissioner of developmental disabilities in the case of facilities, programs, or services for individuals with developmental disabilities, to the commissioner of addiction [services] and [supports] MENTAL HEALTH SERVICES in the case of facilities, programs, or addiction disorder services in accordance with the provisions of titles D and E of this chapter. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09785-07-1
S. 5084--C 2 2-a. Notwithstanding any other section of law or regulation, on and after the effective date of this subdivision, any and all references to the office of alcoholism and substance abuse services and the predeces- sor agencies to the office of alcoholism and substance abuse services including the division of alcoholism and alcohol abuse and the division of substance abuse services AND ALL REFERENCES TO THE OFFICE OF MENTAL HEALTH, shall be known as the "office of addiction [services] and [supports] MENTAL HEALTH SERVICES." Nothing in this subdivision shall be construed as requiring or prohibiting the further amendment of stat- utes or regulations to conform to the provisions of this subdivision. § 2. Section 5.01 of the mental hygiene law, as amended by chapter 281 of the laws of 2019, is amended and two new sections 5.01-a and 5.01-b are added to read as follows: § 5.01 Department of mental hygiene. There shall continue to be in the state government a department of mental hygiene. Within the department there shall be the following autonomous offices: (1) office of ADDICTION AND mental health SERVICES; AND (2) office for people with developmental disabilities[; (3) office of addiction services and supports]. § 5.01-A OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES. (A) THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES SHALL BE A NEW OFFICE WITHIN THE DEPARTMENT FORMED BY THE INTEGRATION OF THE OFFICES AND SERVICES OF MENTAL HEALTH AND ADDICTION SERVICES AND SUPPORTS WHICH SHALL FOCUS ON THE INTEGRATION OF CARE AND ISSUES RELATED TO BOTH MENTAL ILLNESS AND ADDICTION IN THE STATE AND CARRY OUT THE INTENT OF THE LEGISLATURE IN ESTABLISHING THE OFFICES PURSUANT TO ARTICLES SEVEN AND NINETEEN OF THIS CHAPTER. THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES IS CHARGED WITH ENSURING THE DEVELOPMENT OF COMPREHENSIVE PLANS FOR THE INTEGRATION OF PROGRAMS AND SERVICES IN THE AREA OF RESEARCH, PREVENTION, CARE AND TREATMENT, CO-OCCURING DISORDERS, REHABILITATION, EDUCATION AND TRAINING, AND SHALL BE STAFFED TO PERFORM THE RESPONSIBIL- ITIES ATTRIBUTED TO THE OFFICE PURSUANT TO SECTIONS 7.07 AND 19.07 OF THIS CHAPTER AND PROVIDE INTEGRATED SERVICES AND PROGRAMS TO PROMOTE RECOVERY FOR INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS, SUBSTANCE USE DISORDER, OR A MENTAL HEALTH DIAGNOSIS AND SUBSTANCE USE DISORDER. (B) THE COMMISSIONER OF THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES SHALL BE VESTED WITH THE POWERS, DUTIES, AND OBLIGATIONS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. ADDITIONALLY, TWO DEPUTY COMMISSIONERS SHALL BE APPOINTED, ONE DEPUTY COMMISSIONER TO REPRESENT ADDICTION SERVICES AND SUPPORTS, WHICH SHALL BE PROMINENTLY REPRESENTED TO ENSURE THE NEEDS OF SUBSTANCE USE DISORDER COMMUNITIES ARE MET, AND ONE DEPUTY COMMISSIONER TO REPRE- SENT MENTAL HEALTH SERVICES. IN CONJUNCTION WITH ONE ANOTHER, THE COMMISSIONERS SHALL DEVELOP A PLAN FOR INTEGRATING SERVICES WHICH SHALL BE MADE AVAILABLE FOR PUBLIC COMMENT. (C) THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES MAY LICENSE PROVIDERS TO PROVIDE INTEGRATED SERVICES FOR INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS, SUBSTANCE USE DISORDER, OR A MENTAL HEALTH DIAGNOSIS AND SUBSTANCE USE DISORDER, IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER. SUCH DIRECT LICENSING MECHANISM ALLOWS FOR RESOURCES TO GET TO COMMUNITY-BASED ORGANIZATIONS IN AN EXPEDITED MANNER. (D) THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES SHALL ESTABLISH A STANDING ADVISORY COMMITTEE ON ADDICTION AND MENTAL HEALTH SERVICES. THE STANDING ADVISORY COMMITTEE SHALL CONSIST OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR AS FOLLOWS: (I) TWO MEMBERS APPOINTED ON THE RECOMMENDA- S. 5084--C 3 TION OF THE TEMPORARY PRESIDENT OF THE SENATE; (II) TWO MEMBERS APPOINTED ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY; (III) ONE MEMBER APPOINTED ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE SENATE; (IV) ONE MEMBER APPOINTED ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY; AND (V) ONE MEMBER APPOINTED ON THE RECOMMENDA- TION OF THE DEPARTMENT OF HEALTH AIDS INSTITUTE, THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS TO ENSURE THE INTENT OF THE LEGISLATURE IS FULFILLED IN ESTABLISHING THE INTEGRATION OF SERVICES BY SUCH OFFICE. SUCH STANDING ADVISORY COMMITTEE SHALL CONSIST OF PROVIDERS, PEERS, FAMILY MEMBERS, INDIVIDUALS WHO HAVE UTILIZED ADDICTION SERVICES AND SUPPORTS AND/OR MENTAL HEALTH SERVICES, THE LOCAL GOVERNMENT UNIT AS