Assembly Bill A6674A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6674--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 28, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CARROLL,  SEAWRIGHT,  SIMON -- read once and
   referred to the Committee on Alcoholism and Drug Abuse --  recommitted
   to  the  Committee  on  Alcoholism  and  Drug Abuse in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the mental hygiene law and the social services  law,  in
   relation  to  establishing contingency management services for certain
   persons with substance use disorders
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  19.03  of  the  mental hygiene law is amended by
 adding two new subdivisions 3 and 4 to read as follows:
   3.  "CONTINGENCY  MANAGEMENT  SERVICES"   MEANS   ADDICTION   DISORDER
 SERVICES,  INCLUDING PRESCRIPTION AND NON-PRESCRIPTION DIGITAL THERAPEU-
 TICS OVERSEEN BY A HEALTHCARE PROFESSIONAL, FOR PERSONS WITH A SUBSTANCE
 USE DISORDER THAT PROVIDES INDIVIDUALS WITH NON-CASH REWARDS TO  ABSTAIN
 FROM SUBSTANCE USE, BY INCENTIVIZING SPECIFIED BEHAVIORS, INCLUDING, BUT
 NOT  LIMITED  TO  CONTINUED EVIDENCE OF NEGATIVE SUBSTANCE TEST RESULTS,
 ENGAGEMENT IN TREATMENT, AND OTHER BEHAVIOR WHICH ADHERES  TO  TREATMENT
 GOALS.
   4.  "NON-CASH REWARDS" MEANS FINANCIAL INCENTIVES FOR HEALTHY BEHAVIOR
 GIVEN TO A CONTINGENCY MANAGEMENT SERVICES PROGRAM PARTICIPANT THAT  ARE
 NOT  IN THE FORM OF UNITED STATES CURRENCY, INCLUDING BUT NOT LIMITED TO
 GIFT CARDS, RELOADABLE DEBIT CARDS, VOUCHERS, AND  OTHER  SIMILAR  ELEC-
 TRONIC OR PHYSICAL MEDIUMS THAT CANNOT BE CONVERTED INTO CASH.
   §  2.  Section  19.17 of the mental hygiene law is amended by adding a
 new subdivision (h) to read as follows:
   (H) (1) THE OFFICE SHALL,  IN  COORDINATION  WITH  THE  DEPARTMENT  OF
 HEALTH  AND THE NEW YORK STATE CONFERENCE OF LOCAL MENTAL HYGIENE DIREC-
 TORS, ESTABLISH A PROGRAM TO PROVIDE CONTINGENCY MANAGEMENT SERVICES, AS
 DEFINED IN SUBDIVISION THREE  OF  SECTION  19.03  OF  THIS  ARTICLE  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08374-04-4
              

 A. 6674--A                          2
 
 PERSONS  ELIGIBLE  FOR  MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF ARTICLE
 FIVE OF  THE  SOCIAL  SERVICES  LAW  FOR  INDIVIDUALS  IN  RECOVERY  FOR
 SUBSTANCE USE DISORDER.
   (2)  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF LAW, NON-CASH REWARDS
 FOR CONTINGENCY MANAGEMENT SERVICES RECEIVED BY AN  INDIVIDUAL  PURSUANT
 TO  THIS  SUBDIVISION  SHALL NOT BE CONSIDERED INCOME OR RESOURCES OF AN
 INDIVIDUAL FOR THE PURPOSES OF ANY DETERMINATIONS OF ELIGIBILITY FOR ANY
 OTHER STATE PROGRAM OR BENEFIT, INCLUDING BUT NOT LIMITED TO THE MEDICAL
 ASSISTANCE PROGRAM, ANY STATE OR FEDERAL PROGRAM, OR  ANY  OTHER  MEANS-
 TESTED PROGRAM OR BENEFIT.
   (3) IN DEVELOPING THE PROGRAM UNDER PARAGRAPH ONE OF THIS SUBDIVISION,
 THE OFFICE SHALL:
   (A)  DEVELOP  A  PLAN  TO  MONITOR THE PROGRAM FOR FRAUD AND MISUSE OF
 CONTINGENCY MANAGEMENT REWARDS; AND
   (B) ESTABLISH A DELIVERY MECHANISM FOR NON-CASH REWARDS WITH  MEASURES
 DESIGNED TO PREVENT PROGRAM PARTICIPANTS FROM:
   (I) CONVERTING THE REWARDS INTO U.S. CURRENCY (CASH);
   (II) REDEEMING THE REWARDS FOR DRUGS OR ALCOHOL; OR
   (III)  USING  OR  SPENDING  THE  REWARDS  AT CASINOS, GAMBLING/BETTING
 SERVICES, GUN SHOPS, OR ESCORT SERVICES.
   (4) IN DEVELOPING THE PROGRAM UNDER PARAGRAPH ONE OF THIS SUBDIVISION,
 THE OFFICE MAY:
   (A) ISSUE GUIDANCE ON THE USE OF CONTINGENCY MANAGEMENT  SERVICES  FOR
 BENEFICIARIES  WHO  ACCESS  SUBSTANCE  USE  DISORDER  SERVICES UNDER THE
 MEDICAL ASSISTANCE PROGRAM; AND
   (B) ESTABLISH LIMITS ON THE NUMBER, AND  VALUE,  OF  NON-CASH  REWARDS
 AVAILABLE  TO BENEFICIARIES WHO RECEIVE SERVICES PURSUANT TO CONTINGENCY
 MANAGEMENT SERVICES.
   (5) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,  THE  COMMISSIONER,
 IN  COLLABORATION  WITH THE COMMISSIONER OF HEALTH, SHALL, TO THE EXTENT
 NECESSARY, DEVELOP AND SUBMIT ANY APPROPRIATE WAIVERS FOR IMPLEMENTATION
 OF THIS PROGRAM, INCLUDING, BUT NOT LIMITED TO, THOSE AUTHORIZED  PURSU-
 ANT  TO  SECTIONS ELEVEN HUNDRED FIFTEEN AND NINETEEN HUNDRED FIFTEEN OF
 THE FEDERAL SOCIAL SECURITY ACT, OR SUCCESSOR PROVISIONS, AND ANY  OTHER
 WAIVERS  NECESSARY  TO ACHIEVE THE PURPOSES OF HIGH QUALITY, INTEGRATED,
 AND COST EFFECTIVE CARE AND INTEGRATED  FINANCIAL  ELIGIBILITY  POLICIES
 UNDER  THE  MEDICAL ASSISTANCE PROGRAM OR PURSUANT TO TITLE XVIII OF THE
 FEDERAL SOCIAL SECURITY ACT. COPIES OF SUCH ORIGINAL WAIVER APPLICATIONS
 SHALL BE PROVIDED TO THE CHAIR OF THE SENATE FINANCE COMMITTEE  AND  THE
 CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE SIMULTANEOUSLY WITH THEIR
 SUBMISSION TO THE FEDERAL GOVERNMENT.
   §  3.  Subdivision  2  of  section 365-a of the social services law is
 amended by adding a new paragraph (nn) to read as follows:
   (NN) CONTINGENCY MANAGEMENT SERVICES AND SUPPORTS PROVIDED PURSUANT TO
 ARTICLE NINETEEN OF THE MENTAL HYGIENE LAW.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.