The New York State Senate

 
                     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.

 
                     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.

 
                     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.