NY State Senate Bill 2025-S3051A

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 01, 2026	print number 3051a
Apr 01, 2026	amend (t) and recommit to health
Jan 07, 2026	referred to health
Jan 23, 2025	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S3051 - Details

See Assembly Version of this Bill:: A329
Current Committee:: Senate Health
Law Section:: Mental Hygiene Law
Laws Affected:: Add §36.08, amd §§31.02 & 32.05, Ment Hyg L; amd §488, Soc Serv L; amd §2801, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6311, A8099
2023-2024: S2704, A3870

2025-S3051 - Summary

Authorizes the commissioner of the office of mental health, and the office of addiction services and support to jointly establish a single set of licensing standards and requirements for the construction, operation, reporting and surveillance of comprehensive outpatient services centers.

2025-S3051 - Sponsor Memo

                                 
BILL NUMBER: S3051

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the social services law, the public health law and the
mental hygiene law, in relation to setting comprehensive outpatient
services

 
PURPOSE:

Relates to setting comprehensive outpatient services

 
SUMMARY OF PROVISIONS:

Section 1 creates the "comprehensive outpatient services act of 2025"

Section 2 provides that notwithstanding of any law, rule or regulation
to the contrary, 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. This
section also includes such standards and requirements and defines rele-
vant terms.

Section 3 amends subdivision 4 of section 488 of the social services law
to include new paragraph (a-1) to read as follows: 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 physical health services
rendered in such facility or program.

Section 4 amends subdivision 1 of section 2801 of the public health law
to expand the definition of "hospital" to ensure that no provision of
this article or any other provisions of law be constructed to 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.

Section 5 amends subdivision f of section 31.02 of the mental hygiene
law to make technical changes to the official name of the office of
addiction services and supports. A provision is included to state that
with the expectation of paragraph d of subdivision six of section three
hundred sixtyfour-m of the social services law, no provision of this
article or any other provisions of law shall be construed to limit the
volume of mental health services that can be provided by comprehensive
outpatient services centers, as defined in section three hundred sixty-
four-m of the social services law.

Section 6 amends subdivision b of section 32.05 of the mental hygiene
law to make technical changes to the official name of the office of
addiction services and supports. A provision is included to state that
with the expectation of paragraph d of subdivision six of section three
hundred sixty four-m of the social services law, no provision of this
article or any other provisions of law shall be construed to limit the
volume of mental health services that can be provided by comprehensive
outpatient services centers, as defined in section three hundred sixty-
four-m of the social services law.
Section 7 states the effective date.

 
JUSTIFICATION:ò

Oftentimes patients suffering from substance use disorder have one or
more co-occuring mental disorders that attribute greatly to their
substance use disorder. Unfortunately, individuals who are suffering
with substance use disorder and their loved ones are left to navigate
multiple systems because there is no one place that will treat the whole
person.

To families and providers it is apparent that their substance use and
mental health are deeply intertwined. Too often, the result is that both
needs are left unmet as each system wastes valuable time deciding who
this patient belongs to, and the consequences can be deadly.

We are failing these individuals when we treat a substance use disorder
while neglecting to recognize the mental health issue that may be the
root cause of the patient's substance use disorder. This bill would
provide a more patient-centered focus on holistic care and co-occurring
disorders while reducing barriers to treatment.  Individuals who receive
integrated mental health and substance services show better clinical
improvements and report better treatment satisfaction.

 
LEGISLATIVE HISTORY:

2023-2024: S2704/A3870 - Died in Health/Died in Mental Health

2021-2022: S6311/A8099 - Died in Health/Died in Mental Health

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2026; provided, however, that the
amendments to section 364-m of the social services law be made by
section two of this act shall not affect the repeal of such section and
shall be deemed to repeal 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.

2025-S3051 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3051
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced by Sens. HARCKHAM, FERNANDEZ -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Health
 
 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  a
 new subdivision 6 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  FOR THE TREATMENT OF
 MENTAL ILLNESS.
   (II)  "ADDICTION  SERVICES"  MEANS  SERVICES  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
 THIRTY-ONE OF THE MENTAL HYGIENE LAW, OR AN ADDICTION PROVIDER CERTIFIED
 PURSUANT TO ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW TO AN  INDIVID-
 UAL  SEEKING  SERVICES  REGARDLESS  OF THEIR PRIMARY DIAGNOSIS OR HEALTH
 COMPLAINT; PROVIDED, HOWEVER, THAT THE SCOPE OF  SUCH  SERVICES  MAY  BE
 RESTRICTED PURSUANT TO REGULATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00591-01-5
 S. 3051                             2

