Assembly Bill A9246

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9246
 
                           I N  A S S E M B L Y
 
                             February 22, 2024
                                ___________
 
 Introduced by M. of A. SLATER -- read once and referred to the Committee
   on Alcoholism and Drug Abuse
 
 AN ACT to amend the mental hygiene law, in relation to the creation of a
   certified recovery residences task force
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 32.05-a of the mental hygiene  law  is  amended  by
 adding a new subdivision 5 to read as follows:
   5.  THE  CERTIFIED  RECOVERY  RESIDENCES TASK FORCE IS HEREBY CREATED,
 WHICH PURSUANT TO THE PROVISIONS OF THIS  SUBDIVISION,  SHALL  ESTABLISH
 BEST  PRACTICE  GUIDELINES FOR CERTIFIED RECOVERY LIVING RESIDENCES THAT
 ILLUSTRATE THE MOST APPROPRIATE AND EFFECTIVE  ENVIRONMENT  FOR  PERSONS
 RECOVERING FROM A CHEMICAL DEPENDENCY.
   (A)  THE  TASK  FORCE  SHALL  STUDY  AND UTILIZE RELIABLE EVIDENCE AND
 INFORMATION COLLECTED FROM ORGANIZATIONS AND PROGRAMS BOTH IN  NEW  YORK
 STATE AND THROUGHOUT THE COUNTRY TO:
   (I)  DOCUMENT THE NUMBER OF CERTIFIED RECOVERY RESIDENCES OPERATING IN
 THE STATE;
   (II) ISSUE RECOMMENDATIONS AND GUIDELINES ESTABLISHING BEST  PRACTICES
 FOR  CERTIFIED RECOVERY LIVING RESIDENCES IN ORDER TO PROVIDE AN ALCOHOL
 AND DRUG FREE  RECOVERY  LIVING  ENVIRONMENT,  WITH  A  FOCUS  ON  LEAST
 RESTRICTIVE  MEANS  OF  BENEFITING THE PERSON IN RECOVERY. IN DEVELOPING
 GUIDELINES, THE TASK FORCE SHALL CONSIDER THE ROLE OF  LOCAL  AND  STATE
 GOVERNMENT  IN  OVERSIGHT AND OTHER AREAS; SITING CHALLENGES; GEOGRAPHIC
 VARIATIONS IN WHAT HOUSING CURRENTLY EXISTS AND IN BARRIERS TO  CREATING
 NEW  SUITABLE  HOUSING;  OPTIMAL STANDARDS FOR LIVING SPACE, PRIVACY AND
 NUTRITION; PERSONAL FINANCIAL PARTICIPATION BY  TENANTS;  WORK  REQUIRE-
 MENTS,  INCLUDING ADEQUACY OF COMPENSATION; REIMBURSEMENT OPPORTUNITIES;
 DISCHARGE PLANNING, THE PARTICIPANT'S LEGAL PROTECTIONS AGAINST  REMOVAL
 FROM THE RESIDENCE; WHAT INFORMATION MUST BE PROVIDED TO THE PARTICIPANT
 AT  ADMISSION,  INCLUDING  DUE  PROCESS  RIGHTS  OF  THE PARTICIPANT FOR
 REMOVAL FROM THE RESIDENCE; APPROPRIATE RESPONSES TO  RELAPSE  WITH  THE
 GOAL  OF PROTECTING BOTH THE PERSON WHO HAS RELAPSED AND OTHER RESIDENTS
 OF THE RESIDENCE; HOW TO ENSURE ACCESS TO MEDICATION ASSISTED TREATMENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04931-03-4
 A. 9246                             2

