NY State Senate Bill 2023-S5576

Senate Bill S5576

2023-2024 Legislative Session

Establishes contingency management services for certain persons with substance use disorders

download bill text pdf

Current Bill Status - In Senate Committee Alcoholism And Substance Use Disorders Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to alcoholism and substance use disorders
Mar 08, 2023	referred to alcoholism and substance use disorders

2023-S5576 (ACTIVE) - Details

See Assembly Version of this Bill:: A6674
Current Committee:: Senate Alcoholism And Substance Use Disorders
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§19.03 & 19.17, Ment Hyg L; amd §365-a, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S7485, A8356

2023-S5576 (ACTIVE) - Summary

Requires the office of alcoholism and substance abuse services to provide contingency management services, including financial incentives, for persons with addiction disorders who abstain from substance abuse and comply with treatment objectives.

2023-S5576 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5576

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish contingency management services for certain persons with
substance use disorders to incentivize abstaining from opioids, stimu-
lants and other substances.

 
SUMMARY OF PROVISIONS:

Section 1. Section 19.03 of the mental hygiene law is amended by adding
a new subdivision 3 that defines "contingency management services" as
addiction disorder services, including digital therapeutics prescribed
by a healthcare professional, for persons with a substance use disorder
that provides individuals with a financial incentive or positive

reinforcement to abstain from substance use.

Section 2 amends Section 19.17 by adding a new subdivision (h) that
states the office shall establish a program to provide contingency
services for persons eligible for medical assistance, as well as those
suffering or recovering. The new subdivision states that financial
incentives pursuant to this subdivision are not income nor resources for
the purpose of any determination of eligibility for any state program or
benefit, including but not limited to medical assistance, and state or
federal programs, Medicaid or any other means tested program or benefit.

In developing the program under paragraph one of this subdivision, the
office shall ensure that incentives or rewards for contingency manage-
ment services are used for the intended purposes and not diverted for
other uses. The office shall develop a plan to monitor the program for
fraud and misuse. The commissioner shall develop and submit any appro-
priate waivers authorized and any other waivers necessary to achieve the
purposes of high quality integrated and cost reflective care and inte-
grated financial eligibility policies under the medical assistance
program.

Section 3 Amends Subdivision 2 of section 365-a of the social services
law by adding a new paragraph.

Section 4 Sets the effective date.

 
JUSTIFICATION:

Substance abuse is a long-term problem in New York State and across the
nation, continuing to worsen over time, especially since the onset of
COVID-19 pandemic. In 2019, the Center for Disease Control (CDC)
reported that over 70% of overdoses were due to opioid addiction.
According to the National Institute of Health (NIH), deaths from Meth-
amphetamine overdoses nearly tripled in the same year. The New York City
Department of Health and Mental Hygiene (NYC DOHMH) reported that that
every given hour, someone dies of a drug overdose. In 2020, nearly 500
New Yorkers died of substance abuse overdoses. A 2021 report by the CDC
found that roughly 96,000 Americans have died of substance abuse over-
dose since February, demonstrating a 30 increase of substance abuse
deaths over the previous year. By establishing contingency management
services for individuals with substance use disorders, this bill
provides a financial incentive for individuals to abstain from taking
controlled substances like opioids, methamphetamines and cocaine.
Research has demonstrated this to be an effective strategy to encourage
individuals to stop abusing drugs, thereby preventing overdose deaths.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill

 
FISCAL IMPLIC T ONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have be to me 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.

2023-S5576 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5576
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Alcoholism  and
   Substance Use Disorders
 
 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 a new subdivision 3 to read as follows:
   3.   "CONTINGENCY   MANAGEMENT   SERVICES"  MEANS  ADDICTION  DISORDER
 SERVICES, INCLUDING DIGITAL  THERAPEUTICS  PRESCRIBED  BY  A  HEALTHCARE
 PROFESSIONAL,  FOR  PERSONS  WITH A SUBSTANCE USE DISORDER THAT PROVIDES
 INDIVIDUALS WITH A FINANCIAL  INCENTIVE  OR  POSITIVE  REINFORCEMENT  TO
 ABSTAIN FROM SUBSTANCE USE, BY REWARDING SPECIFIED BEHAVIORS, INCLUDING,
 BUT NOT LIMITED TO CONTINUED EVIDENCE OF NEGATIVE URINALYSIS, ENGAGEMENT
 IN TREATMENT, AND OTHER BEHAVIOR WHICH ADHERES TO TREATMENT GOALS.
   §  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
 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, INCENTIVES OR
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08374-01-3

 S. 5576                             2
 
 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  ENSURE  THAT  INCENTIVES  OR REWARDS FOR CONTINGENCY
 MANAGEMENT SERVICES ARE USED FOR THE INTENDED PURPOSES AND NOT  DIVERTED
 FOR  OTHER  USES. THE OFFICE SHALL DEVELOP A PLAN TO MONITOR THE PROGRAM
 FOR FRAUD AND MISUSE OF CONTINGENCY MANAGEMENT INCENTIVES AND REWARDS.
   (4) 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 (kk) to read as follows:
   (KK) 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.

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