NY State Senate Bill 2023-S6094

Senate Bill S6094

2023-2024 Legislative Session

Establishes certified recovery residences for individuals recovering from substance use disorder

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 28, 2023	referred to alcoholism and substance use disorders

2023-S6094 (ACTIVE) - Details

Current Committee:: Senate Alcoholism And Substance Use Disorders
Law Section:: Mental Hygiene Law
Laws Affected:: Add §19.22, Ment Hyg L

2023-S6094 (ACTIVE) - Summary

Establishes certified recovery residences for individuals recovering from substance use disorder; provides for state aid and municipal site approval.

2023-S6094 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6094

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to establishing
certified recovery residences for individuals recovering from substance
use disorder

 
PURPOSE:

Establishes certified recovery residences for individuals recovering
from substance use disorders.

 
SUMMARY OF PROVISIONS:

Section 1 amends the mental hygiene law to grant the commissioner the
power to operate or cause to be operated certified recovery residential
facilities. If a provider intends to establish a residential facility
for individuals recovering from substance use disorder within a munici-
pality but does not have a specific site selected, it may notify the
chief executive officer of the municipality in writing of its intentions

and include in such notice a description of the requirements of the
program. When a site has been selected by the provider, it must notify
the chief executive officer of the municipality and include the specific
address of the site, the type of community residence, the number of
residents, and the community support requirements of the program. The
municipality will then have forty days to approve the site, suggest a
different site, or object to the establishment of the facility because
it would result in an overconcentration of certified recovery residen-
tial facilities. A certified recovery residence will be deemed a family
unit for purposes of local laws and ordinances.

Section 2 states the effective date.

 
JUSTIFICATION:

Individuals with substance use disorder who are experiencing homeless-
ness are much more likely to suffer from an overdose than those who have
access to housing. According to the Substance Abuse and Mental Health
Services Administration (SAMHSA), individuals experiencing homelessness
have an adjusted overdose risk rate of 1.8% versus 0.3% for those who
have access to housing. If barriers to building recovery housing contin-
ue to exist- many preventable deaths will occur.

This bill seeks to prevent communities from excluding substance use
recovery residential facilities unless the area is saturated, or a
better site in the same community could be found.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S6094 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6094
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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, in relation to establishing
   certified  recovery  residences  for   individuals   recovering   from
   substance use disorder

   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
 19.22 to read as follows:
 § 19.22 CERTIFIED RECOVERY RESIDENCES.
   1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "CERTIFIED  RECOVERY  RESIDENTIAL  FACILITY"  MEANS  A  SUPPORTIVE
 LIVING  FACILITY  WITH FOUR TO FOURTEEN RESIDENTS OR A SUPERVISED LIVING
 FACILITY SUBJECT TO LICENSURE BY THE OFFICE WHICH PROVIDES  A  RESIDENCE
 FOR  UP  TO  FOURTEEN  INDIVIDUALS WHO ARE RECOVERING FROM SUBSTANCE USE
 DISORDER.
   (B) "PROVIDER" MEANS A PROVIDER OF INPATIENT OR  OUTPATIENT  SUBSTANCE
 USE  DISORDER  RECOVERY SERVICES WHICH INTENDS TO ESTABLISH OR OPERATE A
 CERTIFIED RECOVERY RESIDENTIAL FACILITY.
   (C) "MUNICIPALITY" MEANS AN INCORPORATED VILLAGE IF A FACILITY  IS  TO
 BE  LOCATED THEREIN, A TOWN IF THE FACILITY IS TO BE LOCATED THEREIN AND
 NOT SIMULTANEOUSLY WITHIN AN INCORPORATED VILLAGE,  OR  A  CITY,  EXCEPT
 THAT IN THE CITY OF NEW YORK, THE COMMUNITY BOARD WITH JURISDICTION OVER
 THE  AREA  IN WHICH SUCH A FACILITY IS TO BE LOCATED SHALL BE CONSIDERED
 THE MUNICIPALITY.
   (D) "COMMISSIONER" MEANS THE COMMISSIONER OF THE OFFICE OF THE DEPART-
 MENT RESPONSIBLE FOR ISSUANCE OF LICENSE AND  OPERATING  CERTIFICATE  TO
 THE PROPOSED CERTIFIED RECOVERY RESIDENTIAL FACILITY.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09972-01-3
 S. 6094                             2