 THE NEEDS OF WOMEN, AND OF WOMEN WITH CHILDREN; THE USE OF DRUG TESTING;
 AND OPTIONS AND REQUIREMENTS FOR FORMAL OR SELF-HELP TREATMENT SERVICES;
   (III)  STUDY  AND  ISSUE FINDINGS REGARDING HEALTH AND SAFETY CONCERNS
 RELATED TO THE OCCUPANCY AND  OPERATION  OF  CERTIFIED  RECOVERY  LIVING
 RESIDENCES FOR THE PERSON IN RECOVERY;
   (IV)  STUDY  AND ISSUE FINDINGS REGARDING THE IMPACTS OF OCCUPANCY AND
 OPERATION OF CERTIFIED RECOVERY LIVING RESIDENCES ON  NEIGHBORHOODS  AND
 SURROUNDING AREAS;
   (V)  ISSUE  RECOMMENDATIONS FOR ANY OTHER PROGRAM OR POLICY INITIATIVE
 THAT THE TASK FORCE DEEMS RELEVANT.
   (B) THE MEMBERS OF THE  TASK  FORCE  SHALL  INCLUDE  THIRTEEN  MEMBERS
 CONSISTING  OF  THE COMMISSIONER OR HIS OR HER DESIGNEE SERVING EX OFFI-
 CIO; THE COMMISSIONER OF THE OFFICE OF  MENTAL  HEALTH  OR  HIS  OR  HER
 DESIGNEE SERVING EX OFFICIO; THE COMMISSIONER OF THE OFFICE OF TEMPORARY
 AND DISABILITY ASSISTANCE OR HIS OR HER DESIGNEE SERVING EX OFFICIO; THE
 COMMISSIONER  OF THE OFFICE OF HOMES AND COMMUNITY RENEWAL OR HIS OR HER
 DESIGNEE SERVING EX OFFICIO; TWO  MEMBERS  APPOINTED  BY  THE  TEMPORARY
 PRESIDENT  OF THE SENATE; ONE MEMBER APPOINTED BY THE MINORITY LEADER OF
 THE SENATE; TWO MEMBERS APPOINTED BY THE SPEAKER OF  THE  ASSEMBLY;  ONE
 MEMBER  APPOINTED  BY  THE  MINORITY  LEADER  OF THE ASSEMBLY; AND THREE
 MEMBERS APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL BE AN OPERATOR OF A
 CERTIFIED RECOVERY LIVING RESIDENCE WITH DEMONSTRATED EXPERIENCE IN  THE
 FIELD  AND  WHO  MUST  DEMONSTRATE,  TO THE EXTENT PRACTICABLE, THAT THE
 RESIDENCES THEY OPERATE, CERTIFIED OR OTHERWISE, HAVE HAD  MINIMAL  CODE
 VIOLATIONS  WITHIN  THE  PRECEDING THREE YEARS. APPOINTMENTS MUST ENSURE
 GEOGRAPHIC REPRESENTATION, TO THE EXTENT PRACTICABLE.  THE  COMMISSIONER
 SHALL  BE DESIGNATED THE CHAIRPERSON OF SUCH TASK FORCE AND SHALL SELECT
 A VICE-CHAIRPERSON AND A SECRETARY FROM THE DESIGNEES APPOINTED  BY  THE
 LEGISLATURE OR THE GOVERNOR.
   (I)  THE  MEMBERS  OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND  NECES-
 SARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   (II)  NO CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER
 OF THE RECOVERY LIVING TASK FORCE FOR ANY ACT OR OMISSION  NECESSARY  TO
 THE DISCHARGE OF HIS OR HER DUTIES AS A MEMBER OF THE TASK FORCE, EXCEPT
 AS  PROVIDED  HEREIN.  SUCH MEMBER MAY BE LIABLE FOR DAMAGES IN ANY SUCH
 ACTION IF HE OR SHE FAILED TO ACT IN GOOD FAITH AND EXERCISE  REASONABLE
 CARE.  ANY  INFORMATION  OBTAINED  BY  A  MEMBER OF THE TASK FORCE WHILE
 CARRYING OUT HIS OR HER DUTIES AS PRESCRIBED IN PARAGRAPH  (A)  OF  THIS
 SUBDIVISION  SHALL ONLY BE UTILIZED IN THEIR CAPACITY AS A MEMBER OF THE
 TASK FORCE.
   (C) NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF  THIS  SUBDIVI-
 SION,  THE  TASK  FORCE SHALL PROVIDE A REPORT CONTAINING THE RESULTS OF
 THE STUDY, INCLUDING EVIDENCE USED AS A BASIS IN MAKING SUCH REPORT, AND
 ITS RECOMMENDATIONS, TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE,  THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
 AND THE MINORITY LEADER OF THE ASSEMBLY. THE TASK FORCE SHALL ALSO  MAKE
 THE  REPORT  PUBLIC  BY  POSTING A COPY ON THE WEBSITE MAINTAINED BY THE
 OFFICE.
   § 2. This act shall take effect one year 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.