S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  329--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Mental Health -- committee discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the social services law, the public health law and the
   mental hygiene law, in relation to  setting  comprehensive  outpatient
   services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "comprehen-
 sive outpatient services act of 2025".
   § 2. Section 364-m of the social services law is amended by adding two
 new subdivisions 6 and 7 to read as follows:
   6. COMPREHENSIVE OUTPATIENT SERVICES CENTERS. (A)  DEFINITIONS.    FOR
 THE  PURPOSE OF THIS ARTICLE, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
 WISE:
   (I) "MENTAL HEALTH SERVICES" MEANS SERVICES OTHERWISE  PROVIDED  BY  A
 MENTAL  HEALTH  CLINIC  LICENSED  UNDER ARTICLE THIRTY-ONE OF THE MENTAL
 HYGIENE LAW, FOR THE TREATMENT OF MENTAL ILLNESS.
   (II) "ADDICTION SERVICES" MEANS SERVICES SHALL HAVE THE  SAME  MEANING
 AS  DEFINED  IN  SUBDIVISION  FIFTY-FIVE  OF  SECTION 1.03 OF THE MENTAL
 HYGIENE LAW OTHERWISE PROVIDED BY A  PROVIDER  CERTIFIED  UNDER  ARTICLE
 THIRTY-TWO  OF  THE  MENTAL  HYGIENE  LAW FOR THE TREATMENT OF ADDICTION
 DISORDERS.
   (III) "COMPREHENSIVE OUTPATIENT SERVICES" MEANS THE SYSTEMATIC COORDI-
 NATION OF EVIDENCE-BASED HEALTH CARE SERVICES, TO INCLUDE THE  PREVENTA-
 TIVE,  DIAGNOSTIC,  THERAPEUTIC AND REHABILITATIVE CARE AND TREATMENT OF
 MENTAL ILLNESS, ADDICTION AND THE PROVISION OF PHYSICAL HEALTH SERVICES,
 OTHERWISE PROVIDED BY A  DIAGNOSTIC  AND  TREATMENT  CENTER  OR  GENERAL
 HOSPITAL  OUTPATIENT  PROGRAM  PURSUANT  TO  ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW, A MENTAL HEALTH CLINIC LICENSED PURSUANT  TO  ARTICLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00591-02-5
 A. 329--A                           2
 
 THIRTY-ONE  OF THE MENTAL HYGIENE LAW, OR AN ADDICTION DISORDER SERVICES
 PROVIDED BY A PROVIDER CERTIFIED PURSUANT TO ARTICLE THIRTY-TWO  OF  THE
 MENTAL HYGIENE LAW TO AN INDIVIDUAL SEEKING SERVICES REGARDLESS OF THEIR
 PRIMARY DIAGNOSIS OR HEALTH COMPLAINT; PROVIDED, HOWEVER, THAT THE SCOPE
 OF SUCH SERVICES MAY BE RESTRICTED PURSUANT TO REGULATION.
   (IV)  "COMPREHENSIVE  OUTPATIENT  SERVICES  CENTERS"  MEANS A FACILITY
 LICENSED IN ACCORDANCE WITH THIS SECTION TO PROVIDE COMPREHENSIVE OUTPA-
 TIENT SERVICES IN ORDER TO PROMOTE HEALTH AND BETTER  OUTCOMES  FOR  THE
 RECIPIENT, PARTICULARLY FOR POPULATIONS AT RISK.
   (V)  "MEDICAL  DIRECTOR"  IS  A  PHYSICIAN  WHO IS RESPONSIBLE FOR THE
 SERVICES DELIVERED BY THE COMPREHENSIVE  OUTPATIENT  SERVICES  PROVIDER,
 FOR THE OVERALL DIRECTION OF THE SERVICES PROVIDED AND THE DIRECT SUPER-
 VISION OF MEDICAL STAFF IN THE DELIVERY OF SERVICES.
   (VI)  "PHYSICAL HEALTH SERVICES" MEANS SERVICES PROVIDED BY A DIAGNOS-
 TIC AND TREATMENT CENTER OR HOSPITAL OUTPATIENT  PROGRAM  UNDER  ARTICLE
 TWENTY-EIGHT  OF THE PUBLIC HEALTH LAW PROVIDED BY A PHYSICIAN, OR UNDER
 THE DIRECT SUPERVISION OF A PHYSICIAN, A NURSE PRACTITIONER, OR  MIDWIFE
 ACTING  WITHIN  THEIR  LAWFUL SCOPE OF PRACTICE UNDER TITLE EIGHT OF THE
 EDUCATION LAW AND WHO IS PRACTICING IN A PRIMARY CARE SPECIALTY.