 
   (IV)  "COMPREHENSIVE  OUTPATIENT  SERVICES  CENTERS"  MEANS A FACILITY
 APPROVED 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 PHYSI-
 CIAN, PHYSICIAN'S ASSISTANT, NURSE PRACTITIONER, OR MIDWIFE ACTING WITH-
 IN THEIR LAWFUL SCOPE OF PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW
 AND WHO IS PRACTICING IN A PRIMARY CARE SPECIALTY.
   (B) NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY,  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  COMPRE-
 HENSIVE  OUTPATIENT  SERVICES  CENTERS.  SUCH STANDARDS AND REQUIREMENTS
 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;
   (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; AND
   (VIII)  STANDARDS  FOR  ADVERSE EVENT REPORTING, 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.
   (C) A PROVIDER SHALL NOT BE AUTHORIZED TO PROVIDE COMPREHENSIVE OUTPA-
 TIENT  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 APPROVED 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 PURSUANT TO 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, APPROVED OR OTHERWISE AUTHORIZED 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
 S. 3051                             3
 
 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, INCLUDING AMENDING EXISTING REQUIREMENTS.
   § 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:
   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;  (B)  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 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 regulations issued pursuant to subdivision  seven  of  section
 S. 3051                             4
 
 three hundred sixty-five-l of the social services law or part L of chap-
 ter  fifty-six  of  the laws of two thousand twelve; [(b)] (C) 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  commissioner  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  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.
   §  5.  Subdivision  (f) of section 31.02 of the mental hygiene law, as
 amended by section 2 of part Z of chapter 57 of the  laws  of  2019,  is
 amended to read as follows:
   (f)  No  provision of this article or any other provision of law shall
 be construed to 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  consultation  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  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.
 FURTHERMORE, EXCEPT AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION  SIX  OF
 SECTION  THREE  HUNDRED  SIXTY-FOUR-M  OF  THE  SOCIAL  SERVICES LAW, NO
 PROVISION OF THIS ARTICLE  OR  ANY  OTHER  PROVISION  OF  LAW  SHALL  BE
 CONSTRUED  TO  LIMIT  THE  VOLUME  OF MENTAL HEALTH SERVICES THAT CAN BE
 PROVIDED BY COMPREHENSIVE OUTPATIENT SERVICES  CENTERS,  AS  DEFINED  IN
 SECTION THREE HUNDRED SIXTY-FOUR-M OF THE SOCIAL SERVICES LAW.
   §  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 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
 S. 3051                             5
 
 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
 fifty-six  of  the  laws of two thousand twelve.  FURTHERMORE, EXCEPT AS
 PROVIDED IN PARAGRAPH (D) OF SUBDIVISION SIX OF  SECTION  THREE  HUNDRED
 SIXTY-FOUR-M OF THE SOCIAL SERVICES LAW, NO PROVISION OF THIS ARTICLE OR
 ANY  OTHER  PROVISION  OF  LAW SHALL BE CONSTRUED TO LIMIT THE VOLUME OF
 ADDICTION SERVICES THAT CAN  BE  PROVIDED  BY  COMPREHENSIVE  OUTPATIENT
 SERVICES  CENTERS,  AS  DEFINED IN SECTION THREE HUNDRED SIXTY-FOUR-M OF
 THE SOCIAL SERVICES LAW.
   § 7. This act shall take effect January 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.

co-Sponsors

2025-S3051A (ACTIVE) - Details

See Assembly Version of this Bill:: A329
Current Committee:: Senate Health
Law Section:: Mental Hygiene Law
Laws Affected:: Add §36.08, amd §§31.02 & 32.05, Ment Hyg L; amd §488, Soc Serv L; amd §2801, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S6311, A8099
2023-2024: S2704, A3870

2025-S3051A (ACTIVE) - Summary

2025-S3051A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3051A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the mental hygiene law, the public health law and the
social services law, in relation to setting comprehensive outpatient
services

 
PURPOSE:

Relates to establishing a joint license for mental health and substance
use comprehensive outpatient services (COS).

 
SUMMARY OF PROVISIONS:

Section 1 defines terms related to the provision of comprehensive outpa-
tient service centers, authorizes the commissioners of the office of
mental health and the office of addiction services and supports jointly
license COS centers and develop standards and requirements for the
construction, operation reporting and surveillance of comprehensive
outpatient centers and details what the standards and requirements

should include.

Section 2 amends subdivision 4 of section 488 of the social services law
to place COS centers under the jurisdiction of the Justice Center.

Section 4, 5, and 6 amend the current law to allow for licensed COS
centers to provide integrated physical health, mental health, and
substance use services under the joint license established under this
act and would not require any additional licensing.

Section 7 provides that this act shall take effect upon the completion
of the regulations required under this act and the process for setting
rate reimbursement is complete.

 
JUSTIFICATION:

Oftentimes patients suffering from substance use disorder have one or
more co-occuring mental disorders that attribute greatly to their
substance use disorder. Unfortunately, individuals who are suffering
with substance use disorder and their loved ones are left to navigate
multiple systems because there is no one place that will treat the whole
person.