 
   2.  THE  COMMISSIONER  SHALL  HAVE THE POWER TO OPERATE OR CAUSE TO BE
 OPERATED CERTIFIED RECOVERY  RESIDENTIAL  FACILITIES.    WITHIN  AMOUNTS
 AVAILABLE  THEREFOR AND SUBJECT TO REGULATIONS ESTABLISHED BY HIM OR HER
 AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, HE OR SHE  MAY
 PROVIDE  STATE  AID  TO  PROVIDERS  (A) IN AN AMOUNT NOT TO EXCEED FIFTY
 PERCENT FOR ACQUISITION OR CONSTRUCTION OF SUCH CERTIFIED RECOVERY RESI-
 DENCES, AND (B) IN AN AMOUNT NOT TO EXCEED FIFTY PERCENT FOR  THE  TOTAL
 OPERATING  COSTS OF COMMUNITY RESIDENCES EXCEPT CERTIFIED RECOVERY RESI-
 DENCES. SUCH STATE AID TO PROVIDERS SHALL NOT BE  GRANTED  UNLESS  THERE
 HAS  BEEN PRIOR APPROVAL OF THE PROPOSED CERTIFIED RECOVERY RESIDENCE BY
 THE LOCAL GOVERNMENTAL UNIT.
   3. IF A PROVIDER INTENDS TO ESTABLISH A RESIDENTIAL FACILITY FOR INDI-
 VIDUALS RECOVERING FROM SUBSTANCE USE DISORDER WITHIN A MUNICIPALITY BUT
 DOES NOT HAVE A SPECIFIC SITE SELECTED, IT MAY NOTIFY THE  CHIEF  EXECU-
 TIVE  OFFICER  OF  THE  MUNICIPALITY  IN  WRITING  OF ITS INTENTIONS AND
 INCLUDE IN SUCH NOTICE A DESCRIPTION OF THE NATURE, SIZE  AND  COMMUNITY
 SUPPORT  REQUIREMENTS OF THE PROGRAM. PROVIDED, HOWEVER, NOTHING IN THIS
 SUBDIVISION SHALL PRECLUDE THE PROPOSED ESTABLISHMENT OF A SITE PURSUANT
 TO SUBDIVISION FOUR OF THIS SECTION.
   4. (A) WHEN A SITE HAS BEEN SELECTED BY THE PROVIDER, IT SHALL  NOTIFY
 THE  CHIEF  EXECUTIVE OFFICER OF THE MUNICIPALITY IN WRITING AND INCLUDE
 IN SUCH NOTICE THE SPECIFIC ADDRESS OF THE SITE, THE TYPE  OF  COMMUNITY
 RESIDENCE,  THE  NUMBER  OF RESIDENTS AND THE COMMUNITY SUPPORT REQUIRE-
 MENTS OF THE PROGRAM. SUCH NOTICE SHALL ALSO CONTAIN THE  MOST  RECENTLY
 PUBLISHED  DATA  COMPILED PURSUANT TO SECTION FOUR HUNDRED SIXTY-THREE-A
 OF THE SOCIAL SERVICES LAW WHICH CAN REASONABLY BE  EXPECTED  TO  PERMIT
 THE  MUNICIPALITY  TO  EVALUATE ALL SUCH FACILITIES AFFECTING THE NATURE
 AND CHARACTER OF THE AREA  WHEREIN  SUCH  PROPOSED  FACILITY  IS  TO  BE
 LOCATED.  THE  MUNICIPALITY  SHALL  HAVE FORTY DAYS AFTER THE RECEIPT OF
 SUCH NOTICE TO:
   (I) APPROVE THE SITE RECOMMENDED BY THE PROVIDER;
   (II) SUGGEST ONE OR MORE SUITABLE SITES WITHIN ITS JURISDICTION  WHICH
 COULD ACCOMMODATE SUCH A FACILITY; OR
   (III)  OBJECT TO THE ESTABLISHMENT OF A FACILITY OF THE KIND DESCRIBED
 BY THE PROVIDER BECAUSE TO DO SO WOULD RESULT IN SUCH A CONCENTRATION OF
 CERTIFIED RECOVERY RESIDENTIAL FACILITIES IN THE MUNICIPALITY OR IN  THE
 AREA  IN PROXIMITY TO THE SITE SELECTED OR A COMBINATION OF SUCH FACILI-
 TIES WITH OTHER COMMUNITY RESIDENCES OR SIMILAR FACILITIES  LICENSED  BY
 OTHER  AGENCIES OF STATE GOVERNMENT, INCLUDING ALL COMMUNITY RESIDENCES,
 INTERMEDIATE CARE FACILITIES, RESIDENTIAL CARE FACILITIES FOR ADULTS AND
 RESIDENTIAL TREATMENT FACILITIES FOR INDIVIDUALS WITH MENTAL ILLNESS  OR
 DEVELOPMENTAL DISABILITIES OPERATED PURSUANT TO ARTICLE SIXTEEN OR ARTI-
 CLE  THIRTY-ONE  OF THE THIS CHAPTER AND ALL SIMILAR RESIDENTIAL FACILI-
 TIES OF FOURTEEN OR LESS RESIDENTS OPERATED OR LICENSED BY ANOTHER STATE
 AGENCY, THAT THE NATURE AND CHARACTER OF THE AREAS  WITHIN  THE  MUNICI-
 PALITY WOULD BE SUBSTANTIALLY ALTERED.
   (B)  SUCH  RESPONSE SHALL BE FORWARDED TO THE PROVIDER AND THE COMMIS-
 SIONER. IF THE MUNICIPALITY DOES NOT  RESPOND  WITHIN  FORTY  DAYS,  THE
 PROVIDER  MAY  ESTABLISH A CERTIFIED RECOVERY RESIDENCE AT A SITE RECOM-
 MENDED IN ITS NOTICE.
   (C) PRIOR TO FORWARDING A RESPONSE TO THE PROVIDER AND THE COMMISSION-
 ER, THE MUNICIPALITY MAY HOLD A PUBLIC HEARING PURSUANT TO LOCAL LAW.
   (D) IF THE MUNICIPALITY APPROVES THE SITE RECOMMENDED BY THE PROVIDER,
 THE PROVIDER SHALL SEEK TO ESTABLISH THE FACILITY AT THE APPROVED SITE.
   (E) (I) IF THE SITE OR SITES SUGGESTED BY THE MUNICIPALITY ARE  SATIS-
 FACTORY  WITH  REGARD TO THE NATURE, SIZE AND COMMUNITY SUPPORT REQUIRE-
 S. 6094                             3
 
