S T A T E O F N E W Y O R K
________________________________________________________________________
7333
2023-2024 Regular Sessions
I N S E N A T E
May 19, 2023
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Introduced by Sens. PARKER, BAILEY, HOYLMAN-SIGAL -- 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 the
community chemical dependency services expansion program; and provid-
ing for the repeal of such provisions upon expiration thereof
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
22.13 to read as follows:
§ 22.13 COMMUNITY CHEMICAL DEPENDENCY SERVICES EXPANSION PROGRAM.
(A) COMMUNITY CHEMICAL DEPENDENCY SERVICES EXPANSION FUNDS SHALL BE
ANNUALLY ALLOCATED BY THE COMMISSIONER BASED UPON THE FOLLOWING CRITE-
RIA:
1. THE EFFICIENCY AND EFFECTIVENESS OF THE USE OF FUNDING WITHIN THE
LOCAL GOVERNMENTAL UNIT FOR THE DELIVERY OF SERVICES TO PERSONS WITH
SERIOUS CHEMICAL DEPENDENCY IN ORDER TO ASSURE THAT RESOURCES ARE MADE
AVAILABLE TO PERSONS IN THE COMMUNITY;
2. PROVISIONS THAT GRANTEES OF SUCH FUNDS FOR THE PROVISION OF CHEMI-
CAL DEPENDENCY DETOXIFICATION SERVICES SHALL HAVE A MECHANISM TO LINK
ALL CLIENTS RECEIVING DETOXIFICATION SERVICES TO ONGOING TREATMENT FOR
CHEMICAL DEPENDENCY IMMEDIATELY UPON THE CONCLUSION OF THEIR DETOXIFICA-
TION; AND
3. OTHER RELEVANT FACTORS THAT REQUIRE THE MAINTENANCE OF EXISTING
CHEMICAL DEPENDENCY SERVICES AND THE DEVELOPMENT OF NEW CHEMICAL DEPEND-
ENCY SERVICES.
(B) AMOUNTS PROVIDED PURSUANT TO THIS SECTION SHALL ONLY BE USED TO
FUND CHEMICAL DEPENDENCY TREATMENT SERVICES, INCLUDING DETOXIFICATION
SERVICES, AND ASSOCIATED LOCAL GOVERNMENTAL UNIT ADMINISTRATIVE EXPENSES
SUCH AS APPROVED NET OPERATING COST, FEE-FOR-SERVICE REIMBURSEMENT, OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08067-01-3
S. 7333 2
OTHER FINANCIAL MECHANISMS DESIGNED TO ACHIEVE INCREASED QUALITY AND
COST EFFECTIVENESS.
(C) FUNDS SHALL BE DISTRIBUTED PURSUANT TO THIS SECTION TO LOCAL
GOVERNMENTAL UNITS IN PROPORTION TO EACH UNIT'S UNMET NEED FOR CHEMICAL
DEPENDENCY TREATMENT SERVICES, AS ESTABLISHED BY THE OFFICE, EXCEPT THAT
IN DISTRIBUTING SUCH FUNDS, THE COMMISSIONER SHALL CONSIDER THE EXTENT
TO WHICH EACH LOCAL GOVERNMENTAL UNIT HAS MAINTAINED LOCAL CONTRIBUTIONS
FOR EXPENDITURES OF CHEMICAL DEPENDENCY SERVICES MADE PURSUANT TO THIS
SECTION IN ANY FISCAL YEAR AT A LEVEL EQUAL TO OR GREATER THAN THE
AMOUNT EXPENDED FOR SUCH SERVICES BY SUCH LOCAL GOVERNMENTAL UNIT IN
THE LAST COMPLETED FISCAL YEAR PRECEDING THAT FISCAL YEAR.
(D) THE COMMISSIONER IS AUTHORIZED AND EMPOWERED TO MAKE INSPECTIONS
AND EXAMINE RECORDS OF A LOCAL GOVERNMENTAL UNIT RECEIVING STATE AID
UNDER THIS SECTION OR A PROVIDER OF SERVICES FUNDED PURSUANT TO SUBDIVI-
SION (B) OF THIS SECTION. SUCH EXAMINATION SHALL INCLUDE ALL MEDICAL,
SERVICE AND FINANCIAL RECORDS, RECEIPTS, DISBURSEMENTS, CONTRACTS, LOANS
AND OTHER MONEYS RELATING TO THE FINANCIAL OPERATION OF THE PROVIDER.
(E) THE AMOUNT OF COMMUNITY CHEMICAL DEPENDENCY SERVICES EXPANSION
FUNDS FOR THE OFFICE SHALL BE DETERMINED IN THE ANNUAL BUDGET AND SHALL
INCLUDE THE AMOUNT OF GENERAL FUND APPROPRIATION REDUCTIONS ATTRIBUTABLE
TO REDUCTIONS IN MEDICAL ASSISTANCE EXPENDITURES FOR MEDICALLY MANAGED
CHEMICAL DEPENDENCY DETOXIFICATION. SUCH REDUCTIONS SHALL BE CALCULATED
BY COMPARING MEDICAL ASSISTANCE EXPENDITURES FOR MEDICALLY MANAGED CHEM-
ICAL DEPENDENCY DETOXIFICATION IN THE BASE YEAR WITH THE SAME EXPENDI-
TURES IN THE STATE FISCAL YEAR IMMEDIATELY PRECEDING THE BASE YEAR. FOR
PURPOSES OF THIS SECTION, THE BASE YEAR SHALL BE THE STATE FISCAL YEAR
IN WHICH THE EXECUTIVE BUDGET IS ISSUED. IN COMPUTING SUCH GENERAL FUND
EXPENDITURES, AND IN COMPUTING THE STATE SHARE OF MEDICAL ASSISTANCE
PURSUANT TO THIS SECTION, THE STATE SHARE OF MEDICAL ASSISTANCE IN
EFFECT ON JANUARY FIRST, TWO THOUSAND FIVE SHALL BE USED.
(F) FOR PURPOSES OF THIS SECTION, THE DEFINITIONS CONTAINED IN SECTION
41.03 OF THIS CHAPTER SHALL APPLY, EXCEPT THAT CHEMICAL DEPENDENCY
TREATMENT SERVICES SHALL NOT INCLUDE MEDICALLY MANAGED DETOXIFICATION
PROVIDED IN GENERAL HOSPITALS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT
OF THE PUBLIC HEALTH LAW.
(G) NO PROVISION IN THIS SECTION SHALL CREATE OR BE DEEMED TO CREATE
ANY RIGHT, INTEREST OR ENTITLEMENT TO SERVICES OR FUNDS THAT ARE THE
SUBJECT OF THIS SECTION, OR TO ANY OTHER SERVICES OR FUNDS, WHETHER TO
INDIVIDUALS, LOCALITIES, PROVIDERS OR OTHERS, INDIVIDUALLY OR COLLEC-
TIVELY.
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed March 31, 2027.