Assembly Bill A3974

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3974
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. FORREST -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the mental hygiene law,  in  relation  to  creating  the
   office of the ombudsperson for behavioral health access
 
   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
 7.49 to read as follows:
 § 7.49 BEHAVIORAL HEALTH ACCESS OMBUDSPERSON.
   (A)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   1. "OFFICE OF THE OMBUDSPERSON" SHALL MEAN THE OFFICE  OF  THE  OMBUD-
 SPERSON FOR BEHAVIORAL HEALTH ACCESS.
   2.  "OMBUDSPERSON"  SHALL  MEAN THE OMBUDSPERSON FOR BEHAVIORAL HEALTH
 ACCESS TO CARE.
   (B) THERE IS HEREBY CREATED THE OFFICE OF THE OMBUDSPERSON FOR  BEHAV-
 IORAL  HEALTH ACCESS FOR THE PURPOSE OF ASSISTING NEW YORKERS IN ACCESS-
 ING BEHAVIORAL HEALTH CARE.
   (C) THE OFFICE OF  THE  OMBUDSPERSON  AND  THE  DEPARTMENT  OF  MENTAL
 HYGIENE  SHALL OPERATE PURSUANT TO A MEMORANDUM OF UNDERSTANDING BETWEEN
 THE TWO ENTITIES. THE MEMORANDUM OF UNDERSTANDING SHALL  CONTAIN,  AT  A
 MINIMUM:
   1.  A  REQUIREMENT  THAT  THE  OFFICE  OF THE OMBUDSPERSON HAS ITS OWN
 PERSONNEL RULES;
   2. A REQUIREMENT THAT THE  OMBUDSPERSON  HAS  INDEPENDENT  HIRING  AND
 TERMINATION AUTHORITY OVER OFFICE OF THE OMBUDSPERSON EMPLOYEES;
   3.  A  REQUIREMENT  THAT  THE  OFFICE OF THE OMBUDSPERSON SHALL FOLLOW
 STATE FISCAL RULES;
   4. A REQUIREMENT THAT THE OFFICE SHALL OFFER THE OFFICE OF THE  OMBUD-
 SPERSON LIMITED SUPPORT WITH RESPECT TO:
   (I) PERSONNEL MATTERS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07354-01-5
              

