S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7693
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the mental hygiene law, in relation  to  establishing  a
   council  for  treatment equity within the office of addiction services
   and supports
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  19.45  of  the mental hygiene law, as added by a
 chapter of the laws of 2021 amending the mental hygiene law relating  to
 establishing  a  council  for  treatment  equity  within  the  office of
 addiction services  and  supports,  as  proposed  in  legislative  bills
 numbers S. 679-A and A. 1927-A, is amended to read as follows:
 § 19.45 The council for treatment equity.
   1. Definitions. As used in this section:
   (a)  "Council" shall mean the council for treatment equity, WITHIN THE
 OFFICE OF ADDICTION SERVICES AND  SUPPORTS,  created  pursuant  to  this
 section which shall consist of a [full time] director and any additional
 full  or  part-time staff the commissioner deems necessary to effectuate
 the provisions of this section.
   (b) ["Treatment equity advisory board" shall mean the  advisory  board
 to the council, created pursuant to subdivision three of this section.
   (c)]  "Vulnerable  populations"  shall mean those who have experienced
 injustices and disadvantages as a result of their race, ethnicity, sexu-
 al orientation, gender identity, disability status,  age,  socioeconomic
 status  and/or  any other status which has caused a person to experience
 injustices and disadvantages.
   [(d)] (C) "Racially and ethnically diverse areas" shall mean  counties
 where  the  non-white population is forty percent or more or the service
 area  of  an  agency,  corporation,  facility  or  individual  providing
 substance  use  disorder services where the non-white population of said
 area is forty percent or more.
   [(e)] (D) "Provider of services" shall mean any  agency,  corporation,
 facility  or  individual  providing  substance  use disorder services to
 vulnerable populations.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00661-05-2
 S. 7693                             2
 
   [(f)] (E) "Treatment disparities" shall mean measurable differences in
 access to and quality of substance use disorder services  as  determined
 by  race,  ethnicity,  sexual  orientation,  gender identity, disability
 status, age and socioeconomic status.
   [(g)] (F) "Treatment equity" shall mean achieving the highest level of
 substance  use disorder services for all people and shall entail focused
 efforts to address avoidable inequalities by equalizing those conditions
 for substance use disorder services  for  those  that  have  experienced
 injustices and socioeconomic disadvantages.
   2.  The  council for treatment equity. There is hereby created, WITHIN
 THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, a council  for  treatment
 equity.  The council, in conjunction with the [treatment equity advisory
 board]  BEHAVIORAL  HEALTH  SERVICES  ADVISORY  COUNCIL,  shall have the
 following powers and duties:
   (a) Work collaboratively with [the office, other] relevant state agen-
 cies, [the] local  governmental  [unit]  UNITS  as  defined  in  article
 forty-one  of  this  chapter and other affected stakeholders, including,
 but not limited to, providers to and representatives of vulnerable popu-
 lations, in order to set priorities to achieve treatment equity in  both
 racial  and  ethnically  diverse  areas  and  for vulnerable populations
 throughout the state;
   (b) Analyze collected  data  to  determine  the  causes  of  treatment
 disparities  in  both  racially  and  ethnically  diverse  areas and for
 vulnerable populations throughout the  state,  including  any  economic,
 physical, social or cultural barriers;
   (c)  Develop  and  implement  strategies  aimed at achieving treatment
 equity in racially and ethnically diverse  areas  and  among  vulnerable
 populations;
   (d) Promote community involvement by conducting promotional and educa-
 tional outreach programs regarding substance use disorders and available
 services; and
   (e)  Review  the  impact of current laws, rules, regulations, policies
 and programs that may be affecting  the  ability  to  achieve  treatment
 equity.
   3.  [The  treatment  equity  advisory  board. (a) The treatment equity
 advisory board shall consist of thirteen members. Six members  shall  be
 appointed  by  the  governor,  three  members appointed by the temporary
 president of the senate, three members appointed by the speaker  of  the
 assembly and the final member shall be the chairperson of the conference
 of  local  mental  hygiene directors, or his or her designee. The chair-
 person of the board shall be the commissioner or their designee.
   (b) The members of the board shall be from the community  with  exper-
 tise  in  conducting  substance  use  disorder  services. In making such
 appointments, due consideration shall  be  given  to  ensuring  adequate
 geographic representation.
   (c)  The  term of office for each member of the treatment equity advi-
 sory board shall be two years. Vacancies in the treatment  equity  advi-
 sory  board, other than by expiration of a term, shall be filled for the
 remainder of the unexpired term in the same manner as original  appoint-
 ments.
   (d)  The  members of the treatment equity advisory board shall receive
 no compensation for their services, but  shall  be  reimbursed  for  all
 expenses actually and necessarily incurred by them in the performance of
 their  duties  under  this  section  within the amount made available by
 appropriation therefor.
 S. 7693                             3