 MENTS OF THE PROGRAM OF THE PROPOSED FACILITY AND THE AREA IN WHICH SUCH
 SITE OR SITES ARE LOCATED DOES NOT ALREADY INCLUDE AN  EXCESSIVE  NUMBER
 OF  CERTIFIED  RECOVERY  RESIDENTIAL  FACILITIES  OR  SIMILAR FACILITIES
 LICENSED  BY  OTHER STATE AGENCIES, THE PROVIDER SHALL SEEK TO ESTABLISH
 ITS FACILITY AT ONE OF THE SITES DESIGNATED BY THE MUNICIPALITY.
   (II) IF THE MUNICIPALITY SUGGESTS A SITE OR SITES WHICH ARE NOT SATIS-
 FACTORY TO THE PROVIDER, THE PROVIDER SHALL SO NOTIFY  THE  MUNICIPALITY
 WHICH  SHALL  HAVE  FIFTEEN DAYS TO SUGGEST AN ALTERNATIVE SITE OR SITES
 FOR THE PROPOSED CERTIFIED RECOVERY RESIDENTIAL FACILITY.
   (F) (I) IN THE EVENT THE MUNICIPALITY OBJECTS TO THE ESTABLISHMENT  OF
 A  FACILITY  IN THE MUNICIPALITY BECAUSE TO DO SO WOULD RESULT IN SUCH A
 CONCENTRATION OF CERTIFIED RECOVERY RESIDENTIAL FACILITIES OR A COMBINA-
 TION OF SUCH FACILITIES AND OTHER FACILITIES  LICENSED  BY  OTHER  STATE
 AGENCIES  THAT THE NATURE AND CHARACTER OF AREAS WITHIN THE MUNICIPALITY
 WOULD BE SUBSTANTIALLY ALTERED; OR THE PROVIDER OBJECTS  TO  THE  ESTAB-
 LISHMENT  OF  A  FACILITY  IN THE AREA OR AREAS SUGGESTED BY THE MUNICI-
 PALITY; OR IN THE EVENT THAT THE MUNICIPALITY AND  THE  PROVIDER  CANNOT
 AGREE  UPON  A SITE, EITHER THE PROVIDER OR THE MUNICIPALITY MAY REQUEST
 AN IMMEDIATE HEARING BEFORE THE COMMISSIONER TO RESOLVE THE  ISSUE.  THE
 COMMISSIONER  SHALL  PERSONALLY  OR  BY A HEARING OFFICER CONDUCT SUCH A
 HEARING WITHIN FIFTEEN DAYS OF SUCH A REQUEST.
   (II) IN REVIEWING ANY SUCH OBJECTIONS, THE NEED FOR SUCH FACILITIES IN
 THE MUNICIPALITY SHALL BE CONSIDERED AS SHALL THE EXISTING CONCENTRATION
 OF SUCH FACILITIES AND OTHER SIMILAR FACILITIES LICENSED BY OTHER  STATE
 AGENCIES  IN  THE  MUNICIPALITY  OR IN THE AREA IN PROXIMITY TO THE SITE
 SELECTED AND ANY OTHER FACILITIES IN THE MUNICIPALITY OR IN THE AREA  IN
 PROXIMITY  TO  THE  SITE  SELECTED  PROVIDING  RESIDENTIAL SERVICES TO A
 SIGNIFICANT NUMBER  OF  PERSONS  WHO  ARE  INDIVIDUALS  RECOVERING  FROM
 SUBSTANCE  DISORDER.  THE COMMISSIONER SHALL SUSTAIN THE OBJECTION IF HE
 OR SHE DETERMINES THAT THE NATURE AND CHARACTER OF THE AREA IN WHICH THE