   (B) THE COMMISSIONERS OF THE  DEPARTMENT  OF  HEALTH,  THE  OFFICE  OF
 MENTAL  HEALTH,  AND  THE  OFFICE OF ADDICTION SERVICES AND SUPPORTS ARE
 AUTHORIZED TO JOINTLY ESTABLISH A SINGLE SET OF LICENSING STANDARDS  AND
 REQUIREMENTS FOR THE CONSTRUCTION, OPERATION, REPORTING AND SURVEILLANCE
 OF   COMPREHENSIVE  OUTPATIENT  SERVICES  CENTERS.  SUCH  STANDARDS  AND
 REQUIREMENTS SHALL AT MINIMUM BE IN ACCORDANCE WITH  STANDARDS  REQUIRED
 UNDER  ARTICLES NINETEEN, TWENTY-TWO, THIRTY-ONE, THIRTY-TWO, OR THIRTY-
 THREE OF THE MENTAL HYGIENE LAW OR ARTICLE TWENTY-EIGHT  OF  THE  PUBLIC
 HEALTH  LAW  WHICH WOULD OTHERWISE APPLY TO PATIENTS IN FACILITIES OPER-
 ATED, LICENSED, OR CERTIFIED AS APPLICABLE, WHICH SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   (I) SCOPE OF COMPREHENSIVE OUTPATIENT SERVICES;
   (II) CREATION OF AN EFFICIENT APPLICATION REVIEW PROCESS  FOR  COMPRE-
 HENSIVE OUTPATIENT SERVICES CENTERS;
   (III)  FACILITATION  OF  INTEGRATED TREATMENT RECORDS THAT COMPLY WITH
 APPLICABLE FEDERAL AND STATE CONFIDENTIALITY REQUIREMENTS;
   (IV) OPTIMAL USE OF CLINICAL RESOURCES, INCLUDING THE DEVELOPMENT OF A
 WORKFORCE  CAPABLE OF  PROVIDING  COMPREHENSIVE  CARE  TO  AN INDIVIDUAL
 UTILIZING EVIDENCE-BASED APPROACHES  TO  INTEGRATED  TREATMENT  PROVIDED
 THAT  THE  WORKFORCE  ACTS  WITHIN  THEIR LAWFUL SCOPE OF PRACTICE UNDER
 TITLE EIGHT OF THE EDUCATION LAW;
   (V)  DEVELOPMENT OF BILLING AND REIMBURSEMENT STRUCTURES TO ENABLE THE
 PROVISION OF COMPREHENSIVE SERVICES TO INDIVIDUALS REGARDLESS  OF  THEIR
 PRIMARY DIAGNOSIS OR HEALTHCARE COMPLAINT;
   (VI)  REASONABLE  PHYSICAL  PLANT  STANDARDS TO FOSTER PROPER CARE AND
 TREATMENT;
   (VII)  STANDARDS FOR INCIDENT REPORTING  AND  REMEDIATION  PURSUANT TO
 ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW;
   (VIII)  STANDARDS  FOR   ADVERSE EVENT REPORTING  IN  ACCORDANCE  WITH
 SECTION  TWENTY-EIGHT  HUNDRED FIVE-L OF THE PUBLIC HEALTH LAW, PROVIDED
 HOWEVER THAT ANY SUCH ADVERSE EVENT REPORTS SHALL BE  KEPT  CONFIDENTIAL
 AND  SHALL  NOT BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
 OFFICERS LAW OR ARTICLE THIRTY-ONE OF THE CIVIL PRACTICE LAW AND  RULES;
 AND
   (IX)  THE FOLLOWING ADDITIONAL STANDARDS, PROVIDED THAT SUCH STANDARDS
 SHALL, AT A MINIMUM, PROVIDE THE SAME LEVEL OF PROTECTION TO PATIENTS AS
 THE SAME STANDARDS REQUIRED BY ARTICLES  NINETEEN,  TWENTY-TWO,  THIRTY-
 A. 329--A                           3
 
 ONE,  THIRTY-TWO,  OR  THIRTY-THREE OF THE MENTAL HYGIENE LAW OR ARTICLE
 TWENTY-EIGHT OF THE PUBLIC HEALTH LAW WOULD OTHERWISE APPLY TO  PATIENTS
 IN  FACILITIES OPERATED, LICENSED, OR CERTIFIED UNDER ARTICLE THIRTY-ONE
 OR  THIRTY-TWO OF THE MENTAL HYGIENE LAW, OR ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW, PROVIDED HOWEVER, THAT NOTHING HEREIN  SHALL  REQUIRE
 THAT  ANY  OF  THESE STANDARDS WOULD NOT OTHERWISE APPLY UNDER ANY OTHER
 PROVISION OF LAW:
   (1) PATIENT RIGHTS;
   (2) MANDATORY REPORTING OF CHILD ABUSE AND MALTREATMENT;
   (3) REPORTING OF CRIMES ALLEGED TO HAVE OCCURRED AGAINST PATIENTS;
   (4) CONSENT TO TREATMENT;
   (5) CONFIDENTIALITY OF, ACCESS TO, AND SEALING OF TREATMENT RECORDS;
   (6) INCIDENT NOTIFICATION TO PARENTS OR GUARDIANS OF PATIENTS; AND
   (7) ANY ADDITIONAL STANDARDS DEEMED NECESSARY BY THE COMMISSIONERS  TO
 ENSURE THE RIGHTS AND SAFETY OF PATIENTS ARE MET.