DEFINED IN ARTICLE FORTY-ONE OF THIS CHAP- TER, PUBLIC AND PRIVATE SECTOR UNIONS AND REPRESENTATIVES OF OTHER AGEN- CIES OR OFFICES AS THE DESIGNATED STANDING ADVISORY COMMITTEE MAY DEEM NECESSARY. SUCH STANDING ADVISORY COMMITTEE SHALL MEET REGULARLY IN FURTHERANCE OF ITS FUNCTIONS AND AT ANY OTHER TIME AT THE REQUEST OF THE DESIGNATED STANDING ADVISORY COMMITTEE LEADER. § 5.01-B OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES. UNTIL JANUARY FIRST, TWO THOUSAND TWENTY-THREE, THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES SHALL CONSIST OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. § 3. Section 5.03 of the mental hygiene law, as amended by chapter 281 of the laws of 2019, is amended to read as follows: § 5.03 Commissioners. The head of the office of ADDICTION AND mental health SERVICES shall be the commissioner of [mental health] ADDICTION AND MENTAL HEALTH SERVICES; AND the head of the office for people with developmental disa- bilities shall be the commissioner of developmental disabilities[; and the head of the office of addiction services and supports shall be the commissioner of addiction services and supports]. Each commissioner shall be appointed by the governor, by and with the advice and consent of the senate, to serve at the pleasure of the governor. UNTIL THE COMMISSIONER OF ADDICTION AND MENTAL HEALTH SERVICES IS APPOINTED BY THE GOVERNOR AND CONFIRMED BY THE SENATE, THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS SHALL CONTINUE TO OVERSEE MENTAL HEALTH AND ADDICTION SERVICES RESPECTIVELY, AND WORK COLLABORATIVELY TO INTEGRATE CARE FOR INDIVIDUALS WITH BOTH MENTAL HEALTH AND SUBSTANCE USE DISORDERS. § 4. Section 5.05 of the mental hygiene law, as added by chapter 978 of the laws of 1977, subdivision (a) as amended by chapter 168 of the laws of 2010, subdivision (b) as amended by chapter 294 of the laws of 2007, paragraph 1 of subdivision (b) as amended by section 14 of part J of chapter 56 of the laws of 2012, subdivision (d) as added by chapter 58 of the laws of 1988 and subdivision (e) as added by chapter 588 of the laws of 2011, is amended to read as follows: § 5.05 Powers and duties of the head of the department. (a) The commissioners of the office of ADDICTION AND mental health SERVICES and the office for people with developmental disabilities, as the heads of the department, shall jointly visit and inspect, or cause to be visited and inspected, all facilities either public or private used for the care, treatment [and], rehabilitation, AND RECOVERY of individuals with A mental [illness] HEALTH DIAGNOSIS, SUBSTANCE USE DISORDER and developmental disabilities in accordance with the require- ments of section four of article seventeen of the New York state consti- tution. S. 5084--C 4 (b) (1) The commissioners of the office of ADDICTION AND mental health[,] SERVICES AND the office for people with developmental disabil- ities [and the office of alcoholism and substance abuse services] shall constitute an inter-office coordinating council which, consistent with the autonomy of each office for matters within its jurisdiction, shall ensure that the state policy for the prevention, care, treatment [and], rehabilitation, AND RECOVERY of individuals with A mental [illness] HEALTH DIAGNOSIS, SUBSTANCE USE DISORDERS and developmental disabili- ties[, alcoholism, alcohol abuse, substance abuse, substance dependence, and chemical dependence] is planned, developed and implemented compre- hensively; that gaps in services to individuals with multiple disabili- ties are eliminated and that no person is denied treatment and services because he or she has more than one disability; that procedures for the regulation of programs which offer care and treatment for more than one class of persons with mental disabilities be coordinated between the offices having jurisdiction over such programs; and that research projects of the institutes, as identified in section 7.17 [or], 13.17, OR 19.17 of this chapter or as operated by the office for people with developmental disabilities, are coordinated to maximize the success and cost effectiveness of such projects and to eliminate wasteful dupli- cation. (2) The inter-office coordinating council shall annually issue a report on its activities to the legislature on or before December thir- ty-first. Such annual report shall include, but not be limited to, the following information: proper treatment models and programs for persons with multiple disabilities and suggested improvements to such models and programs; research projects of the institutes and their coordination with each other; collaborations and joint initiatives undertaken by the offices of the department; consolidation of regulations of each of the offices of the department to reduce regulatory inconsistencies between the offices; inter-office or office activities related to workforce training and development; data on the prevalence, availability of resources