To families and providers it is apparent that their substance use and
mental health is deeply intertwined. Too often, the result is that both
needs are left unmet as each system wastes valuable time deciding who
this patient belongs to, and the consequences can be deadly.

We are failing these individuals when we treat a substance use disorder
while neglecting to recognize the mental health issue that may be the
root cause of the patient's substance use disorder. This bill would
provide a more patient-centered focus on holistic care and co-occurring
disorders while reducing barriers to treatment.  Individuals who receive
integrated mental health and substance services show better clinical
improvements and report better treatment satisfaction.

 
LEGISLATIVE HISTORY:
2023-2024: S2704/A3870 - Died in Health/Died in Mental Health 2021-2022:
S6311/A8099 - Died in Health/Died in Mental Health

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2026; provided, however, that the
amendments to section 364-m of the social services law be made by
section two of this act shall not affect the repeal of such section and
shall be deemed to repeal 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.

2025-S3051A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3051--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced by Sens. HARCKHAM, FERNANDEZ -- read twice and ordered print-
   ed,  and  when  printed  to be committed to the Committee on Health --
   recommitted to the Committee on Health in accordance with Senate  Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN ACT to amend the mental hygiene law, the public health  law  and  the
   social  services  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.  The mental hygiene law is amended by adding a new section
 36.08 to read as follows:
 § 36.08 COMPREHENSIVE OUTPATIENT SERVICES.
   (A) DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE, UNLESS  THE  CONTEXT
 CLEARLY REQUIRES OTHERWISE:
   (I)  "MENTAL  HEALTH  SERVICES" MEANS SERVICES OTHERWISE PROVIDED BY A
 MENTAL HEALTH CLINIC LICENSED UNDER ARTICLE THIRTY-ONE  OF  THIS  TITLE,
 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  THIS  CHAPTER
 OTHERWISE  PROVIDED  BY A PROVIDER CERTIFIED UNDER ARTICLE THIRTY-TWO OF
 THIS TITLE 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 MENTAL HEALTH CLINIC LICENSED PURSUANT TO  ARTI-
 CLE THIRTY-ONE OF THIS TITLE, OR ADDICTION DISORDER SERVICES PROVIDED BY
 A PROVIDER CERTIFIED PURSUANT TO ARTICLE THIRTY-TWO OF THIS TITLE TO ANY
 INDIVIDUAL, INCLUDING CHILDREN AND YOUTH, SEEKING SERVICES REGARDLESS OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00591-06-6
 S. 3051--A                          2

 
 THEIR  PRIMARY  DIAGNOSIS;  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.
   (B) THE COMMISSIONERS OF 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 ARTICLE NINETEEN, TWENTY-TWO,
 THIRTY-ONE, THIRTY-TWO, OR THIRTY-THREE  OF  THIS  CHAPTER  WHICH  WOULD
 OTHERWISE  APPLY TO PATIENTS IN FACILITIES OPERATED, LICENSED, OR CERTI-
 FIED 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; AND
   (VIII) THE FOLLOWING ADDITIONAL STANDARDS, PROVIDED THAT  SUCH  STAND-
 ARDS  SHALL,  AT  A  MINIMUM,  PROVIDE  THE  SAME LEVEL OF PROTECTION TO
 PATIENTS AS THE SAME STANDARDS REQUIRED BY ARTICLE NINETEEN, TWENTY-TWO,
 THIRTY-ONE, THIRTY-TWO, OR THIRTY-THREE OF THIS CHAPTER WOULD  OTHERWISE
 APPLY  TO  PATIENTS IN FACILITIES OPERATED, LICENSED, OR CERTIFIED UNDER
 ARTICLE THIRTY-ONE OR THIRTY-TWO OF THIS TITLE, 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  MENTAL  HEALTH  AND  ADDICTION
 SERVICES;
   (II)  CAPACITY  TO  OFFER  COMPREHENSIVE  OUTPATIENT  SERVICES IN EACH
 COMPREHENSIVE OUTPATIENT SERVICES CENTER JOINTLY LICENSED BY THE COMMIS-
 S. 3051--A                          3
 