 FACILITY IS TO BE BASED WOULD BE SUBSTANTIALLY ALTERED AS  A  RESULT  OF
 THE  ESTABLISHMENT OF THE FACILITY. THE COMMISSIONER SHALL MAKE A DETER-
 MINATION WITHIN THIRTY DAYS OF THE HEARING.
   5. REVIEW OF A DECISION RENDERED BY THE COMMISSIONER PURSUANT TO  THIS
 SECTION  MAY BE HAD IN A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF
 THE CIVIL PRACTICE LAW AND RULES COMMENCED WITHIN  THIRTY  DAYS  OF  THE
 DETERMINATION OF THE COMMISSIONER.
   6.  (A) A LICENSING AUTHORITY SHALL NOT ISSUE AN OPERATING CERTIFICATE
 TO A PROVIDER FOR OPERATION OF A FACILITY IF THE PROVIDER DOES NOT NOTI-
 FY THE MUNICIPALITY OF ITS INTENTION TO ESTABLISH A PROGRAM AS  REQUIRED
 BY  SUBDIVISION  FOUR  OF THIS SECTION. ANY OPERATING CERTIFICATE ISSUED
 WITHOUT COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SHALL BE  CONSID-
 ERED  NULL  AND  VOID  AND  CONTINUED  OPERATION  OF THE FACILITY MAY BE
 ENJOINED.
   (B) THE OFFICE SHALL NOT ISSUE AN OPERATING CERTIFICATE FOR THE OPERA-
 TION OF A SUPPORTIVE LIVING FACILITY OR A SUPERVISED LIVING FACILITY  OF
 MORE  THAN FOURTEEN RESIDENTS IF THE PROVIDER WHICH INTENDS TO ESTABLISH
 OR OPERATE SUCH A FACILITY DOES NOT NOTIFY THE CHIEF  EXECUTIVE  OFFICER
 OF THE MUNICIPALITY IN WHICH THAT FACILITY IS TO BE ESTABLISHED IN WRIT-
 ING  OF  THE  INTENTION  TO  ESTABLISH SUCH FACILITY AND INCLUDE IN SUCH
 NOTICE THE SPECIFIC ADDRESS OF THE SITE,  THE  TYPE  OF  RESIDENCE,  THE
 NUMBER  OF  RESIDENTS  AND  THE  COMMUNITY  SUPPORT  REQUIREMENTS OF THE
 PROGRAM; PROVIDED, HOWEVER, THAT NOTHING  CONTAINED  IN  THIS  PARAGRAPH
 SHALL  EITHER  BE  CONSTRUED TO REQUIRE FACILITIES OF MORE THAN FOURTEEN
 BEDS TO MEET ANY OTHER REQUIREMENTS OF THIS SECTION,  OR  TO  DEEM  SUCH
 FACILITIES FAMILY UNITS FOR THE PURPOSES OF LOCAL LAWS AND ORDINANCES.
 S. 6094                             4
 
   7. A CERTIFIED RECOVERY RESIDENCE ESTABLISHED PURSUANT TO THIS SECTION
 SHALL  BE DEEMED A FAMILY UNIT, FOR THE PURPOSES OF LOCAL LAWS AND ORDI-
 NANCES.
   §  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.

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