and service utilization by persons with multiple disabilities; eligibility standards of each office of the department affecting clients suffering from multiple disabilities, and eligibility standards under which a client is determined to be an office's primary responsibility; agreements or arrangements on statewide, regional and local government levels addressing how determinations over client responsibility are made and client responsibility disputes are resolved; information on any specific cohort of clients with multiple disabilities for which substan- tial barriers in accessing or receiving appropriate care has been reported or is known to the inter-office coordinating council or the offices of the department; and coordination of planning, standards or services for persons with multiple disabilities between the inter-office coordinating council, the offices of the department and local govern- ments in accordance with the local planning requirements set forth in article forty-one of this chapter. (c) The commissioners shall meet from time to time with the New York state conference of local mental hygiene directors to assure consistent procedures in fulfilling the responsibilities required by this section and by article forty-one of this chapter. (d) [1.] (1) The commissioner of ADDICTION AND mental health SERVICES shall evaluate the type and level of care required by patients in the adult psychiatric centers authorized by section 7.17 of this chapter and develop appropriate comprehensive requirements for the staffing of inpa- tient wards. These requirements should reflect measurable need for S. 5084--C 5 administrative and direct care staff including physicians, nurses and other clinical staff, direct and related support and other support staff, established on the basis of sound clinical judgment. The staffing requirements shall include but not be limited to the following: (i) the level of care based on patient needs, including on ward activities, (ii) the number of admissions, (iii) the geographic location of each facili- ty, (iv) the physical layout of the campus, and (v) the physical design of patient care wards. [2.] (2) Such commissioner, in developing the requirements, shall provide for adequate ward coverage on all shifts taking into account the number of individuals expected to be off the ward due to sick leave, workers' compensation, mandated training and all other off ward leaves. [3.] (3) The staffing requirements shall be designed to reflect the legitimate needs of facilities so as to ensure full accreditation and certification by appropriate regulatory bodies. The requirements shall reflect appropriate industry standards. The staffing requirements shall be fully measurable. [4.] (4) The commissioner of ADDICTION AND mental health SERVICES shall submit an interim report to the governor and the legislature on the development of the staffing requirements on October first, [nineteen hundred eighty-eight] TWO THOUSAND TWENTY-TWO and again on April first, [nineteen hundred eighty-nine] TWO THOUSAND TWENTY-THREE. The commis- sioner shall submit a final report to the governor and the legislature no later than October first, [nineteen hundred eighty-nine] TWO THOUSAND TWENTY-THREE and shall include in his report a plan to achieve the staffing requirements and the length of time necessary to meet these requirements. (e) The commissioners of the office of ADDICTION AND mental health[,] SERVICES AND THE office for people with developmental disabilities[, and the office of alcoholism and substance abuse services] shall cause to have all new contracts with agencies and providers licensed by the offices to have a clause requiring notice be provided to all current and new employees of such agencies and providers stating that all instances of abuse shall be investigated pursuant to this chapter, and, if an employee leaves employment prior to the conclusion of a pending abuse investigation, the investigation shall continue. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any other law or regulation or under any collective bargaining agreement or employment contract. § 5. Section 7.01 of the mental hygiene law, as added by chapter 978 of the laws of 1977, is amended to read as follows: § 7.01 Declaration of policy. The state of New York and its local governments have a responsibility for the prevention and early detection of mental [illness] HEALTH DISOR- DERS and for the comprehensively planned care, treatment [and], rehabil- itation AND RECOVERY of [their mentally ill citizens] INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS. Therefore, it shall be the policy of the state to conduct research and to develop programs which further prevention and early detection of mental [illness] HEALTH DISORDERS; to develop a comprehensive, inte- grated system of treatment [and], rehabilitative AND RECOVERY services for [the mentally ill] INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS. Such