S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9688
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to the certification
   of innovative statewide substance use disorder treatment services
 
   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
 32.05-b to read as follows:
 § 32.05-B CERTIFICATION OF INNOVATIVE STATEWIDE SUBSTANCE  USE  DISORDER
              TREATMENT SERVICES.
   1.  THE  COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS
 SHALL DEVELOP A STATEWIDE PROCESS  FOR  THE  CERTIFICATION  OF  ENTITIES
 SEEKING  TO  PROVIDE  IN-HOME  BASED  SUBSTANCE  USE  DISORDER TREATMENT
 SERVICES, PURSUANT  TO  GUIDELINES  ESTABLISHED  BY  SUCH  COMMISSIONER.
 APPLICANTS  SHALL  DEMONSTRATE  TO  THE  COMMISSIONER  OF  THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS' SATISFACTION THAT THEY ARE ABLE TO MEET
 APPLICABLE REGULATORY SERVICE STANDARDS PURSUANT TO 14 NYCRR  PART  822,
 AS  AMENDED FROM TIME TO TIME. OUT OF STATE APPLICANTS SHALL BE REQUIRED
 TO BE REGISTERED WITH THE DEPARTMENT OF STATE, WITH A  PHYSICAL  ADDRESS
 IN THE STATE OF NEW YORK.
   2. NOTWITHSTANDING ARTICLE FORTY-ONE OF THIS CHAPTER, THE COMMISSIONER
 OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS SHALL DEVELOP A PROCESS
 TO  ENSURE  LOCAL  GOVERNMENTAL INPUT AND CONSULTATION FOR THE REVIEW OF
 APPLICATIONS FOR CERTIFICATION UNDER THIS SECTION. SUCH PROCESS SHALL BE
 LIMITED TO ONE PRIOR CONSULTATION MEETING  TO  BE  HELD  WITH  REPRESEN-
 TATIVES  OF  LOCAL GOVERNMENTAL UNITS, AS DETERMINED BY THE COMMISSIONER
 OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS. AS PART OF SUCH  PRIOR
 CONSULTATION, APPLICANTS SHALL PRESENT AN IDENTIFIED NEEDS ASSESSMENT TO
 SUPPORT THEIR APPLICATION AND A PROPOSAL FOR SERVICES.
   3.  APPLICANTS  UNDER  THIS SECTION SHALL HAVE THE CAPACITY TO PROVIDE
 INDIVIDUAL, FAMILY AND GROUP COUNSELING AS CLINICALLY INDICATED BY INDI-
 VIDUAL PATIENT PERSON-CENTERED PLANNING. IN ADDITION,  APPLICANTS  SHALL
 BE REQUIRED TO PROVIDE, AT A MINIMUM, THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14024-02-4
              

 A. 9688                             2
 
   (A)  AN  ADMISSION ASSESSMENT INCLUDING A SCREENING FOR PROBLEM GAMBL-
 ING, OVERDOSE RISK AND CO-OCCURRING MENTAL HEALTH CONDITIONS,  INCLUDING
 SUICIDE RISK;
   (B) SAFETY PLANS FOR SUICIDE AND OVERDOSE RISK BASED ON THE RESULTS OF
 SUCH SCREENINGS;
   (C) A PLAN FOR MONITORING INDIVIDUALS AT ELEVATED RISK FOR OVERDOSE OR
 SUICIDE;
   (D) TREATMENT RECOVERY PLANNING AND REVIEW;
   (E)  MEDICATION  FOR  ADDICTION TREATMENT, INCLUDING A DETAILED POLICY
 WHICH DESCRIBES REFERRAL TO THE FIRST IN-PERSON VISIT;
   (F) THE PROVISION OF NALOXONE BY PRESCRIPTION OR DISPENSATION; AND
   (G) TOXICOLOGY TESTING.
   4. THE COMMISSIONER OF THE OFFICE OF ADDICTION SERVICES  AND  SUPPORTS
 SHALL  ISSUE  THE GUIDELINES REQUIRED BY THIS SECTION NOT LATER THAN SIX
 MONTHS FROM THE EFFECTIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately.