Assembly Bill A10257

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10257
 
                           I N  A S S E M B L Y
 
                               May 15, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. K. Brown) --
   read once and referred to the Committee on Mental Health
 
 AN  ACT  to  amend the mental hygiene law, in relation to establishing a
   co-occurring disorders patient bill of rights
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The mental hygiene law is amended by adding a new section
 19.47 to read as follows:
 § 19.47 CO-OCCURRING DISORDERS PATIENT BILL OF RIGHTS.
   THE OFFICE SHALL, IN CONJUNCTION WITH STATE  AGENCIES  WHICH  INTERACT
 WITH  PERSONS WITH CO-OCCURRING DISORDERS INCLUDING, BUT NOT LIMITED TO,
 THE OFFICE OF MENTAL HEALTH, DEPARTMENT OF SOCIAL  SERVICES,  OFFICE  OF
 CHILDREN  AND  FAMILY SERVICES, DEPARTMENT OF CORRECTIONS, DEPARTMENT OF
 HEALTH, DEPARTMENT OF FINANCIAL SERVICES, AND THE DEPARTMENT  OF  EDUCA-
 TION,  ADOPT A CO-OCCURRING DISORDERS PATIENT BILL OF RIGHTS WHICH SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   1. THE RIGHT TO BE WELCOMED/NONDISCRIMINATION: INDIVIDUALS  AND  FAMI-
 LIES  SEEKING  AND  RECEIVING TREATMENT FOR CO-OCCURRING DISORDERS SHALL
 RECEIVE SERVICES WITHOUT REGARD TO AGE, RACE, COLOR, SEXUAL ORIENTATION,
 RELIGION, MARITAL STATUS, SEX,  DISABILITY,  GENDER  IDENTITY,  NATIONAL
 ORIGIN, PAYMENT SOURCE OR ANY OTHER PROTECTED BASIS.
   2.  THE  RIGHT  TO HAVE CO-OCCURRING DISORDERS NEEDS ACCURATELY RECOG-
 NIZED:   INDIVIDUALS WITH CO-OCCURRING DISORDERS,  AND  THEIR  FAMILIES,
 SHALL  RECEIVE  APPROPRIATE  SCREENING  FOR THE PRESENCE OF CO-OCCURRING
 DISORDERS, ACCURATE DOCUMENTATION OF  THE  RESULTS  OF  THAT  SCREENING,
 COMPLETE  ACCESS  TO THEIR HEALTH RECORDS AND COST ESTIMATES, AND TIMELY
 ACCESS TO COMPETENT RE-ASSESSMENTS WHEN NEEDED.
   3. THE RIGHT TO RECEIVE CO-OCCURRING  DISORDERS  SERVICES  MATCHED  TO
 NEEDS:  INDIVIDUALS  SHALL  RECEIVE  INTEGRATED,  CO-OCCURRING DISORDERS
 CAPABLE SERVICES FOR THEIR CO-OCCURRING MENTAL HEALTH AND SUBSTANCE  USE
 DISORDER  CONDITIONS  THAT  ARE APPROPRIATELY MATCHED TO THEIR NEEDS AND
 PREFERENCES, INCLUDING, BUT NOT LIMITED TO ACUITY, SEVERITY,  AND  STAGE
 OF  CHANGE  FOR EACH CONDITION.  THIS RIGHT SHALL APPLY TO MENTAL HEALTH
 AND/OR SUBSTANCE USE DISORDER ADDICTION PROGRAMS FOR ADULTS AND/OR CHIL-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15513-01-4
 A. 10257                            2