a system should include, whenever possible, the provision of necessary treatment services to people in their home communities; it should assure the adequacy and appropriateness of residential arrangements for people in need of service; and it should rely upon improved programs of insti- S. 5084--C 6 tutional care only when necessary and appropriate. Further, such a system should recognize the important therapeutic roles of all disci- plines which may contribute to the care or treatment of [the mentally ill] INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS, such as psychology, social work, psychiatric nursing, special education and other disci- plines in the field of mental illness, as well as psychiatry and should establish accountability for implementation of the policies of the state with regard to the care [and], rehabilitation AND RECOVERY of [the mentally ill] INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS. To facilitate the implementation of these policies and to further advance the interests of [the mentally ill] INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS and their families, a new autonomous agency to be known as the office of ADDICTION AND mental health SERVICES has been estab- lished by this article. The office and its commissioner shall plan and work with local governments, voluntary agencies and all providers and consumers of mental health services in order to develop an effective, integrated, comprehensive system for the delivery of all services to [the mentally ill] INDIVIDUALS WITH A MENTAL HEALTH DIAGNOSIS and to create financing procedures and mechanisms to support such a system of services to ensure that [mentally ill] persons in need of services receive appropriate care, treatment and rehabilitation close to their families and communities. In carrying out these responsibilities, the office and its commissioner shall make full use of existing services in the community including those provided by voluntary organizations. § 6. Section 19.01 of the mental hygiene law, as added by chapter 223 of the laws of 1992, is amended to read as follows: § 19.01 Declaration of policy. The legislature declares the following: [Alcoholism] UNHEALTHY ALCOHOL USE, substance [abuse] USE DISORDER and chemical dependence pose major health and social problems for individ- uals and their families when left untreated, including family devas- tation, homelessness, [and] unemployment, AND DEATH. It has been proven that successful prevention [and], INTEGRATED treatment, AND SUSTAINED RECOVERY can dramatically reduce costs to the health care, criminal justice and social welfare systems. The tragic, cumulative and often fatal consequences of [alcoholism] UNHEALTHY ALCOHOL USE and substance [abuse] USE DISORDER are, however, preventable and treatable disabilities that require a coordinated and multi-faceted network of services. The legislature recognizes locally planned and implemented prevention as a primary means to avert the onset of [alcoholism] UNHEALTHY ALCOHOL USE and substance [abuse] USE DISORDER. It is the policy of the state to promote comprehensive, age appropriate education for children and youth and stimulate public awareness of the risks associated with [alcoholism] UNHEALTHY ALCOHOL USE and substance [abuse] USE DISORDER. Further, the legislature acknowledges the need for a coordinated state policy for the establishment of prevention [and], treatment, AND RECOVERY programs designed to address the problems of chemical dependency among youth, including prevention and intervention efforts in school and community- based programs designed to identify and refer high risk youth in need of chemical dependency services. Substantial benefits can be gained through [alcoholism] UNHEALTHY ALCOHOL USE and substance [abuse] USE DISORDER treatment for both addicted individuals and their families. Positive treatment outcomes that may be generated through a complete continuum of care offer a cost effective and comprehensive approach to [rehabilitating] TREATING such S. 5084--C 7 individuals. The primary goals of the [rehabilitation] TREATMENT and recovery process are to [restore] REBUILD social, family, lifestyle, vocational and economic supports by stabilizing an individual's physical and psychological functioning. The legislature recognizes the impor- tance of varying treatment approaches and levels of care designed to meet each [client's] INDIVIDUAL'S needs. [Relapse] REOCCURRENCE prevention and aftercare are two primary components of treatment that serve to promote and maintain recovery. The legislature recognizes that the distinct treatment needs of special populations, including women and women with children, persons with HIV infection, persons [diagnosed] with A mental [illness] HEALTH DIAGNOSIS, persons who [abuse] MISUSE chemicals, the homeless and veter- ans with posttraumatic stress disorder, merit particular attention. It is the intent of the legislature to