   (C) NO PROVIDER SHALL PROVIDE COMPREHENSIVE OUTPATIENT SERVICES UNLESS
 THEY  HAVE  SUFFICIENTLY DEMONSTRATED, CONSISTENT WITH THE STANDARDS AND
 REQUIREMENTS SET FORTH BY THE COMMISSIONERS:
   (I) EXPERIENCE  IN  THE  DELIVERY  OF  PHYSICAL,  MENTAL  HEALTH,  AND
 ADDICTION SERVICES;
   (II)  CAPACITY  TO  OFFER  COMPREHENSIVE  OUTPATIENT  SERVICES IN EACH
 COMPREHENSIVE OUTPATIENT SERVICES CENTER LICENSED BY EACH OF THE COMMIS-
 SIONERS OF THE DEPARTMENT OF HEALTH, THE OFFICE OF  MENTAL  HEALTH,  AND
 THE OFFICE OF ADDICTION SERVICES AND SUPPORTS; AND
   (III)  COMPLIANCE  WITH  STANDARDS  ESTABLISHED UNDER THIS SECTION FOR
 PROVIDING AND RECEIVING PAYMENT FOR COMPREHENSIVE OUTPATIENT SERVICES.
   (D) NOTWITHSTANDING ANY PROVISION OF LAW  TO  THE  CONTRARY,  FOR  THE
 PURPOSES OF THIS SUBDIVISION, COMPREHENSIVE OUTPATIENT SERVICE PROVIDERS
 SHALL  BE CONSIDERED CONTRACTED, LICENSED, APPROVED OR OTHERWISE AUTHOR-
 IZED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS AND THE OFFICE  OF
 MENTAL  HEALTH  FOR THE PURPOSE OF SECTIONS 19.20, 19.20-A, AND 31.35 OF
 THE MENTAL HYGIENE  LAW,  AS  MAY  BE  APPLICABLE.  PROVIDERS  SHALL  BE
 REQUIRED  TO  COMPLY WITH THE REVIEW OF CRIMINAL HISTORY INFORMATION, AS
 REQUIRED IN SUCH SECTIONS, FOR PROSPECTIVE EMPLOYEES OR  VOLUNTEERS  WHO
 WILL  HAVE REGULAR AND SUBSTANTIAL UNSUPERVISED OR UNRESTRICTED PHYSICAL
 CONTACT WITH THE CLIENTS OF SUCH PROVIDER.
   (E) THE COMMISSIONERS OF THE  DEPARTMENT  OF  HEALTH,  THE  OFFICE  OF
 MENTAL  HEALTH,  AND  THE  OFFICE OF ADDICTION SERVICES AND SUPPORTS ARE
 AUTHORIZED TO PROMULGATE ANY REGULATORY REQUIREMENTS NECESSARY TO IMPLE-
 MENT COMPREHENSIVE OUTPATIENT  SERVICES  CENTERS  CONSISTENT  WITH  THIS
 SECTION.
   7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, EXEMPTIONS IN
 THE  EDUCATION LAW THAT AUTHORIZE UNLICENSED PERSONS TO PROVIDE SERVICES
 THAT OTHERWISE REQUIRE PROFESSIONAL LICENSURE PURSUANT TO TITLE EIGHT OF
 THE EDUCATION LAW, SHALL NOT APPLY TO ANY SERVICES PROVIDED PURSUANT  TO
 THIS SECTION.