 DREN AND YOUTH IN HOSPITAL-BASED, RESIDENTIAL, COMMUNITY-BASED  SETTINGS
 AND AT SCHOOL-BASED MENTAL HEALTH SATELLITES.
   4.  THE RIGHT TO RECEIVE THE HIGHEST QUALITY OF CO-OCCURRING DISORDERS
 TREATMENT: IN EVERY SETTING,  INDIVIDUALS  AND  FAMILIES  SHALL  RECEIVE
 HIGH-QUALITY EVIDENCE-BASED CO-OCCURRING DISORDERS SERVICES, INCLUDING A
 FULL  ARRAY OF BEST AND PROMISING PRACTICES FOR MEDICATION AND NON-MEDI-
 CATION INTERVENTIONS FOR BOTH MENTAL HEALTH AND SUBSTANCE  USE  DISORDER
 NEEDS.
   5.  THE  RIGHT  TO  CONTINUITY  OF CARE: INDIVIDUALS WITH CO-OCCURRING
 DISORDERS, AND THEIR FAMILIES, SHALL RECEIVE APPROPRIATELY MATCHED  HELP
 FOR  BOTH CONDITIONS FOR AS LONG AS THEY NEED THAT HELP. THE EXPECTATION
 THAT INDIVIDUALS CAN RELY ON SELF-HELP AFTER ONLY A  SINGLE  EPISODE  OF
 CARE  IN  A PROGRAM WITH LIMITED LENGTH OF STAY SHALL BE DEEMED INAPPRO-
 PRIATE FOR PEOPLE WHO ARE LIKELY TO HAVE NOT  ONE,  BUT  TWO  PERSISTENT
 CONDITIONS THAT MAY REQUIRE HELP FOR AN EXTENDED TIME-PERIOD.
   6.  THE  RIGHT  TO  HELP  AND HOPE FOR FAMILY AND LOVED ONES: FAMILIES
 SHALL BE INVOLVED IN CONTRIBUTING TO THE CARE OF THEIR LOVED  ONES,  AND
 RECEIVING QUALITY EDUCATION, SUPPORT, AND TREATMENT TO HELP THEM HEAL.
   7.  THE  RIGHT  FOR PEOPLE AT RISK TO HAVE ACCESS TO PREVENTION: YOUNG
 PEOPLE WITH EITHER MENTAL HEALTH OR SUBSTANCE USE DISORDER ARE AT HIGHER
 RISK OF DEVELOPING CO-OCCURRING DISORDERS, AND THEIR FAMILIES, AND SHALL
 RECEIVE EDUCATIONAL AND PREVENTIVE INTERVENTIONS AS SOON AS POSSIBLE  IN
 BOTH  NORMATIVE  SETTINGS,  INCLUDING BUT NOT LIMITED TO SCHOOLS, AND IN
 TREATMENT SETTINGS, INCLUDING  BUT  NOT  LIMITED  TO  BEHAVIORAL  HEALTH
 PROGRAMS TREATING CHILDREN AND YOUTH.
   8.  THE  RIGHT  TO ACCOUNTABILITY AND REDRESS: CONSUMERS SHALL RECEIVE
 SERVICES WITHIN A FULLY TRANSPARENT SYSTEM WHERE PAYORS,  PROVIDERS  AND
 GOVERNMENT WORK IN PARTNERSHIP, GUIDED BY INPUT FROM PEOPLE AND FAMILIES
 WITH LIVED EXPERIENCE.
   9.  THE  RIGHT  TO A PEER ADVOCATE: PEOPLE WITH CO-OCCURRING DISORDERS
 SHALL RECEIVE  PEER  SUPPORT  SERVICES  PROVIDING  HOPE,  ADVOCACY,  AND
 SYSTEMS  NAVIGATION. TO ADEQUATELY SERVE PEOPLE WITH CO-OCCURRING DISOR-
 DERS, SUCH PEER SUPPORT SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO, A
 ROBUST AND COLLABORATIVE PEER WORKFORCE  WITH  DIVERSE  AND  SPECIALIZED
 LIVED  EXPERTISE  AS  WELL  AS  CROSS-TRAINING,  ENSURING PERSON-DRIVEN,
 RECOVERY-ORIENTED, TRAUMA-INFORMED, CULTURALLY FLUENT SERVICES.
   10. THE RIGHT TO RECEIVE SERVICES FROM ADEQUATELY RESOURCED PROVIDERS:
 PEOPLE WITH CO-OCCURRING DISORDERS NEEDS  SHALL  RECEIVE  SERVICES  FROM
 PROVIDERS  OF  ALL  TYPES WHO ARE PAID APPROPRIATELY TO SERVE THOSE WITH
 THE GREATEST NEED.
   11. THE RIGHT TO SAFE HOUSING: PEOPLE WITH CO-OCCURRING DISORDERS  AND
 WITHOUT  ACCESS  TO  A PERMANENT RESIDENCE SHALL RECEIVE SAFE SUPPORTIVE
 HOUSING THAT IS RECOVERY-ORIENTED, AND ENCOURAGES INDEPENDENCE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.