promote effective interventions for such populations in need of particular attention. The legislature also recognizes the importance of family support for individuals in alcohol or substance [abuse] USE DISORDER treatment and recovery. Such family participation can provide lasting support to the recovering individual to [prevent relapse and maintain] SUPPORT SUSTAINED recovery. The inter- generational cycle of chemical dependency within families can be inter- cepted through appropriate interventions. The state of New York and its local governments have a responsibility in coordinating the delivery of [alcoholism] UNHEALTHY ALCOHOL USE and substance [abuse] USE DISORDER services, through the entire network of service providers. To accomplish these objectives, the legislature declares that the establishment of a single, unified office of [alcohol- ism and substance abuse] ADDICTION AND MENTAL HEALTH services will provide an integrated framework to plan, oversee and regulate the state's prevention and treatment network. In recognition of the growing trends and incidence of chemical dependency, this consolidation allows the state to respond to the changing profile of chemical dependency. The legislature recognizes that some distinctions exist between the [alcoholism] UNHEALTHY ALCOHOL USE and substance [abuse] USE DISORDER field and THE MENTAL HEALTH FIELD AND where appropriate, those distinctions may be preserved. Accordingly, it is the intent of the state to establish one office of [alcoholism and substance abuse] ADDICTION AND MENTAL HEALTH services in furtherance of a comprehensive service delivery system. § 7. Upon or prior to January 1, 2023, the governor may nominate an individual to serve as commissioner of the office of addiction and mental health services. If such individual is confirmed by the senate prior to January 1, 2023, they shall become the commissioner of the office of addiction and mental health services. The governor may desig- nate a person to exercise the powers of the commissioner of the office of addiction and mental health services on an acting basis, until confirmation of a nominee by the senate, who is hereby authorized to take such actions as are necessary and proper to implement the orderly transition of the functions, powers as duties as herein provided, including the preparation for a budget request for the office as estab- lished by this act. § 8. Upon the transfer pursuant to this act of the functions and powers possessed by and all of the obligations and duties of the office of mental health and the office of addiction services and supports as established pursuant to the mental hygiene law and other laws, to the office of addiction and mental health services as prescribed by this act, provision shall be made for the transfer of all employees from the S. 5084--C 8 office of mental health and the office of addiction services and supports into the office of addiction and mental health services. Employees so transferred shall be transferred without further examina- tion or qualification to the same or similar titles and shall remain in the same collective bargaining units and shall retain their respective civil service classifications, status, and rights pursuant to their collective bargaining units and collective bargaining agreements. § 9. Notwithstanding any contrary provision of law, on or before Octo- ber 1, 2022 and annually thereafter, the office of addiction and mental health services, in consultation with the department of health, shall issue a report, and post such report on their public website, detailing the office's expenditures for addiction and mental health services, including total Medicaid spending directly by the state to licensed or designated providers and payments to managed care providers pursuant to section 364-j of the social services law. The office of addiction and mental health services shall examine reports produced pursuant to this section and may make recommendations to the governor and the legislature regarding appropriations for addiction and mental health services or other provisions of law which may be necessary to effectively implement the creation and continued operation of the office. § 10. Any financial saving realized from the creation of the office of addiction and mental health services shall be reinvested in the services and supports funded by such office. § 11. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdic- tion to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 12. This act shall take effect immediately. Effective immediately, the office of mental health and the office of addiction services and supports are authorized to promulgate the addition, amendment and/or repeal of any rule or regulation or engage in any work necessary for the implementation of this act on its effective date authorized to be made and completed on or before such effective date.
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