   §  3.  Subdivision  4  of  section  488  of the social services law is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1) A COMPREHENSIVE OUTPATIENT SERVICES CENTER WHICH IS LICENSED, OR
 CERTIFIED  BY  SECTION  THREE  HUNDRED  SIXTY-FOUR-M  OF  THIS  CHAPTER,
 PROVIDED HOWEVER THAT SUCH TERM SHALL NOT INCLUDE THE PROVISION OF PHYS-
 ICAL HEALTH SERVICES RENDERED IN SUCH FACILITY OR PROGRAM;
   §  4.  Subdivision  1  of  section  2801  of the public health law, as
 amended by section 2 of part E of chapter 57 of the  laws  of  2023,  is
 amended to read as follows:
 A. 329--A                           4
 
   1.  "Hospital"  means a facility or institution engaged principally in
 providing services by or under the supervision of a physician or, in the
 case of a dental clinic or dental dispensary, of a dentist, or,  in  the
 case  of  a  midwifery  birth  center, of a midwife, for the prevention,
 diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
 physical condition, including, but not limited to, a  general  hospital,
 public health center, diagnostic center, treatment center, a rural emer-
 gency  hospital under 42 USC 1395x(kkk), or successor provisions, dental
 clinic, dental dispensary, rehabilitation center other than  a  facility
 used  solely  for  vocational rehabilitation, nursing home, tuberculosis
 hospital, chronic disease hospital, maternity hospital, midwifery  birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary and a laboratory or central service facility serving  one  or
 more  such  institutions,  but  the  term  hospital shall not include an
 institution, sanitarium or other facility engaged principally in provid-
 ing services for the prevention, diagnosis or treatment of mental  disa-
 bility  and  which  is subject to the powers of visitation, examination,
 inspection and investigation of the department of mental hygiene  except
 for  those  distinct  parts  of  such  a facility which provide hospital
 service. The provisions of this article shall not apply to a facility or
 institution engaged principally in providing services by  or  under  the
 supervision of the bona fide members and adherents of a recognized reli-
 gious  organization  whose teachings include reliance on spiritual means
 through prayer alone for healing in the practice of the religion of such
 organization and where services are provided in  accordance  with  those
 teachings.  No provision of this article [or any other provision of law]
 shall be construed to[: (a)] LIMIT THE VOLUME OF PRIMARY  CARE  SERVICES
 THAT  CAN  BE  PROVIDED BY COMPREHENSIVE OUTPATIENT SERVICES CENTERS, AS
 DEFINED IN SECTION THREE HUNDRED SIXTY-FOUR-M  OF  THE  SOCIAL  SERVICES
 LAW.    NO PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW SHALL
 BE CONSTRUCTED TO: (A) limit the volume of mental health, substance  use
 disorder  services  or  developmental  disability  services  that can be
 provided by a provider of primary  care  services  licensed  under  this
 article and authorized to provide integrated services in accordance with
 regulations  issued by the commissioner in consultation with the commis-
 sioner of the office of mental health, the commissioner of the office of
 [alcoholism  and  substance  abuse  services]  ADDICTION  SERVICES   AND
 SUPPORTS  and  the  commissioner  of the office for people with develop-
 mental disabilities, including regulations issued pursuant  to  subdivi-
 sion  seven of section three hundred sixty-five-l of the social services
 law or part L of chapter fifty-six of the laws of two  thousand  twelve;
 (b)  require  a  provider licensed pursuant to article thirty-one of the
 mental hygiene law or certified pursuant to article sixteen  or  article
 thirty-two  of the mental hygiene law to obtain an operating certificate
 from the department if such provider  has  been  authorized  to  provide
 integrated services in accordance with regulations issued by the commis-
 sioner  in  consultation  with  the commissioner of the office of mental
 health, the commissioner of the  office  of  [alcoholism  and  substance
 abuse  services] ADDICTION SERVICES AND SUPPORTS and the commissioner of
 the office for people with developmental disabilities,  including  regu-
 lations  issued  pursuant  to subdivision seven of section three hundred
 sixty-five-l of the social services law or part L of  chapter  fifty-six
 of  the  laws of two thousand twelve; OR (C) REQUIRE A PROVIDER LICENSED
 UNDER SUBDIVISION SIX OF SECTION  THREE  HUNDRED  SIXTY-FOUR-M  OF  THIS
 CHAPTER TO OBTAIN A LICENSE FROM THE DEPARTMENT.
