S T A T E O F N E W Y O R K
________________________________________________________________________
8525
I N S E N A T E
February 8, 2024
___________
Introduced by Sen. KENNEDY -- 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 the issuance of
operating certificates for certain providers of chemical dependence
services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 32.09 of the mental hygiene law is amended by
adding a new subdivision (h) to read as follows:
(H) 1. SUBJECT TO PARAGRAPH TWO OF THIS SUBDIVISION, AN ATTESTATION
FROM A PROGRAM ORGANIZED, OPERATED OR AUTHORIZED BY THE FEDERAL GOVERN-
MENT TO OPERATE AS AN INDIAN HEALTH SERVICE FACILITY, WITH AN ADDICTIONS
PROGRAM, SHALL BE RECOGNIZED BY THE COMMISSIONER AS SUFFICIENT EVIDENCE
THAT THE PROGRAM MEETS THE APPLICABLE STANDARDS FOR CERTIFICATION FOR
PURPOSES OF ISSUING AN OPERATING CERTIFICATE.
2. THE ATTESTATION IDENTIFIED IN PARAGRAPH ONE OF THIS SUBDIVISION
SHALL ATTEST THAT:
(I) THE PROGRAM IS AUTHORIZED BY THE FEDERAL GOVERNMENT TO OPERATE AS
AN INDIAN HEALTH SERVICE FACILITY, WITH AN ADDICTIONS PROGRAM; AND
(II) THE PROGRAM WILL MAINTAIN COMPLIANCE WITH ALL OFFICE OF ADDICTION
SERVICES AND SUPPORTS:
(A) GENERAL FACILITY REQUIREMENTS,
(B) PATIENT RIGHTS REQUIREMENTS,
(C) STANDARDS FOR SUBSTANCE USE DISORDER OUTPATIENT PROGRAMS, AND
(D) INCIDENT REPORTING AND OTHER RELEVANT REQUIREMENTS.
3. SUCH PROGRAM MAY BE ISSUED AN OPERATING CERTIFICATE UPON ITS
SUBMISSION OF THE ATTESTATION AND A COMMUNITY ENGAGEMENT PLAN AND
EVIDENCE OF ACTIVE AND ONGOING COMMUNITY ENGAGEMENT AT THE FACILITY
LOCATION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14420-01-4