Senate Bill S1796

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1796
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by  Sens. FERNANDEZ, WEBB -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health
 
 AN ACT to amend the  social  services  law,  in  relation  to  including
   services  provided  by  certified  recovery peer advocates and certain
   services provided at inpatient facilities as part of standard coverage

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of  subdivision 2 of section 365-a of the
 social services law, as amended by section 12-a of part C of chapter  60
 of the laws of 2014, is amended to read as follows:
   (c)  out-patient hospital or clinic services in facilities operated in
 compliance with applicable provisions of this chapter, the public health
 law, the mental hygiene law and other  laws,  including  any  provisions
 thereof requiring an operating certificate or license, including facili-
 ties  authorized by the appropriate licensing authority to provide inte-
 grated mental health services, and/or [alcoholism and] substance [abuse]
 USE DISORDER services, and/or physical health services, and/or  services
 to  persons  with  developmental  disabilities,  when  such services are
 provided at a single location or service site, or where such  facilities
 are  not  conveniently  accessible,  in  any hospital located within the
 state and care and services in a day treatment program operated  by  the
 department of mental hygiene or by a voluntary agency under an agreement
 with  such  department in that part of a public institution operated and
 approved pursuant to law as an intermediate care  facility  for  persons
 with developmental disabilities; and provided, that the commissioners of
 health,  mental  health,  [alcoholism] ADDICTION SERVICES and [substance
 abuse services] SUPPORTS and the office for  people  with  developmental
 disabilities  may  issue  regulations,  including  emergency regulations
 promulgated prior to  October  first,  two  thousand  fifteen  that  are
 required to facilitate the establishment of integrated services clinics.
 Any such regulations promulgated under this paragraph shall be described
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05290-01-5
              

 S. 1796                             2
 
 in the annual report required pursuant to section forty-five-c of part A
 of  chapter  fifty-six  of  the  laws  of  two thousand thirteen.   SUCH
 SERVICES SHALL INCLUDE THOSE PROVIDED BY CERTIFIED RECOVERY  PEER  ADVO-
 CATES WHEN PROVIDED BY PROGRAMS CERTIFIED, LICENSED OR OTHERWISE AUTHOR-
 IZED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS;
   §  2.  Paragraph  (n)  of subdivision 2 of section 365-a of the social
 services law, as amended by chapter 558 of the laws of 1999,  is  relet-
 tered paragraph (n-1) and amended to read as follows:
   (n-1)  care,  treatment,  maintenance and rehabilitation services that
 would otherwise qualify for reimbursement pursuant to  this  chapter  to
 persons  suffering from [alcoholism in alcoholism facilities or chemical
 dependence] SUBSTANCE USE DISORDER, as such term is defined  in  section
 1.03  of  the  mental  hygiene  law,  in inpatient [chemical dependence]
 facilities, services, or programs operated in compliance with applicable
 provisions of this chapter and the mental hygiene law, and certified  by
 the  office  of  [alcoholism]  ADDICTION  SERVICES  and [substance abuse
 services] SUPPORTS, provided however that such services shall be limited
 to such periods of time as may be  determined  necessary  in  accordance
 with  a  utilization review procedure established by the commissioner of
 the office of  [alcoholism]  ADDICTION  SERVICES  and  [substance  abuse
 services]  SUPPORTS  and provided further, that this paragraph shall not
 apply to any hospital or part of a hospital as defined  in  section  two
 thousand  eight  hundred  one  of the public health law.   SUCH SERVICES
 SHALL INCLUDE THOSE PROVIDED BY CERTIFIED RECOVERY PEER  ADVOCATES  WHEN
 PROVIDED  BY PROGRAMS CERTIFIED, LICENSED OR OTHERWISE AUTHORIZED BY THE
 OFFICE OF ADDICTION SERVICES AND SUPPORTS.
   § 3. This act shall take effect immediately.