 A. 329--A                           5
 
   §  5.  The opening paragraph of subdivision (a) and subdivision (f) of
 section 31.02 of the mental hygiene law, the opening paragraph of subdi-
 vision (a) as amended by chapter 804 of the laws of 1975 and  as  renum-
 bered by chapter 978 of the laws of 1977, and subdivision (f) as amended
 by section 2 of part Z of chapter 57 of the laws of 2019, are amended to
 read as follows:
   Except  as  provided in [subdivision] SUBDIVISIONS (b) AND (F) of this
 section no provider of services shall engage in  any  of  the  following
 activities  without  an operating certificate issued by the commissioner
 pursuant to this article:
   (f) No provision of this article or any other provision of  law  shall
 be  construed  to:  (I)  require a provider licensed pursuant to article
 twenty-eight of the public health law or certified pursuant  to  article
 sixteen  or  article  thirty-two  of this chapter to obtain an operating
 certificate from the office of mental health if such provider  has  been
 authorized to provide integrated services in accordance with regulations
 issued  by  the commissioner of the office of mental health in consulta-
 tion with the commissioner of the department of health, the commissioner
 of the office of [alcoholism and  substance  abuse  services]  ADDICTION
 SERVICES AND SUPPORTS and the commissioner of the office for people with
 developmental  disabilities,  including  regulations  issued pursuant to
 subdivision seven of section three hundred sixty-five-l  of  the  social
 services  law or part L of chapter fifty-six of the laws of two thousand
 twelve; OR (II) REQUIRE A PROVIDER LICENSED  UNDER  SUBDIVISION  SIX  OF
 SECTION  THREE HUNDRED SIXTY-FOUR-M OF THE SOCIAL SERVICES LAW TO OBTAIN
 A LICENSE FROM THE OFFICE OF MENTAL HEALTH.
   § 6. Subdivision (b) of section 32.05 of the mental  hygiene  law,  as
 amended  by  section  3  of part Z of chapter 57 of the laws of 2019, is
 amended to read as follows:
   (b) (i) Methadone, or such other controlled  substance  designated  by
 the  commissioner of health as appropriate for such use, may be adminis-
 tered to an addict, as defined in section thirty-three  hundred  two  of
 the  public  health  law, by individual physicians, groups of physicians
 and public or private medical facilities certified pursuant  to  article
 twenty-eight or thirty-three of the public health law as part of a chem-
 ical  dependence  program which has been issued an operating certificate
 by the commissioner pursuant to subdivision (b) of section 32.09 of this
 article, provided, however, that such administration  must  be  done  in
 accordance  with  all applicable federal and state laws and regulations.
 Individual physicians or groups of physicians who have obtained authori-
 zation from  the  federal  government  to  administer  buprenorphine  to
 addicts  may  do  so without obtaining an operating certificate from the
 commissioner. (ii) No provision of this article or any  other  provision
 of  law  shall be construed to: (A) require a provider licensed pursuant
 to article twenty-eight of the public health law, article thirty-one  of
 this [chapter] TITLE or a provider certified pursuant to article sixteen
 of  this  chapter  to obtain an operating certificate from the office of
 [alcoholism  and  substance  abuse  services]  ADDICTION  SERVICES   AND
 SUPPORTS  if  such  provider  has  been authorized to provide integrated
 services in accordance with regulations issued by  the  commissioner  of
 [alcoholism   and  substance  abuse  services]  ADDICTION  SERVICES  AND
 SUPPORTS in consultation with the  commissioner  of  the  department  of
 health,  the commissioner of the office of mental health and the commis-
 sioner of the office for people with developmental disabilities, includ-
 ing regulations issued pursuant to subdivision seven  of  section  three
 hundred  sixty-five-l  of  the  social services law or part L of chapter
 A. 329--A                           6
 
 fifty-six of the laws of two thousand twelve; OR (B) REQUIRE A  PROVIDER
 LICENSED  UNDER SUBDIVISION SIX OF SECTION THREE HUNDRED SIXTY-FOUR-M OF
 THE SOCIAL SERVICES LAW TO OBTAIN  AN  OPERATING  CERTIFICATE  FROM  THE
 OFFICE OF ADDICTION SERVICES AND SUPPORTS.
   § 7. This act shall take effect April 1, 2026; provided, however, that
 the  amendments  to  section  364-m  of  the social services law made by
 section two of this act shall not affect the repeal of such section  and
 shall  be  deemed repealed therewith. Effective immediately, the commis-
 sioner of the department of health, the commissioner of  the  office  of
 mental  health  and the commissioner of the office of addiction services
 and supports are authorized to issue any rule  or  regulation  necessary
 for the implementation of this act on or before its effective date.