 SIONERS OF 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) COMPREHENSIVE OUTPATIENT SERVICE  PROVIDERS  SHALL  BE  CONSIDERED
 CONTRACTED,  LICENSED, APPROVED OR OTHERWISE AUTHORIZED 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 THIS CHAPTER, AS MAY BE
 APPLICABLE.  PROVIDERS  SHALL  BE  REQUIRED TO COMPLY WITH THE REVIEW OF
 CRIMINAL HISTORY INFORMATION, AS REQUIRED IN SUCH SECTIONS, FOR PROSPEC-
 TIVE EMPLOYEES OR VOLUNTEERS WHO WILL HAVE REGULAR AND SUBSTANTIAL UNSU-
 PERVISED OR UNRESTRICTED PHYSICAL  CONTACT  WITH  THE  CLIENTS  OF  SUCH
 PROVIDER.
   (E)  THE  COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, AND THE OFFICE
 OF ADDICTION SERVICES AND SUPPORTS  ARE  AUTHORIZED  TO  PROMULGATE  ANY
 REGULATORY  REQUIREMENTS NECESSARY TO IMPLEMENT COMPREHENSIVE OUTPATIENT
 SERVICES CENTERS CONSISTENT WITH THIS SECTION.
   § 2. 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
 UNDER SECTION 36.08 OF THE MENTAL HYGIENE LAW;
   § 3. 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:
   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 36.08 OF THE MENTAL HYGIENE LAW.    NO  PROVISION  OF
 THIS  ARTICLE  OR  ANY OTHER PROVISION OF LAW SHALL BE CONSTRUED TO: (A)
 limit the volume of mental health, substance use  disorder  services  or
 developmental  disability services that can be provided by a provider of
 S. 3051--A                          4
 
 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  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 regulations issued pursuant to subdivision  seven  of  section
 three hundred sixty-five-l of the social services law or part L of chap-
 ter 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 depart-
 ment if such provider has been authorized to provide integrated services
 in accordance with regulations issued by the commissioner  in  consulta-
 tion  with  the commissioner of the office of mental health, the commis-
 sioner 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 (C) REQUIRE A PROVIDER LICENSED UNDER SECTION
 36.08 OF THE MENTAL HYGIENE LAW TO OBTAIN A LICENSE FROM THE DEPARTMENT.
   § 4. 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 SECTION 36.08 OF THIS
 TITLE TO OBTAIN A LICENSE FROM THE OFFICE OF MENTAL  HEALTH.    FURTHER-
 MORE,  NO  PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW SHALL
 BE CONSTRUED TO LIMIT THE VOLUME OF MENTAL HEALTH SERVICES THAT  CAN  BE
 PROVIDED  BY  COMPREHENSIVE  OUTPATIENT  SERVICES CENTERS, AS DEFINED IN
 SECTION 36.08 OF THIS TITLE.
   § 5. 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 and
 paragraph (i) as amended by chapter 511 of the laws of 2025, is  amended
 to read as follows:
 S. 3051--A                          5
 
   (b)  (i)  Methadone,  or such other controlled substance designated by
 the commissioner of health as appropriate for such use, may be  adminis-
 tered  to  a  person  with substance use disorder, as defined in section
 thirty-three hundred two of the public health law, by individual  physi-
 cians,  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  chemical  dependence  program  which  has  been
 issued an operating certificate by the commissioner pursuant to subdivi-
 sion  (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 authorization from the  federal  government
 to administer buprenorphine to people with substance use disorder 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  twen-
 ty-eight  of the public health law, article thirty-one of this [chapter]
 TITLE or a provider certified pursuant to article sixteen of this  chap-
 ter  to  obtain  an operating certificate from the office of [alcoholism
 and substance abuse] 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]  ADDICTION services AND SUPPORTS in consultation with the commis-
 sioner of the department of health, the commissioner of  the  office  of
 mental  health and the commissioner of the office for people with devel-
 opmental 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[.]; OR (B) REQUIRE A PROVIDER LICENSED  UNDER  SECTION  36.08  OF
 THIS  TITLE  TO  OBTAIN  AN  OPERATING  CERTIFICATE  FROM  THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS. FURTHERMORE, NO PROVISION OF THIS ARTI-
 CLE OR ANY OTHER PROVISION OF LAW SHALL BE CONSTRUED TO LIMIT THE VOLUME
 OF ADDICTION SERVICES THAT CAN BE PROVIDED BY  COMPREHENSIVE  OUTPATIENT
 SERVICES CENTERS, AS DEFINED IN SECTION 36.08 OF THIS TITLE.
   §  6.  This  act  shall  take  effect  on  the  date that the rates of
 reimbursement for comprehensive outpatient  services  are  approved  and
 certified  by  the  office  of mental health and the office of addiction
 services and supports pursuant to paragraph (v) of  subdivision  (b)  of
 section 36.08 of the mental hygiene law as added  by section one of this
 act  or  the  regulations  issued  in accordance with subdivision (e) of
 section 36.08 of the mental hygiene law as added by section one of  this
 act  become  effective,  whichever is later; provided that the office of
 mental health shall notify the legislative bill drafting commission upon
 the occurrence of the enactment of rates of reimbursement for comprehen-
 sive  outpatient  services  or  such  regulations  become  effective  as
 provided for in section one of this act in order that the commission may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public  officers  law.  Effective  immediately,  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.

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Senate Bill S3051A

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Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Health Committee

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Nathalia Fernandez

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Nathalia Fernandez

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