   4.] Report. The council shall submit a written report to the governor,
 the temporary president of the senate and the speaker of the assembly no
 later than one year succeeding the effective date of  this  section  and
 annually  thereafter,  setting  forth  the findings, recommendations and
 activities  of the council on matters within the scope of its powers and
 duties as set forth in this section.
   § 2. Subdivisions (a), (b), (e) and (f) of section 5.06 of the  mental
 hygiene  law,  as added by section 2 of part N of chapter 56 of the laws
 of 2012, paragraph 5 of subdivision (b) as amended by section 31 of part
 AA of chapter 56 of the laws of 2019, are amended to read as follows:
   (a) There is hereby created within the department a behavioral  health
 services  advisory  council, the purpose of which shall be to advise the
 offices of mental health and [alcoholism and substance  abuse  services]
 ADDICTION  SERVICES AND SUPPORTS on matters relating to the provision of
 behavioral health services; issues of  joint  concern  to  the  offices,
 including  the integration of various behavioral health services and the
 integration of behavioral health services with  health  services;  [and]
 issues  related  to  the delivery of behavioral health services that are
 responsive to local, state and federal concerns; AND ISSUES  RELATED  TO
 TREATMENT  DISPARITIES AND TREATMENT EQUITY, AS DEFINED IN SECTION 19.45
 OF THIS CHAPTER. The council  shall  consist  of  the  commissioners  of
 mental health and of [alcoholism and substance abuse services] ADDICTION
 SERVICES  AND  SUPPORTS, who shall not have the right to vote, the chair
 of the conference of local mental hygiene directors or his or her desig-
 nee, and [twenty-eight] THIRTY-TWO members appointed  by  the  governor,
 upon  the  advice and consent of the senate.  Members shall be appointed
 only if they have professional knowledge in the care of persons  receiv-
 ing  behavioral health services, or an active interest in the behavioral
 health services system.
   (b) The governor shall designate one of the members of the council  as
 chair.  At  least  one-half  of  the members of the council shall not be
 providers of behavioral health  services.  Membership  shall  reflect  a
 balanced  representation  of persons with interests in mental health and
 substance use disorder services and shall include:
   (1) at least five current or former  consumers  of  behavioral  health
 services;
   (2) at least three individuals who are parents or relatives of current
 or former consumers of behavioral health services;
   (3)  at least three members who are not providers of behavioral health
 services and who represent non-governmental organizations, such as  not-
 for-profit  entities  representing  health  or  behavioral  health  care
 employees, private payors of behavioral health services, or other organ-
 izations concerned with the provision of behavioral health services;
   (4) at least five representatives of providers of services to  persons
 with  mental  illness  and at least five representatives of providers of
 services to persons with substance use disorders, at least two  of  whom
 shall  be  physicians  and  at  least  one  of  whom shall have provided
 services to veterans who served in a combat theater or  combat  zone  of
 operations;
   (5)  one  member appointed on the recommendation of the state director
 of the division of veterans' services and one member  appointed  on  the
 recommendation  of  the adjutant general of the division of military and
 naval affairs, at least one of whom shall be a current or former consum-
 er of mental health services or substance use disorder services who is a
 veteran who has served in a combat theater or combat zone of  operations
 and is a member of a veterans organization;
 S. 7693                             4

   (6) at least three representatives of local governments or other state
 and  local  agencies  concerned  with the provision of behavioral health
 services; [and]
   (7) at least two members who are also members of the public health and
 health  planning  council  pursuant to section two hundred twenty of the
 public health law[.]; AND
   (8) AT LEAST FOUR MEMBERS THAT HAVE EXPERTISE IN ISSUES FACING VULNER-
 ABLE POPULATIONS, AS DEFINED IN SECTION 19.45 OF THIS CHAPTER,  WHO  ARE
 RECEIVING OR SEEKING TO RECEIVE SUBSTANCE USE DISORDER SERVICES. OF SUCH
 MEMBERS,  ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR AT THE RECOMMEN-
 DATION OF THE TEMPORARY PRESIDENT OF THE SENATE,  ONE  MEMBER  SHALL  BE
 APPOINTED  BY  THE GOVERNOR AT THE RECOMMENDATION OF THE MINORITY LEADER
 OF THE SENATE, ONE MEMBER SHALL BE APPOINTED  BY  THE  GOVERNOR  AT  THE
 RECOMMENDATION  OF  THE  SPEAKER OF THE ASSEMBLY AND ONE MEMBER SHALL BE
 APPOINTED BY THE GOVERNOR AT THE RECOMMENDATION OF THE  MINORITY  LEADER
 OF THE ASSEMBLY.
   (e)  The council shall establish such committees as it deems necessary
 to address the service needs  of  special  populations  and  to  address
 particular  subjects  of importance in the development and management of
 behavioral health services. PROVIDED HOWEVER, THE COUNCIL  SHALL  ESTAB-
 LISH  A COMMITTEE TO SPECIFICALLY FOCUS ON SUBSTANCE USE DISORDER TREAT-
 MENT DISPARITIES THAT MAY EXIST FOR VULNERABLE POPULATIONS,  AS  DEFINED
 IN SECTION 19.45 OF THIS CHAPTER.
   (f) The council may consider any matter relating to the improvement of
 behavioral health services in the state and shall advise the commission-
 ers on any such matter, including, but not limited to:
   (1)  care  and  services  to persons with behavioral health disorders,
 including special and  underserved  populations  as  determined  by  the
 commissioner;
   (2) financing behavioral health services;
   (3) integration of behavioral health services with health services;
   (4)  care  and  services  for  persons  with co-occurring disorders or
 multiple disabilities;
   (5) prevention of behavioral health disorders; [and]
   (6) improvement of care in state operated or community based programs,
 recruitment, education and training of qualified direct care  personnel,
 and  protection of the interests of employees affected by adjustments in
 the behavioral health service system[.]; AND
   (7) WAYS TO ACHIEVE TREATMENT EQUITY, AS DEFINED IN SECTION  19.45  OF
 THIS CHAPTER.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2021 amending the mental hygiene  law
 relating  to  establishing  a  council  for  treatment equity within the
 office of addiction services and supports, as  proposed  in  legislative
 bills numbers S. 679-A and A. 1927-A, takes effect.