S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6435
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2025
                                ___________
 
 Introduced  by M. of A. R. CARROLL, SEAWRIGHT, SIMON, BORES -- read once
   and referred to the Committee on Alcoholism and Drug Abuse
 
 AN ACT to amend the mental hygiene law and the social services  law,  in
   relation  to  establishing contingency management services for certain
   persons with substance use disorders

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  19.03  of  the  mental hygiene law is amended by
 adding two new subdivisions 3 and 4 to read as follows:
   3.  "CONTINGENCY  MANAGEMENT  SERVICES"   MEANS   ADDICTION   DISORDER
 SERVICES,  INCLUDING PRESCRIPTION AND NON-PRESCRIPTION DIGITAL THERAPEU-
 TICS OVERSEEN BY A HEALTHCARE PROFESSIONAL, FOR PERSONS WITH A SUBSTANCE
 USE DISORDER THAT PROVIDES INDIVIDUALS WITH NON-CASH REWARDS TO  ABSTAIN
 FROM SUBSTANCE USE, BY INCENTIVIZING SPECIFIED BEHAVIORS, INCLUDING, BUT
 NOT  LIMITED  TO  CONTINUED EVIDENCE OF NEGATIVE SUBSTANCE TEST RESULTS,
 ENGAGEMENT IN TREATMENT, AND OTHER BEHAVIOR WHICH ADHERES  TO  TREATMENT
 GOALS.
   4.  "NON-CASH REWARDS" MEANS FINANCIAL INCENTIVES FOR HEALTHY BEHAVIOR
 GIVEN TO A CONTINGENCY MANAGEMENT SERVICES PROGRAM PARTICIPANT THAT  ARE
 NOT  IN THE FORM OF UNITED STATES CURRENCY, INCLUDING BUT NOT LIMITED TO
 GIFT CARDS, RELOADABLE DEBIT CARDS, VOUCHERS, AND  OTHER  SIMILAR  ELEC-
 TRONIC OR PHYSICAL MEDIUMS THAT CANNOT BE CONVERTED INTO CASH.
   §  2.  Section  19.17 of the mental hygiene law is amended by adding a
 new subdivision (h) to read as follows:
   (H) (1) THE OFFICE SHALL,  IN  COORDINATION  WITH  THE  DEPARTMENT  OF
 HEALTH  AND THE NEW YORK STATE CONFERENCE OF LOCAL MENTAL HYGIENE DIREC-
 TORS, ESTABLISH A PROGRAM TO PROVIDE CONTINGENCY MANAGEMENT SERVICES, AS
 DEFINED IN SUBDIVISION THREE  OF  SECTION  19.03  OF  THIS  ARTICLE  FOR
 PERSONS  ELIGIBLE  FOR  MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF ARTICLE
 FIVE OF  THE  SOCIAL  SERVICES  LAW  FOR  INDIVIDUALS  IN  RECOVERY  FOR
 SUBSTANCE USE DISORDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00293-01-5
              

 A. 6435                             2
 
   (2)  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF LAW, NON-CASH REWARDS
 FOR CONTINGENCY MANAGEMENT SERVICES RECEIVED BY AN  INDIVIDUAL  PURSUANT
 TO  THIS  SUBDIVISION  SHALL NOT BE CONSIDERED INCOME OR RESOURCES OF AN
 INDIVIDUAL FOR THE PURPOSES OF ANY DETERMINATIONS OF ELIGIBILITY FOR ANY
 OTHER STATE PROGRAM OR BENEFIT, INCLUDING BUT NOT LIMITED TO THE MEDICAL
 ASSISTANCE  PROGRAM,  ANY  STATE OR FEDERAL PROGRAM, OR ANY OTHER MEANS-
 TESTED PROGRAM OR BENEFIT.
   (3) IN DEVELOPING THE PROGRAM UNDER PARAGRAPH ONE OF THIS SUBDIVISION,
 THE OFFICE SHALL:
   (A) DEVELOP A PLAN TO MONITOR THE PROGRAM  FOR  FRAUD  AND  MISUSE  OF
 CONTINGENCY MANAGEMENT REWARDS; AND
   (B)  ESTABLISH A DELIVERY MECHANISM FOR NON-CASH REWARDS WITH MEASURES
 DESIGNED TO PREVENT PROGRAM PARTICIPANTS FROM:
   (I) CONVERTING THE REWARDS INTO U.S. CURRENCY (CASH);
   (II) REDEEMING THE REWARDS FOR DRUGS OR ALCOHOL; OR
   (III) USING OR  SPENDING  THE  REWARDS  AT  CASINOS,  GAMBLING/BETTING
 SERVICES, GUN SHOPS, OR ESCORT SERVICES.
   (4) IN DEVELOPING THE PROGRAM UNDER PARAGRAPH ONE OF THIS SUBDIVISION,
 THE OFFICE MAY:
   (A)  ISSUE  GUIDANCE ON THE USE OF CONTINGENCY MANAGEMENT SERVICES FOR
 BENEFICIARIES WHO ACCESS  SUBSTANCE  USE  DISORDER  SERVICES  UNDER  THE
 MEDICAL ASSISTANCE PROGRAM; AND
   (B)  ESTABLISH  LIMITS  ON  THE NUMBER, AND VALUE, OF NON-CASH REWARDS
 AVAILABLE TO BENEFICIARIES WHO RECEIVE SERVICES PURSUANT TO  CONTINGENCY
 MANAGEMENT SERVICES.
   (5)  NOTWITHSTANDING  ANY CONTRARY PROVISION OF LAW, THE COMMISSIONER,
 IN COLLABORATION WITH THE COMMISSIONER OF HEALTH, SHALL, TO  THE  EXTENT
 NECESSARY, DEVELOP AND SUBMIT ANY APPROPRIATE WAIVERS FOR IMPLEMENTATION
 OF  THIS PROGRAM, INCLUDING, BUT NOT LIMITED TO, THOSE AUTHORIZED PURSU-
 ANT TO SECTIONS ELEVEN HUNDRED FIFTEEN AND NINETEEN HUNDRED  FIFTEEN  OF
 THE  FEDERAL SOCIAL SECURITY ACT, OR SUCCESSOR PROVISIONS, AND ANY OTHER
 WAIVERS NECESSARY TO ACHIEVE THE PURPOSES OF HIGH  QUALITY,  INTEGRATED,
 AND  COST  EFFECTIVE  CARE AND INTEGRATED FINANCIAL ELIGIBILITY POLICIES
 UNDER THE MEDICAL ASSISTANCE PROGRAM OR PURSUANT TO TITLE XVIII  OF  THE
 FEDERAL SOCIAL SECURITY ACT. COPIES OF SUCH ORIGINAL WAIVER APPLICATIONS
 SHALL  BE  PROVIDED TO THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE
 CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE SIMULTANEOUSLY WITH THEIR
 SUBMISSION TO THE FEDERAL GOVERNMENT.
   § 3. Subdivision 2 of section 365-a of  the  social  services  law  is
 amended by adding a new paragraph (nn) to read as follows:
   (NN) CONTINGENCY MANAGEMENT SERVICES AND SUPPORTS PROVIDED PURSUANT TO
 ARTICLE NINETEEN OF THE MENTAL HYGIENE LAW.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.