 A. 3974                             2
 
   (II) RECRUITMENT;
   (III) PAYROLL;
   (IV) BENEFITS;
   (V) BUDGET SUBMISSION, AS NEEDED;
   (VI) ACCOUNTING; AND
   (VII) OFFICE SPACE, FACILITIES, AND TECHNICAL SUPPORT; AND
   5.  ANY  OTHER  PROVISIONS  REGARDING ADMINISTRATIVE SUPPORT THAT WILL
 HELP MAINTAIN THE INDEPENDENCE OF THE OFFICE OF THE OMBUDSPERSON.
   (D) THE OFFICE OF THE OMBUDSPERSON SHALL OPERATE WITH  FULL  INDEPEND-
 ENCE AND WITH COMPLETE AUTONOMY, CONTROL, AND AUTHORITY OVER OPERATIONS,
 BUDGET,  AND PERSONNEL DECISIONS RELATED TO THE OFFICE OF THE OMBUDSPER-
 SON AND THE OMBUDSPERSON.
   (E) 1. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, THE GOVER-
 NOR SHALL DESIGNATE AN OMBUDSPERSON  FOR  BEHAVIORAL  HEALTH  ACCESS  TO
 CARE, WHO SHALL SERVE AS DIRECTOR OF THE OFFICE OF THE OMBUDSPERSON.
   2.  THE OMBUDSPERSON SHALL SERVE AS A NEUTRAL PARTY TO HELP CONSUMERS,
 INCLUDING CONSUMERS WHO ARE UNINSURED OR HAVE PUBLIC OR  PRIVATE  HEALTH
 BENEFIT  COVERAGE, INCLUDING COVERAGE THAT IS NOT SUBJECT TO STATE REGU-
 LATION, AND HEALTH CARE PROVIDERS ACTING ON THEIR OWN BEHALF, ON  BEHALF
 OF  A CONSUMER WITH THE CONSUMER'S WRITTEN PERMISSION, OR ON BEHALF OF A
 GROUP OF HEALTH CARE PROVIDERS, NAVIGATE AND RESOLVE ISSUES  RELATED  TO
 CONSUMER  ACCESS  TO  BEHAVIORAL  HEALTH CARE, INCLUDING CARE FOR MENTAL
 HEALTH CONDITIONS AND SUBSTANCE USE DISORDERS.
   (F) THE OMBUDSPERSON SHALL:
   1. INTERACT WITH CONSUMERS AND HEALTH CARE PROVIDERS WITH CONCERNS  OR
 COMPLAINTS  TO  HELP  SUCH  CONSUMERS  AND  PROVIDERS RESOLVE BEHAVIORAL
 HEALTH CARE ACCESS AND COVERAGE ISSUES;
   2. IDENTIFY, TRACK, AND REPORT TO THE APPROPRIATE REGULATORY OR  OVER-
 SIGHT  AGENCY CONCERNS, COMPLAINTS, AND POTENTIAL VIOLATIONS OF STATE OR
 FEDERAL RULES, REGULATIONS, OR STATUTES CONCERNING THE AVAILABILITY  OF,
 AND  TERMS  AND  CONDITIONS OF, BENEFITS FOR MENTAL HEALTH CONDITIONS OR
 SUBSTANCE USE DISORDERS, INCLUDING POTENTIAL VIOLATIONS RELATED TO QUAN-
 TITATIVE AND NON-QUANTITATIVE TREATMENT LIMITATIONS;
   3. RECEIVE AND ASSIST CONSUMERS AND PROVIDERS  IN  REPORTING  CONCERNS
 AND  FILING COMPLAINTS WITH APPROPRIATE REGULATORY OR OVERSIGHT AGENCIES
 RELATING TO INAPPROPRIATE CARE;
   4. PROVIDE APPROPRIATE INFORMATION NECESSARY TO HELP CONSUMERS  OBTAIN
 BEHAVIORAL HEALTH CARE SERVICES;
   5.  DEVELOP APPROPRIATE POINTS OF CONTACT FOR REFERRALS TO OTHER STATE
 AND FEDERAL AGENCIES; AND
   6. PROVIDE APPROPRIATE INFORMATION TO HELP CONSUMERS AND  HEALTH  CARE
 PROVIDERS  FILE  APPEALS  OR  COMPLAINTS  WITH THE APPROPRIATE ENTITIES,
 INCLUDING INSURERS AND OTHER STATE AND FEDERAL AGENCIES.
   (G) THE OMBUDSPERSON, EMPLOYEES OF THE OFFICE OF THE OMBUDSPERSON, AND
 ANY PERSONS ACTING ON BEHALF OF THE OFFICE  OF  THE  OMBUDSPERSON  SHALL
 COMPLY  WITH  ALL STATE AND FEDERAL CONFIDENTIALITY LAWS THAT GOVERN THE
 DEPARTMENT WITH RESPECT TO THE TREATMENT AND DISCLOSURE OF  CONFIDENTIAL
 INFORMATION AND RECORDS.
   (H)  THE  OMBUDSPERSON  SHALL  ACT  INDEPENDENTLY OF THE OFFICE IN THE
 PERFORMANCE OF SUCH OMBUDSPERSON'S DUTIES. ANY RECOMMENDATIONS  MADE  OR
 POSITIONS  TAKEN  BY  THE  OMBUDSPERSON  SHALL  NOT REFLECT THOSE OF THE
 OFFICE.
   (I) THE COMMISSIONER OF FINANCIAL SERVICES AND THE COMMISSIONER  SHALL
 EACH  APPOINT  A  LIAISON  TO  THE  OMBUDSPERSON  TO  RECEIVE REPORTS OF
 CONCERNS, COMPLAINTS, AND POTENTIAL VIOLATIONS  DESCRIBED  IN  PARAGRAPH
 TWO OF SUBDIVISION (F) OF THIS SECTION.
 A. 3974                             3
 
   (J)  1.  ON OR BEFORE NOVEMBER FIRST OF EACH YEAR FOLLOWING THE EFFEC-
 TIVE DATE OF THIS SECTION, THE OMBUDSPERSON SHALL PREPARE AND  SUBMIT  A
 WRITTEN  REPORT TO THE GOVERNOR, THE COMMISSIONER OF FINANCIAL SERVICES,
 THE SENATE COMMITTEE ON HEALTH, THE SENATE COMMITTEE ON  MENTAL  HEALTH,
 AND THE SENATE COMMITTEE ON INSURANCE, OR ANY SUCCESSOR COMMITTEES.
   2. THE REPORT REQUIRED BY PARAGRAPH ONE OF THIS SUBDIVISION SHALL:
   (I)  INCLUDE  INFORMATION  FROM  THE  PRECEDING FISCAL YEAR CONCERNING
 ACTIONS TAKEN BY THE OMBUDSPERSON RELATING TO THE DUTIES OF  THE  OFFICE
 OF THE OMBUDSPERSON PURSUANT TO PARAGRAPH TWO OF SUBDIVISION (E) OF THIS
 SECTION; AND
   (II) NOT INCLUDE ANY PERSONALLY IDENTIFYING INFORMATION ABOUT AN INDI-
 VIDUAL CONSUMER OR HEALTH CARE PROVIDER OR IDENTIFYING INFORMATION ABOUT
 A HEALTH CARE FACILITY.
   3. THE OMBUDSPERSON SHALL POST THE REPORT ON THE DEPARTMENT'S WEBSITE.
   § 2. This act shall take effect immediately.