Legislation

Search OpenLegislation Statutes
This entry was published on 2018-10-12
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 33.27
Independent substance use disorder and mental health ombudsman
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 33
§ 33.27 Independent substance use disorder and mental health ombudsman.

(a) There is hereby established the office of the independent
substance use disorder and mental health ombudsman program that will be
operated or selected by the office of alcoholism and substance abuse
services, in consultation with the office of mental health for the
purpose of assisting individuals with a substance use disorder and/or
mental illness to ensure that they receive appropriate health insurance
coverage.

(b) Such ombudsman will identify, investigate, refer and resolve
complaints that are made by, or on behalf of, consumers relative to
health insurance coverage and access to initial and continuing substance
use disorder care and mental health care; accept, investigate, refer and
help to resolve complaints that are made by treatment providers relative
to health insurance coverage of and reimbursement for initial or
continuing substance use disorder and mental health care; accept,
investigate, refer and help to resolve complaints that are made by or on
behalf of consumers or by providers relative to network adequacy for
access to and continuing substance use disorder and mental health care.

(c) Notwithstanding sections one hundred twelve and one hundred
sixty-three of the state finance law and section one hundred forty-two
of the economic development law, or any other inconsistent provision of
law, funds available for expenditure pursuant to this section for the
establishment of an ombudsman for substance use disorder and mental
health insurance coverage, may be allocated and distributed by the
commissioner of the office of alcoholism and substance abuse services,
subject to the approval of the director of the budget, without a
competitive bid or request for proposal process for the establishment of
an ombudsman for substance use disorder and mental health insurance
coverage. Provided, however, that such allocation or distribution must
be based on objective criteria and an allocation methodology that is
approved by the director of the budget.